General Terms and Conditions
These general terms and conditions apply to all orders placed via the online shop of
Oskar Karla GmbH & CO KG
to do so.
Managing Director: Ralph Karla, Dr. Raoul Karla
Phone: +43 – (0)1 – 713 55 46
Fax: +43 – (0)1 – 712 58 81
- The range of goods in our online shop is aimed at companies as well as consumers (who have reached the age of 18).
- Our deliveries, services and offers are provided exclusively on the basis of these General Terms and Conditions. Terms and conditions of customers or third parties do not apply, even if Oskar Karla GmbH & Co KG does not separately object to their validity in individual cases.
- Contract language is German.
- The contract is subject to Austrian law to the exclusion of the UN Sales Convention.
- Any disputes arising in connection with the contractual relationship shall be settled exclusively by the competent court in Vienna.
- You can call up and print out the currently valid General Terms and Conditions for the Oskar Karla Online Shop on the website.
Offer and conclusion of contract
- The presentation of goods in the online shop does not constitute a binding application for the conclusion of a sales contract. Rather, it is a non-binding request to order goods in the online shop.
- The article pictures shown are partly symbolic pictures.
Subject to changes in the offer, technical changes, errors in the contents and delivery possibilities. All information is subject to change.
- By clicking on the button “Order with costs” you submit a binding offer to purchase.
- After receipt of the purchase offer you will receive an automatically generated e-mail confirming that we have received your order (confirmation of receipt). This confirmation of receipt does not yet represent an acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.
- A sales contract for the goods is only concluded when we expressly declare acceptance of the purchase offer or when we send the goods to you – without prior express declaration of acceptance.
Prices and payment
- The prices stated in this offer are always net prices plus value added tax. Exceptions are registered private customers who are logged in to the online shop, for these customers the prices appear including VAT. All prices shown in our online shop do not include the respective shipping costs.
- With the publication of this offer all previous price quotations lose their validity.
- Payment is made by cash on delivery, credit card or immediate bank transfer. For registered VIP customers the payment method by invoice is available (payable upon receipt). If you purchase on account, we will carry out a credit check, on the basis of which we will decide whether you are granted the option of payment on account.
- If you fall behind with a payment, you are obliged to pay the statutory default interest of 1.5% p.m. above bank interest rates. All reminder and collection charges are to be reimbursed.
- If, after conclusion of the contract, circumstances become known which give rise to doubts about the customer’s creditworthiness and which endanger the payment of outstanding claims from the respective contractual relationship, Oskar Karla GmbH & Co KG is entitled to withdraw from the contract.
- Oskar Karla GmbH & Co KG is entitled to increase prices appropriately if the delivery date is more than 6 months after the conclusion of the contract. The prices valid on the day of delivery shall then apply. The prices are adjusted to the changed price basis (material, wages, etc.).
Delivery and retention of title
- Unless otherwise agreed, the goods will be delivered from our warehouse to the address you specify.
- The risk is transferred to the customer when the delivery item is handed over to the forwarding agent, carrier or any other third party designated to carry out the shipment. This also applies if partial deliveries are made. If shipment is delayed due to circumstances for which the customer is responsible, the risk is transferred to the customer at the time Oskar Karla GmbH & Co KG is ready to ship and has notified the customer of this.
- The goods remain our property until the purchase price has been paid in full. The seller is also expressly entitled to assert a right to segregation in the event that the buyer urgently needs the goods to continue his business. The buyer hereby expressly waives for himself and his legal successors the right to invoke contrary legal provisions which exclude the assertion of a right to separate satisfaction or which attach conditions of any kind whatsoever.
- Oskar Karla GmbH & Co KG is entitled to make partial deliveries, provided this does not result in significant additional work and/or additional costs for the customer.
- The delivery must be checked for completeness and integrity in the presence of the deliverer. Defects must be noted on the shipping documents and acknowledged by the deliverer.
Correct behaviour when accepting the delivery
- The goods ordered by you are conscientiously checked and carefully packed. Only accept packages that are externally undamaged and packages that do not show signs of breakage when shaken!
- Report any damage to us within 14 hours of delivery (in writing or verbally)!
- Keep the damaged shipment – damaged goods and packaging – at our disposal!
Any warranty claims are to be asserted within a preclusive period of 6 months from delivery, whereby the current statutory period shall apply to consumers.
You have a right of return within 14 working days. The withdrawal period begins on the day of delivery (Saturdays, Sundays and public holidays are not included). The revocation or declaration of withdrawal must be sent by email, fax or post within the above-mentioned period and the delivered goods must be returned to us. The return shipment is at the expense and risk of the customer. Upon receipt of the goods by us, we will refund the purchase price paid. We reserve the right to charge an appropriate fee for the handling, any depreciation in value and the restocking of the goods. The right of withdrawal does not apply to custom-made products, used articles and goods that are not suitable for return due to their nature. We reserve the right to refuse the right of return for order quantities which are outside our usual delivery quantities.
- Should one or more provisions of these GTC be or become invalid, the validity of the other provisions shall not be affected.
- The place of performance and exclusive place of jurisdiction for all disputes arising from the business relationship between Oskar Karla GmbH & Co KG and the customer is Vienna. Austrian law applies.
- Collateral agreements must be made in writing.
Any use of images and graphics by third parties requires the written consent of Oskar Karla GmbH & Co KG
Status October 2019