GTCs

General Terms and Conditions

These General Terms and Conditions apply to all our deliveries of goods and – mutatis mutandis – to the provision of services by us in distance selling and in stationary trade, even if these deliveries or services are made without the use or explicit reference to these General Terms and Conditions. By placing the order (or at the latest upon acceptance) of the goods or services, the customer acknowledges these General Terms and Conditions. Our company delivers the goods and provides the services throughout the entire EU.

Amendments or side agreements can only be made by authorized representatives of Elias Heiztechnik GmbH and apply only to the individual business case. These amendments or side agreements must be in writing. Oral amendments or side agreements are not effective. Other employees of Elias Heiztechnik GmbH are not authorized to agree to changes or side agreements to these General Terms and Conditions. Diverging contractual conditions of the customer are expressly contradicted. They do not bind Elias Heiztechnik GmbH even if Elias Heiztechnik GmbH does not contradict the customer again upon receipt. Services and deliveries in distance selling are offered by Elias Heiztechnik GmbH only to fully legally capable customers with a registered office or residence in Austria and the EU area. If a product is not deliverable for reasons deemed unacceptable by Elias Heiztechnik GmbH within four weeks, Elias Heiztechnik GmbH reserves the right to withdraw from the contract. The content of the contract, all other information, customer service, data information, and complaint handling are consistently offered in German. The place of performance for all transactions is the company location.
By clicking the checkbox in the shopping cart before placing the order "I have read and accepted the terms and conditions," the buyer agrees to these General Terms and Conditions and is bound by them.

Order process, Order correction, Order cancellation

Once you have selected the desired product, you can add it to your cart without obligation by clicking the button [Add to Cart]. You can view the contents of the cart at any time without obligation by clicking the button [View Cart]. You can remove products from the cart at any time by clicking the button [Löschen]. If you want to purchase the products in the cart, click the button [Proceed to Checkout]. Please enter your details. For first-time orders, registration as a "New User" is required. For subsequent orders, it is sufficient to enter the login and password set by the user during the initial registration. Your data will be transmitted securely. After entering your details and selecting the method of payment and delivery, you will proceed to the order page by clicking the button [Confirm Order], where you can review your entries again. By clicking the button [Place Order with Payment Obligation], you complete the ordering process. You can correct your entries by using the "Back" button of the browser. The ordering process can be canceled at any time by closing the browser.
Immediately after your registration, you will receive your access data sent to you via email. We store the contract text and send you the order confirmation by email. For security reasons, your order data is no longer accessible via the internet. The prices are valid at the time of ordering, including statutory VAT, plus any shipping costs incurred. The stated prices are daily prices, and the selling price indicated on the order day is valid. All prices are understood – unless otherwise stated – as cash payment prices including shipping and statutory sales tax. Cash on delivery fees are not included in the prices. In case of obvious errors, Elias Heiztechnik GmbH reserves the right to calculate the correct price. Payment is made according to the payment method chosen at the time of order completion or on-site. The settlement is in EURO. All orders must be paid within seven days of the payment request. We ask you to pay your orders within the specified period. All unpaid orders will be canceled, and all items contained therein can no longer be ordered in our shop.

Please note that if payment is not received within the 7-day period, the items will no longer be reserved for you and may be offered to other customers or allocated to other orders without prior notice. The contract text will be stored with us and can be requested by you after the order process is completed. You can print the order data immediately after submission. For this, you can use either the subsequent page "Your Order" or the email "Receipt Confirmation." A detailed description regarding the order in our shop can be found at: https:// www.eht.com/faq.

contract language
'The contract content, all other information, customer service, data information, and complaint handling are offered in German.'

Prices
The prices apply at the time of ordering, including statutory VAT, plus all shipping costs incurred. They are visible in the shopping cart before the contract is concluded and then in a contract confirmation sent to the customer. If export or import duties become due during shipping, these will also be borne by the purchaser (you can obtain information about this from your local customs office).

Right of withdrawal
Consumers according to the KSchG have the right to withdraw from this contract within fourteen days without giving any reasons.

