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 over-the-counter trade, even if these deliveries or services are provided without using or expressly referring to these General Terms and Conditions. The customer recognises these General Terms and Conditions when ordering (or at the latest when accepting) the goods or services. Our company delivers the goods and provides the services throughout the EU.

Amendments or ancillary agreements may only be made by authorised representatives of Elias Heiztechnik GmbH and shall only apply to the individual business transaction. These amendments or ancillary agreements must be made in writing. Verbal amendments or ancillary agreements shall not be effective. The other employees of Elias Heiztechnik GmbH are not authorised to agree amendments or ancillary agreements to these General Terms and Conditions. Deviating contractual terms and conditions of the customer are expressly rejected. They shall not be binding on Elias Heiztechnik GmbH even if Elias Heiztechnik GmbH does not object to them again after receipt by the customer. Elias Heiztechnik GmbH only offers distance selling services and deliveries to customers with full legal capacity and domicile or residence in Austria and the EU. If a product cannot be delivered within four weeks for reasons for which Elias Heiztechnik GmbH is not responsible, 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 offered in German throughout. The place of fulfilment for all transactions is the company location.
By clicking on the checkbox in the shopping basket before placing the order “I have read and accepted the General 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 place it in the shopping basket without obligation by clicking the [Add to basket] button. You can view the contents of the shopping basket at any time without obligation by clicking on the [Add to basket] button. You can remove the products from the shopping basket at any time by clicking the [Delete] button. If you wish to purchase the products in your shopping basket, click the [Checkout] button. Please then enter your details. When ordering for the first time, registration as a “new user” is required. For subsequent orders, it is sufficient to enter the login and password specified by the user during initial registration. Your data will be transmitted in encrypted form. After entering your data and selecting the type of payment and delivery, you will be taken to the order page via the [Confirm order] button, where you can check your entries again. By clicking on the button [“order with obligation to pay”] you complete the order process. You can correct your entries by clicking on the browser’s “back arrow”. The order process can be cancelled at any time by closing the browser.
Immediately after your registration you will receive your access data by e-mail. We save the text of the contract and send you the order confirmation by e-mail. For security reasons, your order details are no longer accessible via the Internet. The prices are valid at the time of the order including VAT plus all shipping costs. The prices quoted are current prices and the sales price quoted on the day of order is valid. Unless otherwise stated, all prices are cash prices including shipping and statutory VAT. Cash on delivery charges are not included in the prices. In the event of obvious errors, Elias Heiztechnik GmbH reserves the right to charge the correct price. Payment shall be made in accordance with the payment method selected when the order is placed or on site. All orders must be paid within seven days of the request for payment. We ask you to pay for your orders within the specified period. All unpaid orders will be cancelled and all items contained therein can no longer be ordered in our shop.
Please note that if payment is not made 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 text of the contract will be stored by us and can be requested by you after completion of the order process. You can print out the order data immediately after submitting your order. To do this, you can either use the subsequent “Your order” page or the “Confirmation of receipt” e-mail. You can find a detailed description of the ordering process in our shop at: https:// www.eht.com/faq.

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

Prices
The prices are valid at the time of the order including statutory VAT plus all expenses incurred in connection with the dispatch. They are shown in the shopping basket before the contract is concluded and then in a contract confirmation sent to the customer. Should export or import duties become due in the course of despatch, these shall also be borne by the customer (information on this can be obtained from your local customs office).

Right of cancellation
Consumers have the right to cancel this contract within fourteen days without giving any reason.

The cancellation 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 that is not supplied on a tangible medium, 14 days from the date of conclusion of the contract.
2. in the case of a sales contract, 14 days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
3. in the case of a contract for several goods which 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 named by you, who is not the carrier, have taken possession of the last goods.
4. in the case of a contract for the delivery of goods in several partial consignments or pieces, 14 days from the day on which you or a third party named by you, who is not the carrier, took possession of the last partial consignment or the last piece.
5. in the case of a contract for the regular delivery of goods over a fixed period of time, 14 days from the day on which you or a third party named by you, who is not the carrier, took possession of the first goods.

To exercise your right of cancellation, you must contact us at Elias Heiztechnik GmbH, Unterbruckendorf 14, 9314 Launsdorf, Austria,
Tel.: +43 6244 343 00 – 0, , by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract. You can use the attached cancellation form, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired. Consequences of cancellation If you cancel this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to cancel 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 any fees for this repayment. In the case of purchase contracts in which we have not offered to collect the goods ourselves in the event of cancellation, we may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, 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 event no later than fourteen days from the date on which you notify us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods.
In the case of goods that cannot be sent by parcel post, the cost of returning the goods is estimated at a maximum of around EUR 25. You will only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. If you have requested that the services should commence during the cancellation period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which you inform us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract. If the customer is an entrepreneur, cancellation is completely excluded. Cancellation form: HERE as PDF download – Cancellation form.pdf

Instructions for the smoothest possible processing of the return shipment
(1) If possible, please return the item to us in its original packaging. The buyer bears the return costs.
(2) If you only wish to return one item from the delivery, but have ordered other items that you would now like to pay for by invoice, simply deduct the item that you have returned from the invoice amount. If you pay by direct debit, the price of the returned item will automatically not be charged.

