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AGB
General terms and conditions
Markus Weissenböck
Auction house
Valid from 01.12.2022
Inh. Markus Weissenböck
Wolf-Dietrich-Strasse 6a
5020 Salzburg, Austria
Phone: +43 662 88 25 31
Fax: +43 662 88 25 51
Web: www.wiener-werkstaette-postkarten.com
E-mail: office@wiener-werkstaette-postkarten.com
Here you will find everything you need to know about your rights and the legal framework that governs the transaction of a purchase over the Internet. Somewhat extensive, but is also unavoidable for your protection.
1. imprint
Our company named in the imprint operates the virtual store “www.wiener-werkstaette-postkarten.com”.
Company name: Markus Weissenböck, auction house
Address: Wolf-Dietrich-Strasse 6a
5020 Salzburg, Austria
Phone: +43 662 88 25 31
Fax: +43 662 88 25 51
Web: www.wiener-werkstaette-postkarten.com
E-mail: office@wiener-werkstaette-postkarten.com
Customer service: You can reach us during our opening hours
Info, data information and complaints at: office@wiener-werkstaette-postkarten.com
Management: Markus Weissenböck
Management address: “see above address”.
Legal regulations: Trade regulations (www.ris.bka.at)
Trade description: antique trade, art objects, pictures, stamps
Regulatory authority: Magistrate Salzburg
Trade in antiques, paintings, art objects, trade in stamps and philatelic commodities.
UID: ATU 34545702
Status: 01.12.2022
2. general
The General Terms and Conditions apply to the sale and delivery of goods and the provision of services by our company. Our company delivers the goods and provides the services only within the countries listed in the store. By clicking the checkbox in the shopping cart before submitting the order “I have read and accepted the GTC.” the buyer agrees to these terms and conditions and is bound by them. Our range of offers is not binding. The order of the customer with full legal capacity (persons over the age of 18) constitutes an offer to conclude a purchase contract. The subsequent confirmation of receipt of the order sent by us within the meaning of § 10 para 2 ECG does not in itself constitute acceptance of the offer. The purchase contract is only concluded as soon as we deliver the ordered goods, by sending a second e-mail as order confirmation or by other acceptance of the customer’s offer. All offers on our website are subject to change, non-binding and only available while stocks last.
3. order process, order correction, order cancellation
Once you have selected the desired product, you can add it to the shopping cart without obligation by clicking the button [In den Warenkorb]. You can view the contents of the shopping cart at any time without obligation by clicking on the button [Zum Warenkorb]. You can remove the products from the shopping cart at any time by clicking the button [Löschen]. If you want to buy the products in the shopping cart, click the button [Zur Kasse]. Then please enter your data. Registration as a “New User” is required for first-time orders. For further orders it is sufficient to enter the login and password set by the user during the initial registration. Your data will be transmitted encrypted. After entering your data and selecting the type of payment and delivery, the button [Bestellung bestätigen] will take you to the order page, where you can check your entries again. By clicking the button [“Order subject to costs”] you complete the ordering process. By pressing the “back arrow” of the browser you can correct the entries. The order process can be cancelled at any time by closing the browser. Immediately after your registration you will receive your access data as an e-mail. We save the text of the contract and send you the order confirmation by e-mail. You can view and change your orders and personal data at any time by logging in. You can find a detailed description regarding ordering in our store: FAQ
4. contract language
The content of the contract, all other information, customer service, data information and complaint resolution are offered in German.
5. prices
The prices are valid at the time of the order including statutory VAT plus all expenses incurred with the shipment. They are visible in the shopping cart before the conclusion of the contract and afterwards in a contract confirmation sent to the customer. Should export or import duties become due in the course of shipment, these shall also be borne by the purchaser (information on this can be obtained from your responsible customs office).
6. revocation
Consumer acc. KSchG have the right to revoke this contract within fourteen days without giving any reason. The withdrawal period is:
1. in the case of a purchase contract, fourteen days from the day on which you or a third party named by you, who is not the carrier, has/have taken possession of the goods.
2. 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, fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.
3. in the case of a contract for the delivery of goods in several partial shipments or pieces, fourteen 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 partial shipment or piece.
4. in the case of a contract for the regular delivery of goods over a fixed period of time, fourteen days from the day on which you or a third party named by you, who is not the carrier, took or has taken possession of the first goods.
To exercise your right of withdrawal, you must send us
Markus Weissenböck, auction house
Wolf-Dietrich-Strasse 6a
5020 Salzburg, Austria
Fax: +43 662 88 25 51
by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the enclosed sample revocation form for this purpose, but it is not mandatory.