The withdrawal period is:
1. in the case of a service contract or a contract for the supply of water, gas, or electricity, if they are not offered for sale in a limited volume or in a specific quantity, of district heating or of digital content not delivered on a physical medium, 14 days from the day of the conclusion of the contract.
2. in the case of a purchase contract 14 days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
3. in the case of a contract for multiple goods that the consumer has ordered as part of a single order and which are delivered separately, 14 days from the day on which you or a third party designated by you, who is not the carrier, has taken possession of the last goods.
4. in the case of a contract for the delivery of goods in several partial shipments or pieces, 14 days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last partial shipment or the last piece.
5. in the case of a contract for the regular delivery of goods over a specified period of time, 14 days from the day on which you or a third party designated by you, who is not the carrier, has taken possession of the first goods.

To exercise your right of withdrawal, you must contact us at Elias Heiztechnik GmbH, Unterbruckendorf 14, 9314 Launsdorf, Austria,
Tel.: +43 6244 343 00 – 0, info@eht-shop.com, inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax, or email). You can use the attached withdrawal form for this purpose, but it is not mandatory.

To maintain the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the withdrawal period expires. Consequences of Withdrawal If you withdraw from this contract, we will refund you all payments we have received from you, including delivery costs (except for additional costs resulting from your choice of a different type of delivery than the least expensive standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this refund, we will use the same payment method that you used for the original transaction, unless something else has been expressly agreed with you; in no case will you be charged any fees for this refund. In the case of purchase contracts where we have not offered to collect the goods ourselves in the event of withdrawal, we may withhold the refund until we have received the goods back or until you have provided proof that you have sent the goods back, whichever is the earlier.

If you have received goods in connection with the contract, you must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the fourteen-day period has expired. You bear the direct costs of returning the goods.
For goods that cannot be shipped as packages, the costs for return shipping are estimated to be a maximum of about 25 EUR. You are only liable for any loss in value of the goods if this loss in value is due to handling that is not necessary for the examination of the nature, characteristics, and functioning of the goods. If you have requested that the services begin during the withdrawal period, you must pay us an appropriate amount that corresponds to the proportion of the services already provided up to the point at which you inform us of the exercise of the right of withdrawal regarding this contract, compared to the total scope of services provided for in the contract. If the customer is a business owner, a withdrawal is completely excluded. Withdrawal form: HERE as PDF download – Widerrufsformular.pdf

Instructions for a smooth processing of the return
(1) Please return the item to us in its original packaging if possible. The return shipping costs are to be borne by the buyer.
(2) If you only want to return one item from the delivery, but have ordered additional items that you now want to pay for by invoice, simply deduct the item you have returned from the invoice amount. If you pay by direct debit, the price for the returned item will automatically not be charged.

The consumer has no right of withdrawal in contracts concerning
1. Services, when the entrepreneur – based on an explicit request from the consumer according to § 10 FAGG and a confirmation from the consumer regarding their awareness of the loss of the right of withdrawal upon full performance of the contract – had begun to perform the service before the expiration of the withdrawal period according to § 11 FAGG and the service was then fully provided,
2. Goods or services whose price depends on fluctuations in the financial market, which the entrepreneur has no influence over and which may occur within the withdrawal period,
3. Goods made to customer specifications or clearly tailored to personal needs,
4. Goods that can spoil quickly or whose expiration date would be exceeded quickly,
5. Goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that their seal has been removed after delivery,
6. Goods that, due to their nature, have been inseparably mixed with other goods after their delivery,
7. alcoholic beverages whose price was agreed upon at the conclusion of the contract, but which cannot be delivered earlier than 30 days after the conclusion of the contract and whose current value depends on fluctuations in the market that the entrepreneur cannot influence,
8. Sound or video recordings or computer software delivered in a sealed package, provided that the seal has been removed after delivery. 9. Newspapers, magazines, or illustrated publications, except for subscription contracts for the delivery of such publications,
10. Services in the areas of accommodation for purposes other than residential, transportation of goods, rental of motor vehicles, as well as delivery of food and beverages and services related to leisure activities, provided that a specific time or period is contractually stipulated for the fulfillment of the contract by the entrepreneur.
11. the delivery of digital content not stored on a physical medium, if the entrepreneur – with the express consent of the consumer, combined with their acknowledgment of the loss of the right of withdrawal in the event of early commencement of performance of the contract, and after providing a confirmation in accordance with § 7 para. 3 FAGG – has begun delivery before the expiry of the withdrawal period in accordance with § 11 FAGG,
12. urgent repair or maintenance work, where the consumer has expressly requested the contractor to visit for the execution of this work. If the contractor provides additional services during such a visit that the consumer has not expressly requested, or delivers goods that are not necessarily required as spare parts for maintenance or repair, the consumer has the right of withdrawal regarding these additional services or goods. Finally, the consumer has no right of withdrawal for contracts concluded at a public auction.

