General Terms & Conditions of Business
1. Contractual basis
All contracts entered into between the customer and Stierfelle.com via the internet are subject to these terms and conditions of business. By placing an online order customers agree to these terms and conditions.
1.1 The wording of the contract is kept on record. The precise order details are sent to you by e-mail, these can also be found and viewed in our customer LogIn area under the respective item number.
2. Offer and conclusion of contract
2.1 Stierfelle.com offers goods for sale in the internet which are generally, except for deviations in item descriptions, readily available and can only be purchased via the Stierfelle.com internet portal and the associated sales apparatus.
2.2 Orders made by the customer on the internet are fundamentally binding for the customer.
2.2.1 Orders made via online auction houses (e.g. eBay)
The contract underlies the judicial regulations and the general terms and conditions of business of the respective auction house. On the eBay platform when an auction is held over a specific period of time a contract is entered into with the highest bidder and in the case of an immediate purchase a contract becomes binding between the vendee and the above mentioned vendor as soon as the customer activates the appropriate button on the sales web-page. After the button has been activated the vendee then has the chance to confirm or, if necessary, amend the specifications. The contract wording is kept on record under the respective item number by eBay for 90 days and can be viewed by the customer during this time.
2.2.2 Orders and business transaction (ordering via our own domains)
Products offered on Stierfelle.com’s own domains are subject to confirmation. By clicking the button ˜buy item” or ˜add to shopping basket” you place the item in a virtual shopping basket. As long as the items are in the virtual shopping basket the customer has the chance to confirm or, if necessary, change his order. In the course of the next two steps in the process the customer is able to enter billing address and delivery address details. The subsequent step enables the customer to select the required means of payment. Finally the customer is given an overview of the ordered goods in total, the delivery costs and all the data that has been provided by the customer. Here, the customer has another opportunity to amend his order or details.
By clicking the buttons ˜send order” the order for goods in the shopping basket becomes binding. The contract of sale is sent with our order confirmation or upon delivery of the products at the latest. The wording of the contract is stored on our website and can be viewed by our customers.
3. Terms of cancellation/revocation
Provided you are acting as a consumer, you can revoke your contract in writing (letter, fax, e-mail) within a month without having to state a reason, or by returning the goods in their original, unused sate (incl. original packaging). A written confirmation of revocation/cancellation of the contract will again be sent to you individually. The period in which cancellation is possible commences one day after you receive goods and a written copy of the wording of the contract. To comply with the terms of cancellation you are required to send the revocation declaration or return the goods within this period.
Revocation/Cancellations should be sent to:
Der Fellhof VertriebsGmbH
5322 Hof bei Salzburg
In the case of a revocation of contract the goods and payments received by both parties are to be returned/refunded and where applicable, any benefits (e.g. interest) incurred should also be issued. Should it only be possible for you to return the goods in part, or return the goods in a deteriorated condition, compensation for lost value must be paid. This does not apply to deterioration of the goods caused by necessary inspection of the goods – comparable to inspection which would normally take place in a retail store – or when the deterioration can be attributed to standard designated use of the goods.
Costs incurred in returning the goods are to be borne by the customer providing the delivered goods comply with the order made and when the price of the returned goods does not exceed 120 Euro, or when the price of the returned goods exceeds 120 Euro and, at the point of revocation, payment or the agreed instalment or prepayment has not yet been made. Otherwise the returning of goods is free of charge for the customer.
Reimbursement payment obligation must be met within 30 days of the date of dispatch of your written revocation.
Unless otherwise stipulated or agreed upon in advance, the right of revocation does not exist when distance selling contracts involve the delivery of goods which have been especially tailor-made according to the clients specifications, or have clearly been manufactured to suite a clients special requirements, or when the nature of the product makes it unsuitable for return e.g. are perishable, or have past their sell-by date.
You are entitled to return the goods to us freight collect without prior notice. Please consider that in this case the post offices charges us EUR 12,00 for this service. We would therefore ask you to contact us beforehand or to pre-pay the postage adequately.
4. Prices and terms of delivery
4.1 The prices published on our internet platform at the time of ordering apply. Stierfelle.com reserves the right to amend obvious errors at any time.
4.2 Post and packaging costs, generally borne by the customer, are added to the price.
4.3 Prepayment by way of pre-paid bank transfer by the client to the advised account or the selected payment method MPAY24 is a general prerequisite for the dispatch of goods.
