General Terms and Conditions
1. scope of application
These General Terms and Conditions, hereinafter referred to as "GTC", shall apply to all legal transactions concluded with Linen manufactory Vieböck GmbH, Leonfeldnerstraße 26, 4184 Helfenberg, (hereinafter referred to as "Seller") via its Webshop under the domain www.vieboeck-shop.at. By placing an order in the Webshop , the customer declares his consent to the application of these General Terms and Conditions and at the same time waives any other terms and conditions of the customer.
2. contractual partners, submission of offers
1. orders are only possible after prior registration and disclosure of the required data.
2. the product presentations contained in the seller's online store do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer. The customer can submit the offer via the online order form integrated into the seller's online store. After placing the selected goods in the shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
The seller must immediately confirm receipt of this offer to the customer electronically. This is done by means of an automated e-mail confirming receipt of the order. This confirmation e-mail is not an order confirmation. Before ordering bed and table linen, the seller offers a free sampling service. Up to five fabric sample can be requested free of charge. This allows the customer to get a clear picture of the coloring and material properties. The seller recommends (before placing an order) a sample for bed and table linen items.
Sizes: The dimensions given for the products are approximate.
3. acceptance of the offer
1. the seller can accept the customer's offer within fourteen days,
by order confirmation by e-mail or text form, whereby the receipt of the order confirmation by the customer is decisive,
- by delivery of the ordered goods, whereby the receipt of the goods by the customer is decisive, or
- by prior request for payment on account.
2. if the seller does not accept the customer's offer within the above period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his order.
3. the period for acceptance of the offer shall commence on the day following the dispatch of the offer by the customer and shall end at the end of the fourteenth day following the dispatch of the offer.
4. when submitting an offer via the seller's online order form, the contract text is stored by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after sending his order together with these GTC.
Orders are generally processed and contact is made by e-mail and automated order processing using the e-mail address provided by the customer.
4th delivery
Delivery is only possible by mail order. It is not possible to collect the goods yourself. If several products are ordered, partial deliveries are permitted.
If goods are delivered with obvious transport damage, complaints must be made immediately to the deliverer and reported to the seller. Failure to make a complaint or contact the seller shall have no consequences for legal claims and their enforcement, in particular warranty rights. For entrepreneurs, the risk of accidental loss and accidental deterioration shall pass to them as soon as the goods have been handed over for shipment. For merchants, the immediate obligation to inspect and give notice of defects within the meaning of § 377 UGB applies.
5 Product features and care instructions
Linen is a natural product with the associated structural characteristics and variations. Due to the natural nature of the material, the linen fabric may have irregular yarn thickening, knots (up to 4mm), lighter and darker fiber parts. The colors and material properties (feel, softness, grammage) of the products offered may vary depending on the batch of linen fabric. Depending on the intensity of everyday use and the use of different detergents, the appearance (textiles become lighter), the material properties (textiles become softer and thinner) and the dimensions of the textiles change. The Vieböck care labels must be observed. The fabrics are woven from fine yarns in various weaves. Careful handling and washing must be ensured. Overfilling the washing machine, high spin cycles, chlorine bleach or stain removers must not be used, otherwise the warranty will be invalidated. All items must not be washed when folded!
Failure to observe the care instructions supplied will invalidate any warranty claims.
6. warranty
The images of the products offered in the Webshop are symbolic and deviations may occur due to browser displays. A care instruction or care guide is enclosed with each shipment, which can also be viewed at: https://www.vieboeck.at/qualitaet/die-pflege/. The care instructions must be followed. Damage or defects caused by demonstrably incorrect care cannot be reimbursed by the seller. In accordance with the statutory provisions, the seller warrants that the products are free from defects at the time of delivery, i.e. that the products have the stipulated or usually assumed properties. Warranty claims for products purchased via the Webshop expire two years after delivery, whereby it is assumed that the defect already existed at the time of delivery if the defect occurs within six months.
In the event of a defect, the customer may initially choose between improvement, rectification of the defect or replacement of the item. If this is not possible or not possible within a reasonable period of time, the customer shall be entitled to a price reduction or rescission.
7 Liability for damages
The seller shall only be liable for damages in connection with the fulfillment of the contract if he or his vicarious agents can be accused of intentional or grossly negligent action. This does not apply to personal injury. Compensation for consequential damage caused by defects is excluded, in particular compensation for damage caused by discoloration of the goods or objects brought into contact with them.
8. payment
The customer shall bear the shipping costs for the specified product prices, which are described in detail in the offers. The purchase price including delivery costs is due upon conclusion of the contract and can be paid by the customer by credit card or in advance (immediate bank transfer). In the event of partial deliveries, the seller is entitled to issue partial invoices for the deliveries made with the right to withhold further deliveries in the event of late payment of the partial invoices.
The customer agrees to invoicing in electronic form (Section 11 (2) UStG).
9. reservation of title
The goods shall remain our property until payment has been made in full.
For entrepreneurs, the following also applies: the seller retains title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and this assignment is accepted. You remain authorized to collect the claims, but the seller may also collect claims himself if you do not meet your payment obligations.
10. withdrawal from the contract for consumers
Consumers within the meaning of the Consumer Protection Act are entitled to
withdraw from the contract concluded via the Webshop within fourteen days without giving reasons.
In the case of a purchase contract, the withdrawal period begins on the day on which the customer or his representative takes delivery of the goods, or the last goods in the case of multiple deliveries. To comply with the withdrawal period, it is sufficient for the customer to send the declaration of the exercise of the right of withdrawal before the end of the period.
The customer shall exercise his right of withdrawal by making a clear declaration to the seller.
- by post: Linen manufactory Vieböck GmbH, Leonfeldnerstraße 26, 4184 Helfenberg
- by e-mail: office@vieboeck.at
The customer can use the withdrawal form enclosed with the delivery or at
https://vieboeck.at/userupload/editorupload/files/files/widerrufsformular.pdf and prepared for printing. The right of withdrawal does not apply to goods that are manufactured separately according to customer requirements or are clearly tailored to personal needs, in particular blankets and pillowcases, and only for goods that are unused and unwashed. In the event of withdrawal from the contract, any payments already made, including the usual transportation costs, will be refunded immediately, but at the latest within 14 days of receipt of the declaration of withdrawal. Repayment may be refused until the goods have been returned or proof of return has been provided.
In the event of withdrawal from the contract, the customer must return the goods received immediately
within 14 days of submitting the declaration of withdrawal.
This return period shall be deemed to have been observed if the product is dispatched within this period.
In the event of damage to the goods or loss of value, the seller must be paid appropriate compensation.
11. final provisions
A consumer within the meaning of these GTC is a natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to their commercial or independent professional activity. Entrepreneurs, on the other hand, act in the exercise of their commercial or independent professional activity when concluding a legal transaction. These GTC shall also apply to future business relationships with entrepreneurs without us having to refer to them again. This contractual relationship shall be governed exclusively by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict of laws rules. For disputes arising from this contract with entrepreneurs, the jurisdiction of the competent court of the seller is agreed. All image rights (copyrights) are held by Linen manufactory Vieböck GmbH. Use without express permission is not permitted.