Consequences of the revocation
If you revoke this contract, we shall reimburse you 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 type of delivery other than the most favorable standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the 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. In the case of sales contracts in which we have not offered to collect the goods ourselves in the event of cancellation, we may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
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 within fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days. We bear the direct costs of returning the goods. If the customer is an entrepreneur, a revocation is completely excluded.
7. return
Notes for the smoothest possible handling of the return (1) Please send the item back to us, if possible, completely in the original packaging.
(2) Please use the return label for your returns and have the return posting confirmed for your records at the post office. The use of the return label is not a “must”, i.e. not a prerequisite for the assertion of your right, but it simplifies and secures the processing for us.
(3) If you wish to return only one item from the shipment, but have ordered additional items that you now wish to pay for via invoice, simply deduct the item you returned from the invoice amount.
The consumer has no right to withdraw from contracts concerning
1. goods that are made to customer specifications or clearly tailored to personal needs,
2. goods that can spoil quickly or whose expiration date would be quickly exceeded,
3. 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,
4. goods that have been inseparably mixed with other goods after delivery due to their nature,
5. alcoholic beverages, the price of which 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 the current value of which depends on fluctuations in the market over which the Entrepreneur has no control,
6. urgent repair or maintenance work, where the consumer has expressly requested the entrepreneur to visit to perform this work. If, during such a visit, the Entrepreneur provides additional services that the Consumer has not expressly requested or supplies goods that are not necessarily needed as spare parts during maintenance or repair, the Consumer shall have the right of withdrawal with respect to such additional services or goods.
Finally, the consumer does not have the right to withdraw from contracts concluded at a public auction.
8. payment
We accept the following payment methods (select payment methods!)
- Cash payment
- EU Standard Bank Transfer
- In the case of payment by bank transfer, the customer must make the payment within one week from receipt of the order confirmation. Delivery will be made only after receipt of payment.
- Paypal
9. default of payment
In the event of default in payment by the customer, we shall be entitled to claim the default interest regulated by law. The statutory interest on arrears between consumers and entrepreneurs is 4 percentage points.
10. dunning and collection charges
In the event of default, the contracting party undertakes, even in the event of default in payment through no fault of its own, to reimburse us for the dunning and collection expenses to which we are entitled, insofar as they are necessary for appropriate legal action and are reasonable in relation to the claim, whereby the contracting party undertakes in particular to reimburse us for 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 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 records of the debt relationship in the dunning process.
11. default of acceptance
For default of acceptance for customers who have ordered as entrepreneurs, we are entitled to store the goods with us, for which we charge a storage fee of EUR 0.1 per calendar day or part thereof. At the same time, we insist on contract performance.
12. retention of title
We retain title to the delivered service or goods or to the media processed or created by us until receipt of all payments arising from the business relationship with the customer. If the customer resells goods subject to retention of title, he shall 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 in the event of default, our goods subject to retention of title shall be surrendered without delay. The return costs shall be borne by the customer.
13. data protection
The protection of your personal data is of particular concern to us. We therefore process your data exclusively on the basis of the legal provisions (DSGVO, TKG 2003). This privacy policy serves to inform you about the nature, scope and purposes of the collection and processing of your data. We, Markus Weissenböck Autkionshaus, are the responsible party in the data protection sense for data processing. If you have any questions about the collection, processing or use of your personal data, please contact us in writing:
Markus Weissenböck, Auction House Wolf-Dietrich-Strasse 6a 5020 Salzburg, Austria Tel.: +43 662 88 25 31 Fax: +43 662 88 25 51 E-mail: office@wiener-werkstaette-postkarten.com
14. order
As part of your order, we process the data you provide: First name, last name, e-mail address, street, zip code, city, phone number, age, username and password. The data you disclose will be processed exclusively for the purpose of processing your order and fulfilling the contract existing between you and us. The data processing takes place on the legal basis of Art 6 para 1 lit b DS-GVO. After complete processing of the contract and complete payment of the purchase price, your data will be archived and deleted after expiry of the retention periods under tax and commercial law or the periods under the Product Liability Act, unless you have consented to the further use of your data. In the event of cancellation of the purchase process without conclusion of a contract, the data stored by us will be deleted. Your personal data will only be passed on to third parties or otherwise disclosed if this is necessary for the purpose of contract processing or billing or if you have consented to this beforehand. In the context of order processing, for example, the service providers we use here (e.g. shipping companies, logistics providers, payment service providers) receive the necessary data for order and order processing. However, in the event of a legal requirement, an official order or an official investigation, we are legally obliged to make the respective data available to the authority.
