General Terms
and Conditions

As of:
June 2024

1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of

KRUDOR.OG 

Grundsteingasse 60

1160 Vienna

e-mail: office@kruderdorfmeister.com

Phone: +43 676 4381013

apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the seller regarding the seller's goods and services in distance selling. The inclusion of the customer's own terms and conditions is hereby rejected.

A consumer is any natural person who enters into a transaction that is not part of the operation of their business. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity. Public limited companies, limited liability companies, cooperative societies, mutual insurance associations, savings banks, European Economic Interest Groupings (EEIGs), European Companies (SEs) and European Cooperative Societies (SCEs) are entrepreneurs by virtue of their legal form. 

The seller sells exclusively to persons who have reached the age of 18. By placing an order, the customer confirms that he or she has reached the age of 18.

2) Conclusion of contract

2.1 The product descriptions contained in the Seller's webshop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The customer can submit the offer using the order form integrated into the seller's webshop. After configuring the selected goods or services and completing the electronic ordering process, the customer submits a legally binding offer to enter into a contract with respect to the goods or services in the shopping cart by clicking the button that concludes the ordering process. After the order has been received, the customer will receive a separate, automated confirmation of receipt of the order(s). Such a confirmation does not constitute acceptance of the offer.

2.3 The seller can accept the customer's offer within three working days

by sending the customer a written order confirmation or an order confirmation in text form (e.g. e-mail), whereby the receipt of the order confirmation by the customer is decisive, or

by requesting the customer to pay after the order has been placed.

If both are present, the contract shall come into existence at the earlier point in time. The period for acceptance of the offer shall begin to run on the day after the offer is sent by the customer and shall end with the expiry of the third working day following the sending of the offer. If the seller does not accept the customer's offer within the above period, this shall be deemed to be a rejection of the offer, with the consequence that the customer is no longer bound by his declaration of intent.

2.4 When an offer is made using the seller's online order form, the text of the contract is stored by the seller after the contract is concluded and sent to the customer in text form (e.g. by e-mail) after the customer has sent his order. 

The text will not be made available again.  

2.5 The english language is available for the conclusion of the contract.

2.6 Order processing and contact are usually by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered when using SPAM filters.

3) Right of withdrawal

3.1 Consumers residing in the EU are generally entitled to withdraw from a distance contract. For further details, please refer to the withdrawal instructions.

A distance contract is a contract between the seller and a consumer that is concluded without the simultaneous physical presence of the seller and the consumer, whereby exclusively means of telecommunication (email, internet, telephone) are used up to and including the conclusion of the contract.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product and service description, the prices quoted are total prices that include the statutory VAT but not the shipping costs. The shipping costs incurred are calculated by entering the recipient's address in the order process.

The payment methods accepted by the seller are Visa, Mastercard, AMEX, Discover, Apple Pay, Afterpay, Klarna.

The transport service providers used by the seller are the Austrian POST, DPD, GO! Express & Logistics and Wein-Lagerlogistik GmbH.

5) Reservation of title/rights 

5.1 The seller reserves the right of ownership of the goods provided until the purchase price owed has been paid in full, regardless of whether the customer is a consumer or a business. 

6) Delivery and shipping conditions 

6.1 We deliver our products to the EU and Switzerland. 

6.2 Goods are delivered to the delivery address provided by the customer.

6.3 If the customer is acting as a business, the risk of loss or damage to the goods sold shall pass to the customer as soon as the seller has delivered the goods to the carrier, freight forwarder or other person or company designated to carry out the shipment. If the customer is acting as a consumer, the risk shall not pass to the consumer until the goods have been delivered to the consumer or to a third party designated by the consumer and different from the carrier. However, if the consumer has concluded the transportation contract himself without taking advantage of a choice offered by the entrepreneur, the risk shall pass to the consumer as soon as the goods are handed over to the carrier.

6.4 If the seller incurs additional costs due to the provision of an incorrect delivery address or incorrect addressee or other circumstances that make delivery impossible, these costs shall be reimbursed by the customer, unless the customer is not responsible for the incorrect information or impossibility. The same applies if the customer was temporarily unable to accept the service, provided that the seller had previously given the customer reasonable notice of the service, unless the customer, as a consumer, is entitled to withdraw.

6.5 If a delivery is delayed due to force majeure (e.g. pandemic, strike, severe weather, disaster, war, etc.), the delivery period shall be extended by the duration of the delay caused by the event. Any claims for damages resulting from this shall be excluded. This shall also apply to customers who are entrepreneurs if the delay in delivery occurs for other reasons attributable to the suppliers. The customer's statutory right to withdraw from the contract after setting a reasonable period of grace shall remain unaffected.

7) Warranty/Liability

7.1 The provisions of the statutory warranty apply. 

The seller is liable for ensuring that the goods have the objectively required characteristics in addition to the contractually agreed characteristics. This does not apply if the consumer expressly and separately agrees to the deviation of a certain characteristic from the objectively required characteristics when concluding the contract, which he does by placing his order after being specifically informed of this deviation in the product description.

If the customer is acting as a business, 

· an insignificant defect does not, in principle, give rise to any warranty claims, 

· the seller has the choice of how to rectify the defect

· the limitation period does not recommence if a replacement delivery is made under the warranty for defects.

If the customer acts as an entrepreneur within the meaning of the UGB, he is subject to the commercial duty of inspection and notification of defects in accordance with § 377 UGB. If the customer fails to fulfill the notification obligations set out therein, the goods shall be deemed to have been approved. 

The seller shall not be liable for slight negligence, unless personal injury is involved. These liability provisions shall also apply with regard to the seller's liability for its vicarious agents and legal representatives. 

8) Place of jurisdiction/applicable law

8.1 The law of the Republic of Austria shall apply to all legal relationships between the parties, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of deliveries to consumers with a domicile or habitual residence in the EU, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. For deliveries to consumers with domicile or habitual residence in Switzerland, this choice of law shall only apply to the extent that it does not violate mandatory provisions of Swiss law and, in addition, the right of withdrawal in accordance with the FAGG shall not apply.

8.2 In relation to entrepreneurs, the court with subject-matter jurisdiction at the seller's registered office is agreed as the exclusive court of jurisdiction. 

8.3 The place of performance is the seller's registered office.

9) Online dispute resolution

9.1 The EU Commission provides a platform for online dispute resolution on the internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.