The consumer has no right of cancellation for contracts for
1. services if the trader – on the basis of an express request by the consumer in accordance with § 10 FAGG and a confirmation by the consumer of his knowledge of the loss of the right of cancellation in the event of complete fulfilment of the contract – had begun to perform the service before the expiry of the cancellation period in accordance with § 11 FAGG and the service was then provided in full,
2. goods or services whose price depends on fluctuations in the financial market over which the trader has no influence and which may occur within the cancellation period,
3. goods that are manufactured according to customer specifications or are clearly customised to personal requirements,
4. goods that can spoil quickly or whose expiry date would be quickly exceeded,
5. goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that the seal has been removed after delivery,
6. goods which, due to their nature, have been inseparably mixed with other goods after delivery,
7. alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which cannot be delivered earlier than 30 days after conclusion of the contract and whose current value depends on fluctuations in the market over which the trader has no 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, periodicals or magazines with the exception of subscription contracts for the delivery of such publications,
10. services in the areas of accommodation other than for residential purposes, the transport of goods, the hire of motor vehicles and the supply of food and drink and services provided in connection with leisure activities, provided that a specific date or period is contractually stipulated for the fulfilment of the contract by the trader,
11. the delivery of digital content not stored on a physical data carrier if the trader – with the express consent of the consumer, in conjunction with the consumer’s knowledge of the loss of the right of withdrawal in the event of premature commencement of the fulfilment of the contract, and after providing a confirmation in accordance with Section 7 (3) FAGG – has commenced delivery before the expiry of the withdrawal period in accordance with Section 11 FAGG,
12. urgent repair or maintenance work where the consumer has expressly requested the trader to visit the premises to carry out this work. If, during such a visit, the trader provides additional services that the consumer has not expressly requested or supplies goods that are not necessarily required as spare parts for the maintenance or repair, the consumer shall be entitled to withdraw from the contract with regard to these additional services or goods. Finally, the consumer has no right of cancellation for contracts concluded at a public auction.

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

STRIPE credit card
(Eurocard/MasterCard, Visa, American Express…) Payment by credit card will be charged on the same day. When paying by credit card, the customer provides the following data: Cardholder, card number, credit card company, expiry date, CVV code. The data is transmitted using SSL encryption with a minimum 128-bit key and is therefore not accessible to unauthorised persons. Further information can be found here: https://eht-shop.com/datenschutz/

Bank transfer
If payment is made by bank transfer, the customer must make the payment within one week of receiving the order confirmation. Delivery will only be made after receipt of payment.

PayPal
If payment is made by PayPal, the amount will be debited on the same day.

Payment on site

Default of payment
If the customer defaults on payment, we are entitled to demand the statutory default interest. The statutory default interest between consumers and entrepreneurs is 4 percentage points.

Reminder and collection charges
In the event of default, the contractual partner undertakes, even in the case of default in payment through no fault of his own, to reimburse the dunning and collection expenses to which we are entitled, insofar as they are necessary for the appropriate legal prosecution and are reasonable in relation to the claim, whereby he undertakes in particular to reimburse the costs incurred by us in the event of the involvement of a collection agency, insofar as these do not exceed the maximum rates of the remuneration due to collection agencies. If we carry out the dunning process ourselves, the debtor undertakes to pay an amount of EUR 12 per reminder and an amount of EUR 5 per half-year for keeping the debt on record in the dunning process.

Default of acceptance
In the event of default of acceptance by customers who have ordered as entrepreneurs, we shall be entitled to store the goods at our premises, for which we shall charge a storage fee of EUR 0.1 per calendar day or part thereof. At the same time, we insist on fulfilment of the contract.

Retention of title
We reserve title to the delivered services or goods or to the media processed or created by us until all payments arising from the business relationship with the customer have been received. If the customer resells goods subject to retention of title, he must also pass on the retention of title. The customer must notify us immediately of any access by third parties to our goods subject to retention of title. Pledges, transfers by way of security and similar of the goods subject to retention of title are only permitted with our prior consent. If payment is not made immediately after a reminder, our goods subject to retention of title must be returned immediately. The return costs shall be borne by the customer.