4.4 Goods are delivered exclusively as insured parcel. Stierfelle.com reserves the right to choose its own logistic partner company.
5. Terms of delivery and postage
5.1 The delivery of goods will be affected by the Stierfelle.com as soon as we receive the full purchase price plus the relevant delivery and postage charges.
5.2 The customer is obliged to provide eBay with the correct delivery address details. Any additional costs incurred because of false or incomplete address details – costs for re-sending or returning the goods – must be reimbursed by the customer.
5.3 Should the customer purchase several items within a short period of time, Stierfelle.com reserves the right to make an accumulated delivery, if the customer so wishes; the customer cannot however insist on such a delivery service.
5.4 For companies the risk of loss or deterioration of goods is transferred at the point of hand-over to the company or an entitled receiver, for mail-order purchases at the point of hand-over to suitable transport person. For consumers the risk of loss or deterioration of goods is transferred, also in the case of a mail-order purchase, at the point of handover of the goods to the customer. The point of hand-over will be considered as accepted even if the customer is found to be in default of acceptance.
5.5 Should delivered items obviously show signs of material or production defects, which include transport damage, please place a complaint with a member staff of the transport company that delivered the goods immediately. Failure to do so does now however have any legal consequence for your claim.
6. Reservation of property rights
Stierfelle.com remains in ownership of all goods delivered to customers until full payment of the goods has been received. Should Stierfelle.com exchange goods within the scope of a guarantee, it is today hereby agreed upon that the ownership of the goods is to be exchanged reciprocally from the customer to Stierfelle.com and vice-versa at the point of time when, on the one hand, the goods are sent back to Stierfelle.com by the customer and/or the customer receives the exchanged items form Stierfelle.
7.1 Companies must report any obvious defects to Stierfelle.com in writing or text form within 2 (two) weeks of the date of delivery, otherwise any guarantee claims become null and void. Adherence to this time limit is achieved by sending the written complaint within this period. When dealing with traders Stierfelle.com can, in the first instance, chose to uphold the guarantee by rectifying the defect or replacement.
7.2 The limitation period for consumer claims for defects is 2 (two years), for companies, 1 (one) year respectively – as of the date of delivery to the vendee.
7.3 Details about the functioning and use of new or used goods or other technical information is issued by Stierfelle.com in all conscience and to the best of its knowledge according to its experience. These details do not however, represent any form of guarantee of quality or condition.
According to the legal regulations Stierfelle.com is liable for deliberate acts and gross negligence and for breaching integral contractual obligation (cardinal obligation). Stierfelle.com is liable within the limits of replacement for at the point of contract closure predictable, contract-typical damage, damages which involve slightly negligent breach of cardinal obligations by the company itself or any of its legal representatives or auxiliary agents. Stierfelle.com is not liable for slightly negligent breach of secondary obligations which are not cardinal obligations. Exempt from this are damages/defects which underlie the protection of any of Stierfelle.com’s given guarantees or assurances and also liability for claims within the Product Liability Act and injury to life, body or health.
9.1 Stierfelle.com will observe all the data protection regulations, in particular the Tele Services Data Protection Act.
9.2 Otherwise the legal regulations apply.
9.3 Should any single clause of the contract of sale or the general terms and conditions become invalid, the validity of the remaining clauses remains upheld. For international deliveries Austrian laws apply.
9.4 Should the customer be a tradesman, place of jurisdiction for any disputes with regard to the contractual agreement is the location of the Stierfelle.com registered office.
As of February 2009
Data Privacy Statement
We only use your inventory data for processing your order. Customer data is stored and used by us according to the relevant regulations. You are entitled to request and receive; disclosure of information, amendments, stoppage and deletion of your stored data free of charge at any time. Please inform us of your demands by e-mail, fax or post. We will not pass on your personal data, including your postal address and e-mail address, to a third party without your specific and at any time revocable assent. Exempt from this is information required by partners supplying a service involved in the processing of your order (e.g. the mail order firms commissioned with the delivery and banks involved in the payment process). In this case the amount of information passed on is restricted to a necessary minimum. We have initiated technical and organisational safety measures to protect the personal data held by us from random or intentional manipulation, loss or deletion and against data being accessed by unauthorized persons.