GENERAL TERMS OF BUSINESS
All services provided to customers in the Onlineshop studiosixtyseven.eu by KLEEN-TEX company (hereinafter KLEEN-TEX) are governed exclusively on the basis of the following General Terms of Business, in the version applicable at the time of purchase. KLEEN-TEX does not recognize any alternate terms of the purchaser. Any regulations shall only be valid if they were agreed between the Onlineshop and the customer.
Online sales outside the EU are governed separately.
2. Formation of Contract
The internet sales offers in the Onlineshop represent a non-binding invitation to customers to order products in the Onlineshop. By ordering the desired products in the internet, the customer makes a binding offer to conclude a purchase agreement.
By clicking on the “Order - payment required” button, you issue a binding order for the articles in the shopping cart. We confirm receipt of your order immediately by email after acceptance of the order. A binding contract comes into force when this order confirmation is sent.
No purchase contract comes about for products in the purchase order which are not listed in the shipping confirmation. KLEEN-TEX Industries GmbH is the other party to the contract.
KLEEN-TEX does not offer products for purchase by minors.
KLEEN-TEX delivers using the optimum transportation means. Your products will be shipped by DHL. Delivery is provided to the following EU countries (Austria, Germany, Belgium, France, Italy and Poland). Normally the delivery time takes about three to five business days.
All articles will be shipped immediately, provided they are available in our warehouse. But in any case, please check the relevant information on article availability in the ordering documents. If an article is not soon available, we will inform you by email about the anticipated delivery date, provided we have your physical mailing address. Your legal rights in such case remain unaffected.
The order address and delivery address need not be the same. Check the delivered articles against the product delivery ticket and report any discrepancy to customer service immediately.
4. Packing and Shipping Costs
For delivery within Austria and Germany, we calculate a proportionate shipping cost of 6.90 euros, regardless of the number and weight of the articles. There is no shipping charge on orders from a value of 150 euros.
For delivery to Belgium, France, Italy and Poland the shipping charge is 14.90 euros. Regardless of the number and weight of the articles. There is no shipping charge to those named countries on orders from a value of 250 euros.
All stated prices are final prices which include the current legal sales tax of 19% for sales to Germany, 20% for sales to Austria and France, 21% for sales to Belgium, 22% for sales to Italy and 23% for sales to Poland. The prices valid at the time of the order shall apply.
When you complete your order and go to checkout, you can choose from a number of types of payment. We accept the following types of payment: Giropay, credit cards such as MasterCard and Visa, PayPal, immediate bank transfer and purchase upon account. We reserve the right not to accept certain types of payment for a particular purchase and refer the customer to other types of payment. Please note that we only accept payments from accounts within the European Union (EU). Any financial transaction costs are borne by you.
With GiroPay, you provide your Online banking transfer information in the secure Online banking environment of your credit institution. This ensures that sensitive data (PIN/TAN) are only exchanged between you and the bank. No third party has access to your personal account and transaction information.
Payments with Credit Card: Upon conclusion of purchase, your credit card account will be charged the amount of the invoice. We accept Visa and MasterCard.
When purchasing by PayPal, the amount is deducted from your PayPal account directly after order acceptance. Payment by PayPal is only possible online.
An Immediate transfer works like a usual online transfer at your bank. You can complete the payment process for an online purchase directly using the account data of your online bank account. Based on the transaction confirmation, we can process your order and ship the product immediately.
With the secured invoice purchase, you receive an invoice with a payment request. After the delivery of the goods, you can pay your invoice by bank transfer.
Until final payment is received, the shipped products remain the property of KLEEN-TEX Industries GmbH (retention of ownership as per §§158, 449 German BGB or §1063 Austrian ABGB).If the agreed payment schedule is not kept, then we shall charge reminder fees and processing fees which are to be paid by the buyer.
6. Sales Vouchers
Sales vouchers are vouchers that are not available for purchase, but instead are issued by us within the scope of advertising campaigns and have a particular expiration date. Thus, sales vouchers are merely an advertising or promotional action.