Warranty, liability, guarantee
The warranty shall be governed by the statutory provisions. It is limited to the statutory period of 24 months from acceptance of the goods by the purchaser or, in the case of services, from completion of the service. In the event of justified complaints about defects, either a replacement or improvement shall be made free of charge, for which a reasonable period of time shall be granted. If replacement or improvement is out of the question (not possible, too much effort, unreasonable, delay, etc.), the buyer is entitled to a price reduction or, if the defect is not minor, cancellation of the contract (rescission). If possible, defects must be reported upon delivery or after they become visible, whereby failure to report them upon delivery or after they become visible has no influence on the consumer’s warranty claims. If the purchase is a commercial transaction for the customer (B2B), the customer must inspect the goods no later than 2 weeks after receipt and notify us immediately if a defect is found. Our company shall only be liable for damages caused by intent and gross negligence.
This does not apply to personal injury or consumer transactions. The existence of slight or gross negligence must be proven by the injured party, unless it is a consumer transaction. Compensation for consequential (defect) damage, as well as other material damage, financial loss and damage to third parties against the customer, unless it is a consumer transaction, is excluded. The guarantee must be claimed from the guarantor and is subject to the guarantor’s terms and conditions. Please refer to the contract confirmation for any guarantee conditions. The statutory warranty is not restricted by the utilisation of the guarantee. When the goods are dispatched in consumer transactions, the risk of loss or damage to the goods shall only pass to the consumer as soon as 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 concluded the contract of carriage himself without making use of an option proposed by us, the risk shall pass to the carrier as soon as the goods are handed over.

Applicable law, place of jurisdiction
The contracting parties agree that Austrian law shall apply. If the consumer is domiciled or habitually resident in Austria or is employed in Austria, only the court in whose district the domicile, habitual residence or place of employment is located shall have jurisdiction to hear a claim against the consumer; this shall not apply to legal disputes that have already arisen. The UN Sales Convention and all provisions relating to the UN Sales Convention are expressly excluded. For contracts with companies, our registered office is agreed as the place of jurisdiction.

Place of fulfilment for business transactions
The place of fulfilment for all services arising from the contract is our registered office.

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

Arbitration centre
We undertake to participate in the arbitration procedure of the Internet Ombudsman in the event of disputes: www.ombudsmann.at Further information on the types of procedure can be found at www.ombudsmann.at. The ODR platform can also be used to resolve disputes with our company: https://ec.europa.eu/consumers/odr, and our email address:

Delivery
Delivery is made by POST, RAIL CARGO, GLS. If not all items ordered are immediately available, those that are immediately available will be delivered immediately and others as soon as they are available. However, the delivery costs will only be charged once per order, even for partial deliveries.
We work together with external shipping service providers (e.g. GLS) to deliver orders. These shipping service providers receive the following data from us to fulfil the respective order:

– Your name
– Your delivery address
– if applicable, your e-mail address (if the shipping service provider informs you by e-mail about the
about the expected delivery date. E.g. GLS-Flex Delivery Service).

Shipping costs
Please refer to the menu item “Shipping costs” for the shipping costs

Storage of the contract
The text of the contract is stored by us and can be requested by you after completion of the order process. You can print out the order data immediately after submitting the order. To do this, you can either use the subsequent “Your order” page or the “Confirmation of receipt” e-mail.

The contract data is saved for invoicing purposes and can be viewed by the customer at any time by logging in.

Miscellaneous
Recourse claims within the meaning 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 due to gross negligence. The contractual partner waives the possibility of offsetting. However, this does not apply to consumers.

Severability clause
Should individual provisions of these General Terms and Conditions be invalid or void, this shall not affect the validity of the remaining provisions. In this case, the invalid or void provision shall be replaced by mutual agreement by such provisions that come closest to the invalid provision in terms of their intention and economic content.

Additional obligation for online sales
According to the so-called ODR Regulation (EU Regulation No. 524/2013 on online disputeresolution for consumer disputes), entrepreneurs who enter into online sales contracts or online service contracts (regardless of whether the contract is concluded via classic web shops or via e-mail or other online sales forms) must include a link to the so-called “online dispute resolution platform” (OS platform or online dispute resolution platform / ODR platform) on their websites in addition to the above information obligations: http://ec.europa.eu/odr (Art 14 ODR-V).

5. data protection/consent
On the use of data: Participant’s declaration: I agree that my personal data (name, any user names, salutation, title, address, telephone numbers, e-mail addresses, gender, date of birth, professional or industry designation, photos) and further personal transaction data collected during the business relationship (via orders, subscriptions, contracts (including their content), payments, demand interests, information obtained on the company’s digital platforms, etc.) may be processed by the company. I agree that ELIAS Heiztechnik GmbH, Unterbruckendorf 14, 9314 Launsdorf, Austria, may process the personal transaction data that continues to be collected during the business relationship (about orders, subscriptions, contracts (incl. content, payments, demand interests, information obtained on the company’s digital platforms, etc.) for the purpose of contacting me by post, e-mail, push messages, fax, telephone or SMS for the purpose of sending information about its own goods and services, as well as special and advertising campaigns for 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 these consents at any time, also separately, in writing by letter to ELIAS Heiztechnik GmbH, Unterbruckendorf 14, 9314 Launsdorf, Austria or by e-mail to .

6. to the extent permitted by law, the place of jurisdiction shall be Klagenfurt; Austrian law shall apply to the exclusion of conflict of law rules.

Launsdorf, 20.01.2018