General terms and conditions (GTC) of Tiroler Schmuckkastl Armbruster KG, Innsbrucker Str. 22, A-6100 Seefeld, commercial register number FN 19788A, commercial register court: Regional Court of Innsbruck, for distance selling contracts

  1. Scope of the General Terms and Conditions
    1.1. All distance selling legal transactions between Tiroler Schmuckkastl Armbruster KG (hereinafter referred to as ARMBRUSTER) and its customers are based exclusively on the following General Terms and Conditions (GTC). These General Terms and Conditions are binding for all current and future business transactions between ARMBRUSTER and the customer, even if no express reference is made to them.
    1.2. The validity of any regulations that deviate from or supplement these General Terms and Conditions, in particular contradictory General Terms and Conditions of the customer, is hereby expressly rejected.
    1.3. The Distance Selling Regulation, BGBl II No. 105/2015 and the provisions of the General Civil Code (ABGB), each in their current version, apply to all contracts.

  2. Conclusion of contract
    2.1. Offers from ARMBRUSTER are generally subject to change and can be changed at any time. The customer orders via the online shop. The customer can correct his entries at any time before sending the binding order by using the correction aids provided and explained in the ordering process. The customer's offer becomes binding when the customer completes the ordering process for the goods contained in the shopping cart by clicking on the order button (“order with payment”). Immediately after sending the order, the customer receives a confirmation that the order has been received. The customer is bound to his offer for 14 days from the time ARMBRUSTER receives his offer. The contract between ARMBRUSTER and the customer only comes into effect at the time the customer's order is accepted in writing by ARMBRUSTER.
    2.2. Ordering in the online shop takes place in the following steps:
  • Selection of the desired goods
  • Entering the login details for registering in the webshop (first name, last name, street, house number, zip code, city, country, email address, date of birth). After registering for the first time, you only need to log in using your email address and password
  • Display of pre-contractual information for consumers in accordance with Section 5a KSchG and Section 4 FAGG
  • Choice of shipping method and method of payment
  • Checking the information in the shopping cart and correcting the data entered if necessary
  • Confirmation of the validity of the General Terms and Conditions including the possibility of downloading the General Terms and Conditions
  • Confirmation of receipt of the cancellation policy and the cancellation form including the possibility of downloading the relevant files
  • Consent to data use
  • Confirmation by clicking on the “order with payment” button

    2.3. The contract text is saved and the customer receives the order details including general terms and conditions by email. The terms and conditions can also be viewed and downloaded on the website. Past orders can be viewed in the customer login.
  1. Prices and payment terms
    The prices are listed in the online shop for the individual goods. The sales prices include sales tax. Shipping costs are added to the stated product prices. Information about the respective shipping costs can be found in the shipping section of the online shop. Shipping may be at the customer's expense.

    3.2. The following payment methods are available to the customer:

    3.2.1. Credit card: When placing the order, the customer must submit his credit card details at the same time. After being legitimized as a legitimate cardholder, ARMBRUSTER requests the customer's credit card company to initiate the payment transaction immediately after the order. The payment transaction is carried out automatically by the credit card company and is charged to the customer's card.

    3.2.2. PayPal: During the ordering process, the customer is redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, the customer must be registered there or must first register, identify themselves with their access data and confirm the payment instruction to ARMBRUSTER. After placing the order in the shop, ARMBRUSTER requests PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. The customer receives further information during the ordering process.

    3.2.3. Klarna SOFORT Transfer: After placing the order, the customer is redirected to the website of the online provider SOFORT Transfer. In order to be able to pay the invoice amount via SOFORT transfer, the customer must have an online banking account with a PIN/TAN procedure that has been activated for participation in SOFORT transfer, identify themselves accordingly and confirm the payment instruction to ARMBRUSTER. The customer receives further information during the ordering process. The payment transaction will be carried out immediately afterwards by SOFORT Transfer and the customer's account will be debited.

    3.2.4. Apple Pay, Google Pay: Payment is also possible via Apple Pay and Google Pay.

    3.3. If an incorrect price has been incorrectly stated in ARMBRUSTER's offers, or if an incorrect product description has otherwise occurred, ARMBRUSTER will inform the customer immediately after receipt of the order and recognition of the error. The customer has the option of confirming the order again under the changed conditions or withdrawing from the order. If there is no response within 5 days, this will be deemed to be a withdrawal of the offer by the purchaser from ARMBRUSTER.

  2. Late payment:
    4.1. If the customer defaults on payment, ARMBRUSTER is entitled, at its discretion, to demand compensation for the damage actually incurred or interest on arrears at the statutory rate.
    The interest on arrears amounts to 9.2% pa above the base interest rate in business transactions and 4% pa in consumer transactions

    4.2. In the event of late payment by the customer, ARMBRUSTER is entitled to demand compound interest from the day the goods are handed over.