payment
We accept the following payment methods: payment on site, Sofort AG, Paypal, Stripe credit card, advance payment, :

STRIPE credit card
(Eurocard/MasterCard, Visa, American Express…) When paying by credit card, the charge is made on the same day. When paying by credit card, the customer provides the following information: cardholder, card number, credit card company, expiration date, CVV code. The data is transmitted via SSL encryption with at least 128-bit key and is therefore not accessible to unauthorized persons. More information can be found here: https://eht-shop.com/datenschutz/

Transfer
For the payment method bank transfer, the customer must make the payment within one week from the receipt of the order confirmation. Delivery will only take place after payment has been received.

PayPal
'When paying via Paypal, the charge will occur on the same day.'

payment on site

Late payment
In the event of payment delay by the customer, we are entitled to demand the legally regulated default interest. The statutory default interest between consumers and entrepreneurs is 4 percentage points.

Reminder and collection fees
The contracting party undertakes, in the event of default, even in the case of an involuntary payment delay, to reimburse us for the reminder and collection costs that are necessary for appropriate legal action and are reasonable in relation to the claim, whereby they specifically commit to reimbursing us for the costs incurred by engaging a collection agency, provided that these do not exceed the maximum rates of the fees due to collection agencies. If we manage the reminder process ourselves, the debtor agrees to pay an amount of EUR 12.- per reminder, as well as an amount of EUR 5.- for the maintenance of the debt relationship in the reminder process per half year.

Delay in acceptance
"In the event of acceptance delay by customers who have ordered as entrepreneurs, we are entitled to store the goods with us, for which we will charge a storage fee of EUR 0.1 per commenced calendar day. At the same time, we insist on contract fulfillment."

Retention of title
We retain ownership of the delivered service or goods, as well as of the media processed or created by us, until all payments from the business relationship with the customer have been received. If the customer sells goods subject to retention of title, they must also pass on the retention of title. The customer must immediately notify us of any third-party access to our goods subject to retention of title. Pledges, security transfers, and similar actions regarding the goods subject to retention of title are only permitted with our prior consent. If payment is not made immediately after a reminder in the event of default, our goods subject to retention of title must be returned immediately. The costs of retrieval shall be borne by the customer.

Warranty, Liability, Guarantee
The warranty is governed by the statutory provisions. It is limited to the statutory period of 24 months from the acceptance of the goods by the buyer or, in the case of services, upon completion of the service. In the case of justified complaints about defects, either free replacement or improvement will be provided, for which a reasonable period must be allowed. If a replacement or improvement is not feasible (not possible, too much effort, unreasonable, delay, etc.), the buyer is entitled to a reduction in price or, if the defect is not minor, to cancellation of the contract (rescission). Defects that occur should be reported as soon as possible upon delivery or after becoming visible, whereby a failure to report upon delivery or after becoming visible by a consumer does not affect their warranty claims. If the purchase is a commercial transaction for the customer (B2B), they must inspect the goods no later than 2 weeks after receipt and notify us immediately upon discovering a defect. Our company is only liable for damages in cases of intent and gross negligence.
This does not apply to personal injury or in the case of consumer transactions. The existence of slight or gross negligence must be proven by the injured party, unless it is a consumer transaction. Compensation for (defect) consequential damages, as well as other property damages, financial losses, and damages to third parties against the customer, unless it is a consumer transaction, is excluded. The warranty must be claimed from the warranty provider and is subject to their terms. Please refer to the contract confirmation for any warranty conditions. The exercise of the warranty does not limit the statutory warranty. In the case of shipping goods in consumer transactions, the risk of loss or damage to the goods passes to the consumer only when the goods are delivered to the consumer or to a third party designated by the consumer, who is different from the carrier. However, if the consumer has entered into the transport contract themselves, without utilizing a selection option proposed by us, the risk passes to the consumer upon handing over the goods to the carrier.