Sales vouchers can be redeemed for only the stated period of time and only once as part of the purchase process. Individual brands may be excluded from the sales promotion. Sales vouchers cannot be used for purchase of gift vouchers. Also note that sales vouchers may require a minimum purchase.
7. Gift Vouchers
Gift vouchers are vouchers which you can obtain by purchase. These vouchers can only be redeemed for the purchase of KLEEN-TEX products, but not for the purchase of other gift vouchers. If the value of the vouchers is not sufficient to cover the purchase, then the difference has to be covered by the other available types of payment.
Gift vouchers and credit vouchers can only be redeemed before completion of the ordering process. Credit vouchers cannot be redeemed for CASH nor transferred to third parties.
8. Cancellation Notice
8.1 Right of Cancellation
You have the right to cancel the agreement within fourteen days without providing any reason. The cancellation schedule amounts to fourteen days after the date when you or a third party nominated by you, and who is not the shipper, has taken possession of the product.
To exercise your right of cancellation, you must inform Kleen-Tex Industries GmbH, Fürhölzl 2, 6341 Ebbs, Telefax: +43 (0) 5372 61 380 49, Email: firstname.lastname@example.org by an unambiguous statement (e.g by postal letter, fax or email) about your decision to cancel this agreement. You will receive an immediate confirmation of the receipt of any such cancellation.
To enforce your right of cancellation, you must send us the notice of cancellation before expiration of the cancellation period.
8.2 Sample Cancellation Form
If you intend to cancel the contract, then please complete this form and send it back to Kleen-Tex Industries GmbH, Fürhölzl 2, 6341 Ebbs,Telefax: +43 (0) 5372 61 380 49, Email: email@example.com
- I/we (*) herewith withdraw from the contract that I/we (*) concluded regarding the purchase of the following products (KLEEN-TEX*)/the following services (*)
- Ordered on (*)/received on (*)
- Name of buyer(s) - address of buyer(s)
- Signature of buyer(s) (only when submitted on paper)
(*) Line out inapplicable item
8.3 Consequences of Cancellation
If you cancel this contract then we shall refund all payments that we have received from you, including the shipping costs (with the exception of supplemental costs incurred by your selection of a different type of shipping than the standard, most-favorable-rate shipping offered by us) without delay and by no later than within fourteen days after the date that we receive your message about your cancellation of this contract. This refund shall be made by the same means as you used in making your payment for the original transaction, unless otherwise expressly agreed between us. In no case will any fees be charged to you for this refund. We may refuse to make the refund until we have received the returned goods or until you have provided evidence that you have shipped the goods back, depending on which is the earlier point in time.
You shall ship or return the products to us immediately, and in any case by no later than within fourteen days after the date when you inform us about the cancellation of this contract. This return schedule is granted provided you ship the products back to us before expiration of the grace period of fourteen days.
If you cannot return the product to us in whole, or potentially not in the same condition, or only in a deteriorated condition, then you must compensate us for the loss of value.
This shall not apply to the surrender of goods when the deterioration of the goods is attributable exclusively to their physical examination - as would have been possible for you in a physical store, for example.
In addition, you can avoid your duty for compensation of value for any deterioration of condition due to proper and orderly operation of the product, by taking the product into use not as your own property, and ceasing everything that adversely impacts its value.
You are not required to compensate for loss of value for any deterioration occurring through the proper and orderly use of the item. You are only required to compensate for any loss of value of the products when this loss of value is due to handling of the product which is not necessary for examination of its characteristics, function and properties.
We will bear the expense for returning the products if you obtain and use an approved return ticket from us, or if you contact our customer service department. Otherwise, the return shipping costs will be your responsibility.
End of Cancellation Notice
8.4 Exclusion/Expiration of Right of Cancellation
However, regarding the delivery of standard mats, this cancellation period shall not end before conclusion of the contract or receipt of the product by the receiver (or in the case of recurring shipments of equivalent products, not before receipt of the partial delivery) and not before completion of our information reporting requirements, for customers in Germany pursuant to §312c para. 2 BGB in connection with §1 para.1, 2 and 4 BGB-InfoV, and of our information reporting requirements pursuant to §312e para. 1 line 1 BGB in connection with §3 BGB-InfoV, and/or for customers in Austria pursuant to §§ 5e and 5d of the Austrian International Sales Law.
