Terms of Use / General Terms and Conditions
I. Scope
These general terms and conditions in the version valid at the time of your order apply to all purchase contracts concluded between Stromayer Elektro Service GmbH, FN 436576z of the Commercial Court of Vienna, Strohmayergasse 8, 1060 Vienna as the seller and you as the purchaser via the web shop at https://www.venta-air.com/en_at/.
The purchaser can contact the seller quickly and without any special effort as follows:
Stromayer Elektro Service GmbH
Strohmayergasse 8
1060 Vienna
Telephone: +43 1 596 17 06
Email: [email protected]
The seller's webshop is only aimed at natural persons with full legal capacity who are at least 18 years old and have a residence in Austria and at legal entities with a registered office in Austria.
All deliveries and services of the seller are carried out exclusively on the basis of these terms and conditions. Any terms and conditions of the customer do not apply.
The seller reserves the right to change and supplement the information contained in the webshop at any time.
II. Offer, conclusion of contract
An order in the seller's webshop represents an offer to the seller to conclude a purchase contract. The seller confirms receipt of the order by means of (order confirmation). This order confirmation does not constitute acceptance of the offer; the purchase contract is only concluded when the ordered goods are sent to the customer.
The seller will send the ordered goods without unnecessary delay, but at the latest in time so that they are sent to the customer within 30 days of the order. If shipping is not possible within this period, the seller will notify the customer by email of the expected delivery date and ask the customer to state whether he wishes to stick to his offer in view of the expected delivery date.
If the ordered goods are not sent to the customer within 30 days of the order - for whatever reason - and the customer does not change his offer, the customer is no longer bound by his offer. The seller will immediately refund any payments already made to the customer, using, if possible, the same means of payment that the customer used to process the payment.
III. Price
All prices include statutory sales tax and plus shipping costs. The shipping costs are shown separately for each order during the ordering process.
IV. Method of payment, retention of title, prohibition of offsetting
Payment for the ordered goods is made cash on delivery or by bank transfer. The due date of the invoice is stated on the invoice sent with the order. Payments by the customer are only deemed to have been made when they are received in the seller's business account. When placing the order, the customer can state that he wants to collect the ordered goods from the seller's headquarters.
When paying "cash on delivery", the amount is paid by the customer upon delivery, so the due date on the invoice is shown as "prompt".
The seller remains the owner of the ordered goods until they have been paid in full.
The customer is entitled to set off if his claim is undisputed or legally established, or is related to a liability of the customer.
V. Delivery
The delivery of the ordered goods is at the customer's expense. The risk of loss or damage to the ordered goods passes to the customer as soon as they are handed over to him or to a third party designated by him.
The delivery is made to the address specified by the customer, unless something else has been expressly agreed.
VI. Right of withdrawal
The customer, who is a consumer within the meaning of the Austrian Consumer Protection Act, can withdraw from a contractual declaration made by him, in particular his order, as well as from a purchase contract concluded with the seller within 14 days of any reason (revocation). The withdrawal period is 14 days from the submission of the contractual declaration (sending an order) or 14 days from the day on which the customer or a third party designated by him, who is not the carrier, took possession of the ordered goods. If several goods were ordered as part of a single order but delivered separately, the cancellation period begins when the last goods are taken into possession.
If the attempted delivery by a carrier to the customer fails and the goods are deposited at a location intended for collection, the period begins on the day on which the customer first has the opportunity to collect the deposited goods.
In order to exercise his right of cancellation, the customer must inform the seller by means of a clear declaration - preferably in writing - of his decision to cancel his contract or the concluded purchase contract. The customer can use the following cancellation form for this purpose, but he is not obliged to do so.
In order to meet the deadline, it is sufficient if the customer sends the declaration of exercising his right of cancellation before the expiry of the cancellation period. The cancellation notice must be sent:
By post:
Stromayer Elektro Service GmbH
Strohmayergasse 8
1060 Vienna
By email:
Email: [email protected]
If the customer exercises his right of cancellation, he is obliged to return the goods delivered to him to the seller immediately:
By post:
Stromayer Elektro Service GmbH
Strohmayergasse 8
1060 Vienna
The customer bears the direct costs of the return shipment.
If the customer exercises his right of cancellation in good time, the seller will refund any payments received from him, with the exception of the actual shipping costs, immediately after receipt of the cancellation notice or after receipt of the returned goods. The seller is entitled to withhold repayment until the returned goods are received by the seller or the customer has provided proof that he has returned the goods, whichever is earlier.
For the repayment, the seller will, if possible, use the same means of payment that the customer used for the canceled order, unless something else was expressly agreed with the customer. Any costs incurred by the seller in connection with the return will be deducted from the repayment of the purchase price.
In the case of damaged goods or goods impaired by signs of use, the customer is obliged to pay appropriate compensation for the loss in value if the loss in value is due to handling of the goods that exceeds the extent absolutely necessary to check the quality, properties and functioning of the goods.
VII. Data protection
The seller will collect, process and save the data that arises when ordering exclusively in connection with processing the order and use it for the seller's marketing purposes. The data will not be passed on to third parties or used beyond the stated purposes.
The customer can object to the use of his data for the seller's marketing purposes at any time without giving a reason by post or email.
VIII. Guarantee and warranty
A guarantee is a voluntary promise by the manufacturer that an item will function properly for a certain period of time. The guarantee is usually tied to certain conditions and can be restricted to certain parts. You can find out whether and under what conditions the manufacturer provides a manufacturer's guarantee for the goods ordered from the product's packaging leaflet or from the manufacturer directly. If you wish to make use of a manufacturer's guarantee for goods purchased from the seller, the seller will take care of communication with the manufacturer and transport to the specialist workshop.
A guarantee is a voluntary promise by the manufacturer that an item will function properly for a certain period of time. The guarantee is usually tied to certain conditions and can be restricted to certain parts. You can find out whether and under what conditions the manufacturer provides a manufacturer's guarantee for the goods ordered from the product's packaging leaflet or by contacting the manufacturer directly. If you wish to make use of a manufacturer's guarantee for goods purchased from the seller, the seller will take care of communication with the manufacturer and transport to the specialist workshop.
IX. Damages
The purchaser's claims for damages are excluded in the event of slight negligence on the part of the seller. This does not apply to personal injuries or damage to items taken in for processing. The seller is not liable for consequential damages or lost profits.
The limitation period for claims for damages is three years from knowledge of the damage and the person responsible.
X. Choice of law, place of jurisdiction
Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
If the purchaser is an entrepreneur and acts in this capacity, the exclusive place of jurisdiction is the court with jurisdiction at the seller's registered office.
XI. Final provisions
Any additional agreements, additions and changes to these terms and conditions as well as the related orders and purchase contracts must be made in writing. This also applies to the requirement for written form. Should individual provisions of these terms and conditions be or become invalid in whole or in part, the validity of the remaining provisions will not be affected.
As of: September 1, 2024
Stromayer Elektro Service GmbH
Strohmayergasse 8
1060 Vienna