    4.3. In the event of late payment, the customer undertakes to reimburse ARMBRUSTER for the reminder and collection costs incurred by ARMBRUSTER, to the extent that they are necessary for appropriate legal prosecution. In the case of entrepreneurial transactions, this includes a flat rate of €40.00 as compensation for operating costs in accordance with Section 458 UGB. The assertion of further rights and claims remains unaffected.

  3. Retention of title:
    5.1. Until full, unconditional payment by the customer of all claims of the customer from a delivery of goods, including the associated interest, costs and expenses, the delivered goods remain the unrestricted property of ARMBRUSTER.

    5.2. If the goods delivered by ARMBRUSTER under retention of title are further processed, this further processing creates ARMBRUSTER's co-ownership of the new product according to the value ratio of the components. Selling or pledging or otherwise securing the reserved goods is not permitted.

    5.3. If third parties access the reserved goods - in particular through seizure - the customer undertakes to point out ARMBRUSTER's ownership rights and to notify them immediately.

    5.4. If the customer is a consumer or not an entrepreneur whose regular business operations include trading in the goods purchased from ARMBRUSTER, he may not dispose of the reserved goods until the outstanding purchase price claim has been paid in full, and in particular may not sell, pawn, give away or lend them.
    5.5. The customer bears the full risk for the reserved goods, in particular for the danger

  4. Delivery terms:
    6.1. ARMBRUSTER delivers both by mail and the customer can also collect the goods themselves.

    6.2. ARMBRUSTER is only obliged to carry out the service once the customer has fulfilled all of his obligations required for the execution.

    6.3. Delivery is made via an ARMBRUSTER supplier. Unless otherwise stated in the order confirmation, ARMBRUSTER will dispatch the goods within 48 hours of receipt of payment. ARMBRUSTER is entitled to exceed the agreed dates and delivery times by up to one week. Only after this period has expired is the customer entitled to withdraw from the contract after setting a reasonable grace period. 6.4. ARMBRUSTER is entitled to make partial deliveries and partial services. ARMBRUSTER will bear any costs incurred.

    6.5. If it is not a consumer transaction, minor or other changes to the service or delivery obligations that are reasonable for customers are deemed to have been approved in advance.

    6.6. If the goods cannot be delivered or are no longer available due to force majeure or product discontinuation or if ARMBRUSTER is unable to procure the ordered products under reasonable conditions and if these circumstances only occur after the conclusion of the contract and are not ARMBRUSTER's responsibility, ARMBRUSTER will be held liable by the Delivery obligation exempt. Should events occur that make delivery significantly more difficult or impossible for ARMBRUSTER - for example strikes, lockouts, official orders, natural disasters, pandemics, epidemics or similar - ARMBRUSTER will not be liable for damages or other claims due to delays, even if deadlines and dates have been bindingly agreed Whatever kind is excluded in such cases.

  5. Delay of acceptance:
    If the customer defaults on acceptance, ARMBRUSTER is released from all further service and delivery obligations and is entitled to withhold outstanding deliveries or services. In the event of a delay in acceptance, ARMBRUSTER is also entitled, after unsuccessfully setting a grace period of two weeks, to either store the goods at its premises, for which ARMBRUSTER can charge a storage fee of 0.1% of the gross invoice amount per calendar day commenced, or to store the goods at the customer's expense and risk stored with an authorized professional. At the same time, ARMBRUSTER is entitled to either insist on fulfillment of the contract or, after setting a reasonable grace period of at least two weeks, to withdraw from the contract and use the goods elsewhere. The customer is liable for any loss that may occur.

  6. Warranty
    8.1. The warranty period is six months from the time of receipt of the goods.

    8.2. The existence of defects must be proven by the customer. § 924 ABGB does not apply.

    8.3. The customer must inspect all deliveries immediately after acceptance and report any defects to ARMBRUSTER immediately, specifically and in writing, stating the order number, delivery note and a specific description of the type of defect. The complaint must contain as precise a description of the defect as possible so that ARMBRUSTER is able to react appropriately. In the event of failure to report defects immediately, the customer loses all claims under warranty and damages arising from the defect itself as well as from any error as to whether the delivery is free of defects.

    8.4. If a defect is discovered after a timely notification of the defect, a free exchange or a credit note or a refund will be issued. Packaging that has become unsightly during storage will not be returned or exchanged. Goods with an expired expiry date will be taken back up to six months after the expiry date shown on the package against a credit of the invoice amount less 40%. The return must be carried out at the customer's expense.