The right of cancellation shall not apply to online contracts for delivery of products which are tailor made to customer specifications (patterns) or are produced to unique personal requirements of the customer or which are not suitable for return due to their particular nature (personalizing of products).
Your right of cancellation shall also expire if the contract has been fully completed by both parties, at your express request, before you have exercised your right of cancellation.
The standard warrantee period under law shall apply, unless a more extensive warrantee is granted for the particular article.
If defects in the purchased item appear during the legal warrantee period,
then you may elect to enforce your legal claims to correction of defects, redelivery of product or delivery of a defect-free product. If transport damage is noticed on the product, then you may request a refund (damage report) by filing a report with the employee of the shipping company. Any other noticed transport damage must be enforced by no later than eight days after receipt of the product, against the shipping service provider DHL in writing. If a renewed shipment is provided, then any defective delivered product must be returned within 30 days.
You may request more extensive claims for price reduction or cancellation, and also for compensation of damages, instead of a new delivery, and also the compensation of your incurred expenses, when the legal requisites are present. We are entitled to refuse your selected method of reworking, without liability, when such reworking is only possible at a disproportionate cost.
KLEEN-TEX shall not be liable for defects occurring as a result of improper handling, normal wear or due to outside effects. Any repairs to products by third parties under the customer’s authority, which are handled without our written consent, shall void the KLEEN-TEX warrantee. The purchaser may not assign or convey any warrantee claims.
The online shop shall be liable in cases of premeditation or gross negligence, according to the legal regulations. Liability for warrantees shall apply regardless of fault. In the case of minor negligence, the online shop shall be liable exclusively under the regulations of product liability law, due to injury to life, health or due to a violation of essential contract stipulations. A claim for compensation of damages for minor negligent violation of essential contract duties, however, is limited to the typical, foreseeable damages and only to the amount of the purchase price, unless the fault involves injury to life or health. The online shop’s liability is limited to the same amount involving fault of employees.
The provisions of the preceding paragraph (8.1) extend to compensation of damages by means of reworking, compensation of damages instead of reworking, and compensation of damages due to expenses incurred, regardless of the particular legal basis, including liability due to defects, delays or impossibility.
11. Data Protection
KLEEN-TEX assumes no liability for logos, pictures and graphic depictions provided by the customer. By your purchase and provision of the pictures and graphics, you state that you are either the intellectual creator thereof, or that you are entitled to use the copyright according to a licensing agreement.
All photos, logos, text, reports, scripts and program routines appearing on these pages and which have been created or processed by us may not be copied or otherwise used without our express consent. All rights reserved. The purchaser confirms, by means of the purchase order, that the provided drafts, patterns, design, logos, brands or company symbols and written texts may be used without any restriction, in particular that any consent required from third parties has been obtained. The client also affirms that KLEEN-TEX company is not in violation of any copyright owing to the use of these documentary materials, and/or that the client shall hold KLEEN-TEX company fully indemnified and harmless against any third party in the event of any copyright violation.
It is beyond our control if our suppliers eliminate raw materials from our product assortment so that they can no longer be delivered, or if the type and design are changed. If our supplier makes a replacement article available, then we will inform you accordingly. Your legal rights in such case remain unaffected.
All products offered in the shop are in large measure produced by hand. Therefore, we reserve the right to supply products with a size and color tolerance of +/- 5%.
14. Links to Our Pages
We herewith expressly absolve the company from the content of pages linked to our homepage. This statement also applies to all links set up to our internet pages.
15. Applicability of these Business Terms
By your order these General Terms of Business of the online shop are accepted. In the event that any one provision of these General Terms of Business should be nullified, for any reason whatsoever, then the validity of the remaining provisions shall remain thereby unaffected. Austrian law shall apply exclusively.
16. Legal Statement, Vendor Identification
Kleen-Tex Industries GmbH
Commercial register: LG Innsbruck, HRB 52282k
UID-Number: ATU 32251700
Status: May 2019
For any questions or complaints, please refer to our customer service: firstname.lastname@example.org