Applicable law, jurisdiction
The contracting parties agree to the application of Austrian law. If the consumer has his residence or habitual abode in the country or is employed in the country, jurisdiction for a lawsuit against him can only be established in the court district where the residence, habitual abode, or place of employment is located; this does not apply to legal disputes that have already arisen. The UN Sales Law and all provisions relating to the UN Sales Law are expressly excluded. For contracts with companies, our registered office is agreed as the place of jurisdiction.

Place of performance for commercial transactions
The place of performance for all services under the contract is our company's registered office.

Copyright
All news, graphics, and the design of our website are intended solely for the personal information of our customers and are protected by copyright.

arbitration board
We commit to participating in the mediation procedure of the Internet Ombudsman in case of disputes: www.ombudsmann.at Further information on the types of procedures can be found at www.ombudsmann.at. The OS platform can also be used for the resolution of disputes with our company: https://ec.europa.eu/consumers/odr, and our email address: info@eht-shop.com.

Delivery
The delivery is made by POST, RAIL CARGO, GLS. If not all ordered items are immediately available, the immediately available items will be shipped right away, and the others will be delivered as soon as they are available. However, the shipping costs will only be charged once per order, even in the case of partial delivery.
"For the delivery of orders, we work with external shipping service providers (e.g. GLS). These shipping service providers receive the following data from us to execute the respective order:"

• your name
• Your delivery address
• if applicable, your email address (if the shipping service provider wants to inform you by email about the expected delivery date. E.g. GLS-Flex Delivery Service).
  

Shipping
'Please refer to the menu item "Shipping Costs" for the shipping fees.'

Storage of the contract
The contract text will be stored with us and can be requested by you after the completion of the ordering process. You can print the order data immediately after sending it. For this, you can use either the subsequent page "Your Order" or the email "Confirmation of Receipt."

The contract data is stored for billing purposes and is accessible to the customer at any time via login.

Miscellaneous
Claims for recourse in the sense of the Product Liability Act are excluded, unless the party entitled to recourse proves that the defect was caused in our sphere and was at least grossly negligent. The contracting party waives the possibility of set-off. However, this does not apply to consumers.

Severability clause
Should individual provisions of these general terms and conditions be ineffective or void, the effect of the remaining provisions shall remain unaffected. In this case, the ineffective or void provision shall be replaced by provisions that come closest in intent and economic content to the ineffective provision.

Additional obligation for online sales
According to the so-called ODR Regulation (EU Regulation No. 524/2013 on Online Dispute Resolution for Consumer Disputes), entrepreneurs who enter into online purchase contracts or online service contracts (regardless of whether the contract is concluded via traditional web shops, email, or other online sales channels) must include a link to the so-called "Online Dispute Resolution Platform" (ODR platform) on their websites in addition to the above information obligations: http://ec.europa.eu/odr (Art 14 ODR-Regulation).

5. Data Protection/Consent
Regarding data usage: Participant's declaration: I agree that my self-reported personal data (name, any user names, salutation, title, address, phone numbers, email addresses, gender, date of birth, job or industry designation, photos) and any personal movement data that arises during the business relationship (through orders, subscriptions, contracts (including their content), payments, inquiries, information obtained on the company's digital platforms, etc.) may be processed by ELIAS Heiztechnik GmbH, Unterbruckendorf 14, 9314 Launsdorf, Austria, for the purpose of contacting me by post, email, push notifications, fax, telephone, or SMS to send information about its own goods and services, as well as special and promotional offers related to these (e.g. (test) offers, products, invitations to events, competitions, surveys, orders via the digital platforms, newsletters, etc.) also in the form of mass mailings. I can revoke this consent at any time, even separately, in writing by letter to ELIAS Heiztechnik GmbH, Unterbruckendorf 14, 9314 Launsdorf, Austria or by email to info@eht-shop.com.

6. To the extent permitted by law, the place of jurisdiction is Klagenfurt; Austrian law applies, excluding conflict of law provisions.

Launsdorf, 01/20/2018