    8.5. § 933b ABGB does not apply.

    8.6. The provisions 8.1. until 8.5. do not apply in consumer business. If ARMBRUSTER provides a defective service, the consumer has the right to assert warranty claims within the scope of the warranty provisions.

    8.7. Transport damage: If goods are delivered with obvious transport damage, the customer is requested to complain about such errors to the deliverer as soon as possible and to contact ARMBRUSTER immediately. Failure to make a complaint or contact us has no consequences whatsoever for legal claims and their enforcement, in particular warranty rights.

  7. Damages and product liability
    9.1. In all applicable cases, ARMBRUSTER is only obliged to pay damages in the event of intent or gross negligence. ARMBRUSTER is not liable for negligence unless required by law. In the event of slight negligence, ARMBRUSTER is only liable for personal injuries.

    9.2. ARMBRUSTER's liability remains limited to damage that occurs to the goods themselves. ARMBRUSTER is not liable for indirect damages, lost profits, loss of interest, lack of savings, consequential and financial losses, damages from third-party claims, losses or expenses in connection with the business relationship as well as other damages, regardless of which legal claim they are based on, unless legally prohibited something different is mandatory.

    9.3. Unless it is a consumer transaction, all liability claims expire six months after the customer becomes aware of the damage and the perpetrator. The statutory limitation periods apply in consumer transactions.

    9.4. The burden of asserting and proving the existence of the damage, the causation and adequacy as well as the fault, in particular the existence of slight or gross negligence, and the illegality lies with the customer, unless it is a consumer transaction.

    9.5. Unless there are mandatory legal provisions to the contrary, liability for damages under the Product Liability Act and other comparable standards, regardless of which legal system they arise from, is excluded.

  8. ARMBRUSTER's right of withdrawal and unjustified withdrawal of the customer
    10.1. For important reasons, in particular in the event of violations of these conditions, ARMBRUSTER is entitled to withdraw from the contract if it has not yet been completely fulfilled by both parties. In the event of withdrawal, if the customer is at fault, ARMBRUSTER has the choice of demanding flat-rate compensation of 15% of the gross invoice amount or compensation for the damage actually incurred. Furthermore, reference is made to provisions 4 (delay in payment) and 7 (delay in acceptance).

    10.2. If the customer withdraws from the contract - without being entitled to do so - or requests cancellation, ARMBRUSTER has the choice of insisting on fulfillment of the contract or agreeing to cancellation of the contract. In the latter case, the customer is obliged to pay, at ARMBRUSTER's discretion, flat-rate compensation of 15% of the gross invoice amount or the actual damage incurred.

    10.3. The customer has no right of withdrawal for goods that were specifically manufactured according to customer specifications or that are tailored to the customer's personal needs. If a withdrawal is nevertheless made (effectively) in such cases, the entire fee will be owed without prejudice to this. Furthermore, a right of withdrawal only applies if the customer also provides proof of the correct storage of the goods due to any special requirements relating to the goods in question.

  9. Right of retention:
    If it is not a consumer transaction, the customer is not entitled to withhold the entire, but only an appropriate portion of the gross invoice amount if the complaint is justified - except in cases of reversal.

  10. Special provisions for consumers
    12.1. In consumer business, these General Terms and Conditions only apply to the extent that they do not contradict the provisions of the Consumer Protection Act and other consumer protection regulations. As already explained in detail in the previous contractual points, special special and protective provisions apply, particularly in the areas of warranty, compensation and right of retention. The following additional special agreements are made for consumer business:

    12.2. Consumer's right of withdrawal in distance selling

    12.2.1. If the customer is a consumer within the meaning of the Consumer Protection Act in the current version, he is entitled to a right of withdrawal in distance selling transactions as follows: The withdrawal period is fourteen days from the day on which the customer or a third party named by him, who is not the carrier, has taken possession of the goods. The declaration of withdrawal is not tied to a specific form and can be made by post or email. The customer can use the sample cancellation form in accordance with Appendix I of these General Terms and Conditions. The withdrawal deadline is met if the declaration of withdrawal is sent within the deadline. All monies paid by the customer up to the exercise of the right of withdrawal, excluding delivery costs, will be refunded within 14 days of receipt of the returned goods and their condition inspection regarding the withdrawal. For this repayment, ARMBRUSTER uses the same payment method that the customer used in the original transaction, unless something different was expressly agreed with the customer.

    12.2.2. ARMBRUSTER can refuse repayment until it has received the goods back or until the customer has provided evidence that he has sent the goods back, whichever is earlier.

