Seat of the company:
VAT-ID: ATU 75830567
Managing Director: Mag. Marcus Fried
In the following “Stamm”
and the customers referred to in Section 1.2 of the General Terms and
Conditions of Business, hereinafter referred to as “Customer”
1. Scope of application and contractual partners
These General Terms and Conditions of Business (“GTC”) shall apply to all business relations between the customer and Stamm in the version valid at the time of the order for deliveries of any kind made by Stamm to its customer, unless otherwise agreed in writing in a purchase or other contract concluded between Stamm and the customer. Legally relevant declarations and notifications of the customer after conclusion of the contract (e.g. setting of deadlines, notifications of defects, declaration of withdrawal or reduction) must be made in writing to be effective.
1.2 Contract partner
The offer of Stamm addresses itself to consumers and entrepreneurs in the sense § 1 KSchG
(Austrian consumer protection law).
All offers from Stamm are subject to change.
2.1. For purchase contracts via the online store www.stamm.at or by e-mail
Stamm’s offer on the Internet at www.stamm.at does not yet represent a legally binding offer to conclude a purchase contract, but rather an invitation to submit such an offer. In the case of orders via www.stamm.at , the customer only submits an offer to conclude a purchase contract with Stamm when the completely filled out order form is sent. Upon receipt of this offer, the customer will receive an order confirmation from Stamm regarding the receipt of the order, in which the data and the items ordered by the customer are listed again. This electronic order confirmation does not yet constitute an acceptance of the offer by Stamm. The sales contract between the customer and Stamm is only concluded when an explicit order confirmation is sent, an invoice is sent, or the goods are delivered. When ordering by e-mail, the customer submits an offer to conclude a sales contract with Stamm by sending an e-mail to Stamm. After processing this offer, the customer will receive an electronic order confirmation from Stamm, in which the data and the ordered items are listed. Upon receipt of this order confirmation, the contract between Stamm and the customer is concluded.
2.2. For distance selling contracts by telephone
The customer’s telephone order represents an offer to conclude a sales contract with Stamm. During the telephone call, Stamm confirms this order to the customer. This confirmation does not yet represent an acceptance of the contract. The customer receives a written Order confirmation, which lists the data and the items ordered by the customer. Upon receipt of this order confirmation, the purchase contract between Stamm and the customer is concluded.
3. Right of revocation, revocation instruction
3.1 Cancellation policy Cancellation policy:
The right of revocation applies only to consumers in the sense of § 1 KSchG:
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving reasons .The revocation period is fourteen days from the day on whichyou or a third party named by you ,whois not the carrier , took or hastaken possession ofthe last goods . In order to exercise your right of withdrawal, you must inform us, Stamm e.U., Bösendorferstraße 1, 1010 Vienna, Austria, Tel. +43 676 4065700, E-Mail: email@example.com by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract .In order to comply with the revocation period, it is sufficient that you sendthe notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return the goods to Stamm e.U., Bösendorferstraße 1, 1010 Vienna, Austria, immediately and in any case within fourteen days at the latest from the day you inform us of the revocation of this contract. The time limit shall be deemed to have been observed if you send the goods before the expiry of the fourteen-day period. The customer bears the costs of the return shipment. You only have to pay for a possible loss of value of the goods if this loss of value is due to a handling on your part that is not necessary for testing the condition, properties and functionality of the goods.
3.2 Exclusion of the revocation:
The right of revocation does not apply to goods that are not prefabricated and for the production of which an individual selection or determination by the customer is decisive or which are clearly tailored to the personal needs of the customer.
4. Delivery date, delivery conditions andshipping costs:
4.1 delivery date:
Stamm will deliver immediately available goods within three (3) working days from the date of placing your order to the address you specify. The delivery times for products that are not in stock are product-dependent.
If the delivery date cannot be met, you will be informed by Stamm and we will inform you of the new delivery date.
4.2 Terms of delivery:
Stamm is also entitled to execute the order in partial deliveries. Stamm reserves the right not to execute the order if the ordered goods are not available or not available in time, or is not available due to lack of quality. In this case, Stamm will inform you immediately and refund any payment already made.
4.3 Shipping costs:
The shipping costs depend on the country of delivery and are published on our website and are displayed again during the ordering process before you place your order.
The prices stated on thewebsite www.stamm.at for the relevant delivery country at thetime of ordering shall apply , plus delivery country-specific shipping costs. The prices include, within the EU, according to EU regulations, the respective legal value added tax. For deliveries to other countries, the costs for customs clearance, customs duties and, if applicable, local taxes will be invoiced separately on site.
6. Payment methods
Stamm offers payment by credit card (VISA, MasterCard), PayPal and prepayment. The invoice amount will be debited on the day of shipment or handover of the goods.
7. Rights ofset-off or retention
The customer shall only be entitled to a right of set-off or retention if his claim has been legally established or is undisputed. The customer may only exercise his right of retention if his counterclaim is based on the same purchase contract.
The warranty is determined by the legal regulations. Every defect must be reported immediately. In the event of a warranty claim, Stamm reserves the right to either replace or repair goods that turn out to be defective. If these measures fail twice, the customer is entitled to reduce the purchase price paid for the goods or to cancel the order for the defective goods at his discretion. Withdrawal is excluded in the case of an insignificant defect.
9. Product representations and guarantees
The product representations on the website may differ in color and impression from the actual articles. Notes on the products do not constitute a guarantee . An additional guarantee is only provided for goods supplied by Stamm ifthis has been stated on thewebsite for the relevant article. In this case, you will also find the guarantee conditions of the product manufacturer.
Stamm collects, processes and uses personal data inaccordance and in compliance availableat www.stamm.at under theheading “Data Protection”.
11. Limitation of actions
Any claims for damages against Stamm, with the exception of claims for damages in tort, shall become statute-barred in accordance with the statutory provisions, at the latest, however, two years after performance of the service on which the claim is based.
12. Retention of title
The goods remain the property of Stamm until full payment has been received. The customer is obliged to inform Stamm immediately of any access of third parties to the goods subject to the reservation of title (reserved goods), in particular of any enforcement measures or other seizures, and of any damage to the reserved goods. If the goods is delivered to a country in which the above retention of title is not fully effective, the customer is obliged to provide Stamm with equivalent security.
13. Image right
All image rights are held by Stamm or our partners. The use of pictures, even in extracts, is not permitted without our express consent.
14. Place of performance
The place of performance is Vienna.
15. Place of jurisdiction
The courts in Vienna shall have exclusive jurisdiction for all disputes arising from or in connection with the contract or these terms and conditions, provided that the customer is a merchant or legal entity under public law.
16. Partial Invalidity
Should one or more provisions of the contract or these terms and conditions be invalid or unenforceable or be replaced by respective national law, the validity of the remaining provisions shall not be affected. August 2019