15. visit of the website / use of cookies
When you visit our website, we collect personal data to the extent technically necessary (name of the file accessed, date and time of access, volume of data transferred, notification of successful access, browser type and version, the user’s operating system, referrer URL and the requesting provider). This data cannot be assigned by us to specific persons and is also not merged with data from other data sources. We would like to point out that cookies are used when visiting our website. Cookies are small files or other types of information storage that are transmitted from our web server or third-party web servers to users’ web browsers, where they are stored for later retrieval. The cookies used when visiting our website only serve the purpose of simplifying the shopping process (e.g. by storing the items placed in a shopping cart) and enabling the use of certain functions of our web store. The cookies we use are deleted from your hard drive after you close the browser (session cookies). This data is collected on the basis of § 96 (3) TKG.
16. data security
Your contract data is encrypted and transmitted via the Internet using SSL (see also: FAQ). We secure our website and other systems by technical and organizational measures against loss, destruction, access, modification or distribution of your data by unauthorized persons. Rights as a data subject You have the right to information about your personal data, as well as the right to rectification or deletion or restriction of processing. Likewise, they may object to the processing and have the right to have their personal data transferred in a structured, machine-readable form. For all the aforementioned rights, please contact the contact details of the person responsible. Right of complaint You also have the right to file a complaint with a supervisory authority. For Austria, this is the Austrian Data Protection Authority, Barichgasse 40-42 1030 Vienna Phone: +43 1 52 152-0, e-mail: dsb@dsb.gv.at, Web: https://www.dsb.gv.at/.
17 Warranty, liability, guarantee
The warranty is governed by the statutory provisions. It is limited to the statutory period of 24 months from the date of acceptance of the goods by the buyer or, in the case of services, with the completion of the service. In the case of justifiably objected defects, either free replacement or improvement shall be carried out, for which a reasonable period of time shall be granted. If replacement or improvement is not possible (not possible, too much effort, unreasonable, delay, etc.), then the buyer is entitled to a price reduction or, if the defect is not minor, cancellation of the contract (conversion). If possible, any defects that occur must be notified upon delivery or after they become visible, whereby a consumer’s failure to notify the supplier upon delivery or after they become visible shall not affect the consumer’s warranty claims. If the purchase is a commercial transaction (B2B) for the customer, he must inspect the goods no later than 2 weeks after receipt and notify us immediately if a defect is found. Our company is only liable for damages in case of 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) damages, as well as other property damages, financial losses and damages of third parties against the customer, unless it is a consumer transaction, is excluded. The guarantee must be claimed from the guarantor (from the manufacturer/sometimes from the seller, if the latter is the manufacturer) and is carried out according to its provisions. Please refer to the contract confirmation for any warranty conditions. The use of the warranty does not limit the legal warranty. In the case of shipment of goods in consumer transactions, the risk of loss or damage to the goods shall pass to the consumer only as soon as the goods are delivered to the consumer or to a third party designated by the consumer and different from the carrier. If, however, the consumer has concluded the contract of carriage himself without making use of a selection option suggested by us, the risk shall pass to the carrier as soon as the goods are handed over.
18 Applicable law, place of jurisdiction
The contracting parties agree on the application of Austrian law. If the consumer has his domicile or habitual residence in the country or if he is employed in the country, only the jurisdiction of the court in whose district the domicile, habitual residence or place of employment is located can be established for an action against him; this does not apply to legal disputes that have already arisen. The UN Convention on Contracts for the International Sale of Goods and all provisions relating to the UN Convention on Contracts for the International Sale of Goods are expressly excluded. For contracts with companies, our registered office is agreed as the place of jurisdiction.
19 Place of performance for entrepreneurial transactions
The place of performance for all services arising from the contract is our registered office. 20 Copyright All news, graphics and the design of our website are exclusively for the personal information of our customers and are protected by copyright.
21. arbitration board
We undertake to participate in the arbitration procedure of the Internet Ombudsman in the event of disputes: www.ombudsmann.at . For more information on the types of proceedings, please visit www.ombudsmann.at. For the settlement of disputes with our company, the OS platform can also be used: https://ec.europa.eu/consumers
22. delivery
Delivery is made by mail, DPD If not all ordered items are immediately available, the immediately available ones will be delivered immediately and others as soon as they are available. However, the delivery costs are charged only once per order, even in the case of partial delivery.
23. shipping costs
Please refer to this list for shipping costs.
24. storage of the contract
The contract text is stored by us and can be requested by you after completion of the ordering process. You can print the order data immediately after submitting. To do this, you can either use the subsequent page “Your order” or the mail “Confirmation of receipt”.
25. miscellaneous
Recourse claims within the meaning of the Product Liability Act are excluded unless the person 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.