Terms of Service

§ 1 Area of Coverage

The transaction and delivery will be effected exclusively on the following terms of use in the version that is valid at the time of the order. Terms of use from the customer, which are contrary to or differ from the following terms of use do not apply. The following terms of use are also exclusively valid if we unconditionally carry out the delivery and service despite being aware of conditions from the customer that are contrary to or differ from the following terms of use.

§ 2 Contracting Party, Language, Applicable Law

The contracting party is Boltenstern GmbH, Schliessmanngasse 17, 1130 Vienna, Austria. The contract language is German. Austrian law is applicable, excluding UN Convention on Contracts for the International Sale of Goods.

§ 3 Conclusion of Contract

Your order represents an offer for closing a purchase contract with us. When you place an order on shop.boltenstern.com we will send you an e-mail confirming the receipt of your order (order confirmation). This order confirmation does not represent an acceptance of your offer, but should merely inform you that your order has reached us. A purchase contract is only in effect when we have sent you the ordered product and confirm the shipment in a second e-mail (shipment confirmation). There is no purchase contract for products from one and the same order, which are not listed in the shipment confirmation.

§ 4 Agreement on Costs of Returns, Right of Withdrawal and Exemption

Agreement on Cost-Bearing Obligations: If you make use of your right of withdrawal, you must bear the regular costs of the reshipment.

Cancellation Policy:

Right of Withdrawal:

You can revoke your declaration of agreement within 14 days, without indication of reasons, in writing (e.g. letter, e-mail) or by reshipping the item. 

Cancellation Consequences:

In the event of a valid revocation of this agreement each party shall return to the respective other party the services or products received and, if applicable, utilized usages (e.g. interest) shall be returned. Should you be entirely or partly unable to return to us the services or products received, or only able to return them in a deteriorated state, you are liable to pay according compensation.  This does not apply with respect to goods being handed over in the event that such deterioration is exclusively due to your inspecting the items as you would have been able to do in a retail shop. You may also avoid an obligation for compensation payments if you do not take possession of the item as if you were the owner and if you refrain from doing anything that might adversely affect the value of the item.

Transaction:

We ask you to return the product preferably in its original packaging or at least in appropriate transport packaging to the following address:

Boltenstern GmbH

Schliessmanngasse 17

1130 Wien

Exemptions to the Right of Withdrawal:

The right to withdrawal for distance contracts does not apply to the shipment of goods that have been custom-made or are clearly tailored to the customer’s personal needs or which, by reason of their quality, are not suited for reshipment.

§ 5 Delivery

Unless agreed upon differently, the delivery is carried out from Boltenstern GmbH to the address provided by the customer. On our website, you will find information on the stock availability of individual products. It should be noted that all information on availability, shipment and delivery of a product is merely estimated information and an approximate value. It does not represent binding or guaranteed shipment or delivery dates, except if the delivery options of a particular product explicitly specify a binding date. In the event that during the processing of your order shop.boltenstern.com determines that products you have ordered are not available, you will be separately informed per e-mail. In the event that shop.boltenstern.com, through no fault of its own, is unable to deliver the ordered goods, because shop.boltenstern.com’s distributor does not fulfill their contractual obligations,shop.boltenstern.com is entitled to rescind the contract with the customer. In this case, the customer will immediately be informed that the ordered product is not available. The legal entitlements of the customer remain intact. In the event that a delivery to the customer is not possible because the customer cannot be reached at the address provided, the customer carries the costs for the unsuccessful delivery.

§ 6 Due Date and Payment, Delay

The customer can pay the purchase price with cash on delivery or a credit card. The payment is to be made in the currency that appears on the invoice. If you would like to pay with a credit card, you have to specify the required details on the order form. shop.boltenstern.com will not commence arranging or delivering the ordered products before your credit card company has cleared your credit card for the payment of the ordered products. 

The invoice and the ordered products will be sent to the address provided in the order confirmation.

§ 7 Price

All prices include the applicable value added tax. Shipping costs are quoted separately.

§ 8 Reservation of Proprietary Rights

Until payment has been completed, the delivered goods remain property of Boltenstern GmbH.

§ 9 Liability for defects

In the event of a defect product, statutory provisions apply. The assignment of the customer’s claims is ruled out. If the subsequent performance takes place during the compensation delivery, the customer is obligated to return the initially delivered goods within 10 days.

The reshipment of the defect goods must take place according to statutory provisions. shop.boltenstern.com reserves the right to assert compensation for damages according to the conditions regulated by law. The statutory period of limitations is two years, counted from the date of delivery.

Moreover, shop.boltenstern.com is liable for the negligent breach of essential aspects, the breach of which endangers attaining the purpose of the contract, or for the breach of obligations whose implementation allows for the proper execution of the contract and the adherence to which you depend on. In this case, shop.boltenstern.com is only liable for damages that are foreseeable and typical for this type of contract.

shop.boltenstern.com is not liable for the negligent breach of obligations that are not mentioned in the preceding paragraphs. The above-mentioned limitations of liability are not applicable for damage to life, body or health, for defects arising after the acceptance of a guarantee for the quality of the product and for willfully concealed defects. The liability according to the product liability law remains unaffected.

To the extent that shop.boltenstern.com’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and auxiliary persons.

 

§10 Processing and Use of Our Customer’s Personal Information

We save, process and use the personal data you provide on the order form, in order to execute the order. We give some of this information to the contracted shipping companies for the execution of the order. On written request, you will receive, free of charge, a list of the data we have saved regarding your person. We will adjust any incorrectly saved data upon your written request. As far as you comply with a utilization of your personal data that is not already legal, you can revoke this compliance at any given time.

§ 11 Force Majeure

In the event that we are prevented from fulfilling our obligations due to a force majeure or other circumstances beyond our control, we assume no liability. If cases of force majeure or other circumstances beyond our control lead to a delay, we will fulfil our obligations as soon as it reasonably possibly under the circumstance.