§ 1 validity, definitions of terms
- my-pergola24.com - 2 Mountain-Development GmbH, Neualmerstraße 37, 5400 Hallein, Austria - EU (hereinafter: "we") operates an online shop for customized motorized aluminum slat roofs on the website www.my-pergola24.com , pergolas (goods made of metal and plastic parts) and sells additional products. The following general terms and conditions apply to all services between us and our customers (hereinafter: "customer" or "you") in the version valid at the time of the order, unless otherwise expressly agreed.
- "Consumer" within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can be attributed primarily neither to their commercial nor their self-employed professional activity. "Entrepreneur" is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity, whereby a partnership with legal capacity is a partnership that is equipped with the ability to acquire rights and enter into liabilities .
§ 2 conclusion of the contracts, storage of the contract text
- The following regulations on the conclusion of a contract apply to orders via our online shop at
www.my-pergola24.com and for individual inquiries that we offer you outside of the ordering process in the web shop via 2Mountain-Development GmbH.
- Our product representations on the Internet are as photo-realistic as possible, but may differ in reality.
- When an order is received in our online shop, the following regulations apply: The customer submits a binding contract offer by successfully going through the ordering procedure provided in our online shop. The order is made in the following steps:
- Configuration and selection of the desired goods according to your own wishes,
- Adding the products by clicking on the corresponding button (e.g. "Add to shopping cart"), 3. Checking the information in the shopping cart,
- Calling up the order overview by clicking on the corresponding button (eg "Continue to checkout", "Continue to pay", "To order overview" or similar),
- Entering/checking the address and contact details, selecting the payment method, confirming the terms and conditions and cancellation policy, as well as the special conditions for installment purchases
- Completion of the order by pressing the button "buy now". This represents your binding order.
- The contract is concluded by sending us an order confirmation from us within three working days to the specified e-mail address.
- In the event of the conclusion of the contract, the contract is concluded with my-pergola24.com - 2Mountain-Development GmbH, Austria.
- Before ordering, the contract data can be printed out using the print function of the browser or saved electronically in the customer account area. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the general terms and conditions, special installment purchase conditions and the cancellation policy, takes place by e-mail after you have placed the order, partly automatically. We do not save the text of the contract after the conclusion of the contract.
- Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser's "back button"). They can also be corrected by aborting the ordering process prematurely, closing the browser window and repeating the process.
- The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail partly automated. You therefore have to ensure that the e-mail address you provide us with is correct, that the receipt of the e-mails is technically ensured and, in particular, that no SPAM filters prevent this.
§ 3 subject matter of the contract and essential characteristics of the products
- In our online shop, the subject matter of the contract is: a. The sale of customized goods. You can use the configurator function on the website to put together the specific goods offered according to your own wishes, choice of colour, dimensions and choice of extras according to your own wishes.
- The main features of the goods can be found in the item description and in the configurator or in the subsequent order summary in the shopping cart.
- The above conditions apply to the sale of standardized additional products.
§ 4 prices, shipping and delivery
- The prices listed in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
- The respective purchase price is to be paid before delivery of the product in accordance with the invoice purchase confirmation (payment in advance), unless we expressly agree to the purchase with 50% remaining installments with a maximum of 36 monthly installments. The payment methods available to you are shown under a correspondingly designated button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due for payment immediately. In any case, we require a 50% deposit, which must be credited to our bank account immediately after the 14-day cancellation period.
- In addition to the stated prices, shipping costs may apply for the delivery of products, unless the item in question is shown as being free of shipping costs. The shipping costs will be clearly communicated to you again on the offers, if necessary in the shopping cart system and on the order overview.
- Unless clearly stated otherwise in the product description, all products offered are custom-made products, which is why a delivery time of up to 18 weeks after receipt of payment is possible. Cancellation after the 14-day period is not possible, these are individualized made-to-measure products.
- The following delivery area restrictions apply: Deliveries are made to the following countries: States of the European Union.
§ 5 retention, retention of title
- You can only exercise a right of retention, in so far as it concerns claims arising from the same contractual relationship.
- The goods remain our property until the purchase price has been paid in full and you have agreed that we may take possession of the goods again on your property with multiple right of access.
§ 6 Withdrawal
As a consumer, you have a right of withdrawal. This is based on our cancellation policy.
Section 7 Liability
- Subject to the following exceptions, our liability for contractual breaches of duty and for tortious acts is limited to intent or gross negligence.
- In the event of slight negligence, we shall be liable without limitation in the event of injury to life, limb or health or in the event of a breach of an essential contractual obligation. If we are in arrears with the service due to slight negligence, if the service has become impossible or if we have violated an essential contractual obligation, liability for property damage and financial losses attributable to this is on the contract-typical foreseeable damage limited. An essential contractual obligation is one whose fulfillment enables the proper execution of the contract in the first place, the breach of which jeopardizes the achievement of the purpose of the contract and on the compliance with which you may regularly rely. This includes in particular our obligation to act and the performance of the contractually owed service, which is described in § 3.
§ 8 Contract language and place of jurisdiction
As contract language german will be available exclusively. The place of jurisdiction for B2B transactions is Hallein, the registered office of 2 Mountain-Development GmbH.
§ 9 Warranty / Customer Service
- The warranty is based on the statutory provisions.
- In relation to entrepreneurs, the warranty period for delivered items is 12 months.
- As a consumer, you are asked to check the goods or the service provided immediately upon fulfillment of the contract for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply, this will of course have no effect on your statutory warranty claims.
- Our customer service for questions, complaints and complaints is available Monday to Friday from 9:00 a.m. to 18:24 p.m. by telephone and e-mail at support@my-pergolaXNUMX.com.
- We expressly point out that the web shop mypergola24.com of 2Mountain-Development GmbH is purely a trading portal. We assume no liability for the construction or further use of the goods. This is the responsibility of the buyer. Damage caused by assembly or improper use are excluded from the guarantee and warranty. It is up to the seller whether he will subsequently deliver parts for a fee, in any case there is no obligation to do so.
- The customer undertakes to read the FAQs and to carefully follow the assembly instructions provided on the website.
- An assembly or an assembly aid is not provided and may have to be provided by the customer himself or commissioned separately.
§ 10 Final provisions
- Austrian law applies. For consumers, this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favourability).
- The provisions of the UN Sales Convention explicitly do not apply.
- If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider's registered office.
As of: October 2020