    12.2.3. The consumer must return the goods to ARMBRUSTER immediately, at the latest within 5 days of submitting the declaration of withdrawal. The deadline is met if the customer sends the goods before the deadline of five days has expired. The direct costs of returning the goods must be borne by the consumer. The customer only has to pay for any loss in value of the goods if this loss in value is due to handling other than what is necessary to check the nature, properties and functionality of the goods.

    12.2.4. Apart from the payments and any additional costs listed in this point of the contract, no other burdens may be imposed on the consumer due to his withdrawal.

    12.2.5. The customer has no right of withdrawal for goods that were specifically manufactured according to customer specifications or that are tailored to the customer's personal needs. If a withdrawal is nevertheless made (effectively) in such cases, the entire fee will be owed without prejudice to this. Furthermore, a right of withdrawal only applies if the customer also provides proof of the correct storage of the goods due to any special requirements relating to the goods in question.

  11. Data protection, change of address and child protection
    13.1. The customer consents to the personal data contained in the purchase contract being automatically stored and processed by ARMBRUSTER in fulfillment of this contract. Corresponding consent to the use of data was obtained as part of the ordering process. This consent can be revoked at any time by post, email or telephone. ARMBRUSTER is entitled to pass on data to shipping companies to fulfill the contract.

    13.2. The customer is obliged to inform ARMBRUSTER of any changes to his or her home or business address immediately as long as the contractual legal transaction has not been fully fulfilled by both parties. If notification is omitted, declarations are deemed to have been received even if they are sent to the last announced address. In consumer business, Section 6 Paragraph 1 Item 3 KSchG applies.

    13.3. If the order includes goods whose sale is subject to age restrictions, ARMBRUSTER will ensure that the purchaser has reached the required minimum age by using a reliable procedure including personal identity and age verification. The delivery person only hands over the goods after the age has been verified and only to the customer personally. In the event that ARMBRUSTER mistakenly accepts an offer from a person who does not meet the age restriction requirement or is incapacitated, ARMBRUSTER - apart from the civil law regulations - has the express right to withdraw from the contract within 7 days of becoming aware of this defect to withdraw a written declaration to the offeror via the Internet or by post.

  12. Consent in accordance with Section 107 TKG: The customer agrees to receive messages in accordance with Section 107 of the Telecommunications Act for advertising purposes from ARMBRUSTER or from companies commissioned by ARMBRUSTER for this purpose. This consent can be revoked by the customer at any time at .

  13. Printing errors, data errors, links, images and image rights
    15.1. No liability is assumed for any printing errors in the advertising material or data errors in the ARMBRUSTER online shop that are due to slight negligence.

    15.2. If there are links to other sites on the Internet in the online shop, ARMBRUSTER has no influence on the design and content of these linked sites. The content of these pages has no connection with ARMBRUSTER.

    15.3. Illustrations on the Internet may differ slightly from the original product (particularly in design and colors). Symbolic photos can also be used. These deviations or the use of symbolic photos do not give the purchaser any rights or claims whatsoever against ARMBRUSTER.

    15.4. All image rights belong exclusively to ARMBRUSTER or its partners. Use without express consent is expressly not permitted.

  14. General Provisions
    16.1. Should a provision of these General Terms and Conditions be or become wholly or partially legally invalid and/or void or unenforceable, this will not affect the legal effectiveness and validity of all other business provisions. The contracting parties will replace the legally ineffective, invalid, void or unenforceable provision with one that is legally effective and valid and corresponds in its economic impact to the replaced provision as far as possible and legally permissible.

    16.2. Changes or additions to a contract must always be made in writing. This also applies in particular to a waiver of the written form requirement.

    16.3. The customer can only assign rights and obligations under the contract with the written consent of ARMBRUSTER. The customer can only be set off against ARMBRUSTER's claims if the counterclaim is undisputed or has been legally established.

    16.4. The contract language is German, any translations of these General Terms and Conditions into other languages ​​are non-binding.

    16.5. The place of performance is ARMBRUSTER's headquarters in 6100 Seefeld.

    16.6. The Parties agree to Austrian domestic jurisdiction. If it is not a consumer transaction, the court with subject matter jurisdiction at ARMBRUSTER's registered office has exclusive local jurisdiction to decide all disputes arising from this contract.

    16.7. For all contracts concluded between ARMBRUSTER and the customer and all claims arising from the legally effective existence or non-existence of these contracts, the application of substantive Austrian law is agreed, excluding the reference norms of Austrian international private law and those of the UN Convention on Contracts for the International Sale of Goods. This choice of law only applies to a consumer to the extent that it does not restrict any mandatory legal provisions of the state in which he has his domicile or habitual abode.