General Terms and Conditions
General Terms and Conditions of A.Pieringer Ges.m.b.H. Online Shop www.ap.co.at, www.ap.works, www.ap.cool.
valid from November 2018
Voluntary Code of Conduct: www.guetezeichen.at
Imprint
Our company, named in the imprint, operates the virtual shop "www.ap.co.at, www.ap.works, www.ap.cool"
A.Pieringer Gesellschaft. m. b. H. (A. Pieringer Ges.m.b.H. | A. Pieringer GmbH. | A.Pieringer)
Management: Erwin Pieringer
Obere Hauptstraße 68, 2141 Ameis, Austria
Phone: +43 2524 20395
E-Mail: [email protected]
Customer service: Monday - Friday from 9:00 am to 4:00 pm
Information, data inquiries and complaints at: [email protected] Management: Erwin Pieringer
Management address: "See address above!"
Regulations: Trade Regulations
(https://www.wko.at/service/dienststelle.html?orgid=15166)
Trade designation: e.g.: Mail order, internet and general trade
Member of the WKO, Mail order, internet and general trade
Professional designation/business object: general trade, Austria Voluntary Code of Conduct: www.guetezeichen.at
VAT ID: ATU14787809
Register entry/company register no.: FN 112016 f Company register court: Korneuburg Regional Court Commercial Court: Korneuburg Regional Court
The contractual language is German, all translations are created with an AI, the AI can make mistakes. If the company field is filled in, you are a company for us, so not a B2C customer and no right of withdrawal, information obligations, warranty may be limited, contract protection, return possibility only by agreement. Every customer who buys with a VAT number is a company. Delivery times: For consumers (B2C): The estimated delivery time is indicated in the ordering process, it is non-binding. For entrepreneurs (B2B): Delivery times are only guidelines and can be influenced by unforeseen events. Claims for damages due to delayed delivery are excluded. Entrepreneurs are themselves responsible for the suitability of the products for their purposes.
1. General
These General Terms and Conditions apply to the sale and delivery of goods and the provision of services by our company. Our company delivers the goods and provides the services within Austria, the EU and worldwide. By clicking the checkbox in the shopping cart before submitting the order "I accept the Terms and Conditions (I have read and accepted the GTC)" App - Mobile app regardless of whether PWA or native app: With your order you agree to our privacy policy, GTC and revocation instruction - clicking BUY NOW means that the buyer agrees to these General Terms and Conditions and is bound by them.
Our range of products is non-binding. The order of the fully legally capable customer (persons from the age of 18) constitutes an offer to conclude a purchase contract. The subsequent confirmation of receipt of the order sent by us pursuant to § 10 para. 2 ECG does not in itself constitute acceptance of the offer. The purchase contract is only concluded when we deliver the ordered goods. All offers on our website are subject to change, non-binding and only available while stocks last.
2. Ordering process, order correction, order cancellation
Once you have selected the desired product, you can add it to the shopping cart non-bindingly by clicking the button. You can view the contents of the shopping cart at any time by clicking the button Go to shopping cart Icon shopping cart and arrow in between number of items and sum, app shopping cart non-bindingly. You can remove the products from the shopping cart at any time. If you want to buy the products in the shopping cart, click the button Proceed to checkout. Please then enter your data. For first-time orders, registration as a "New User" is possible but not required or Order as guest. For further orders, simply enter the login and password determined by the user during the first registration. Your data will be transmitted encrypted. After entering your data and selecting the type of payment and delivery, you will reach the button BUY NOW - mobile app BUY is ordered, so ordered with payment obligation.
Immediately after your registration, you will receive your login data by email. Please change the password after this email: "Welcome, ..." immediately!
We save the contract text and send you the order confirmation by email. You can view and change your personal data at any time by logging in.
3. Contract language
The contract contents, all other information, customer service, data information and complaint handling are offered in German.
4. Prices
Prices are valid at the time of ordering, including the statutory VAT plus all shipping costs. They are visible before the conclusion of the contract in the shopping cart and afterwards in a contract confirmation sent to the customer. Should export or import duties become due in the course of shipping, these will also be borne by the customer (information on this can be obtained from your competent customs office).
5. Right of revocation
Sample revocation form as PDF via link
Consumers pursuant to KSchG have the right to revoke this contract within fourteen days without giving reasons.
The revocation period is:
1. in the case of a service contract or a contract for the supply of water, gas or electricity, if they are not offered for sale in a limited volume or a specific quantity, district heating or digital content that is not supplied on a tangible data carrier, fourteen days from the date of the conclusion of the contract.
2. in the case of a purchase contract, fourteen days from the date on which you or a third party named by you, who is not the carrier, took possession of the goods.
3. in the case of a contract for several goods which the consumer ordered under a single order and which are delivered separately, fourteen days from the date on which you or a third party named by you, who is not the carrier, took possession of the last goods.
4. in the case of a contract for the delivery of goods in several part deliveries or pieces, fourteen days from the date on which you or a third party named by you, who is not the carrier, took possession of the last part delivery or the last piece.
5. in the case of a contract for the regular delivery of goods over a defined period, fourteen days from the date on which you or a third party named by you, who is not the carrier, took possession of the first goods.
To exercise your right of revocation, you must inform us (name, address and telephone number, fax number and e-mail address) by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to revoke this contract.
To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a different type of delivery from the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the date on which we received notification of your revocation of this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this refund. In the case of purchase contracts in which we have not offered to collect the goods ourselves in the event of revocation, we may refuse reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
If you have received goods in connection with the contract, you must return or hand over these goods to us immediately and in any case at the latest within fourteen days from the date on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period. You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functioning of the goods. If you have requested that the services should begin during the revocation period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time when you inform us of the exercise of your right of revocation with regard to this contract, compared to the total amount of services provided for in the contract.
If the customer is a business, revocation is completely excluded.
Information for a smooth return process
Please return the item as completely as possible in its original packaging.
If you only want to return one item from the delivery, but have ordered other items that you now want to pay for by invoice, simply deduct the item you returned from the invoice amount. If you pay by direct debit, the price of the returned item will automatically not be charged.
Return tracked at the buyer's expense. For unpaid returns, the costs will be deducted from the refund amount.
The consumer has no right of withdrawal for contracts concerning
1. services, if the entrepreneur - on the basis of an express request from the consumer pursuant to § 10 FAGG and a confirmation from the consumer that he is aware of the loss of the right of withdrawal upon complete fulfilment of the contract - had already commenced the performance of the service before the expiry of the withdrawal period pursuant to § 11 FAGG and the service was then fully rendered,
2. goods or services whose price depends on fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period,
3. goods manufactured to customer specifications or clearly tailored to personal needs,
goods that can spoil quickly or whose expiry date would quickly be exceeded, goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery,
5. goods which, after delivery, have become inseparably mixed with other goods due to their nature,
6. alcoholic beverages whose price was agreed upon at the time of contract conclusion, but which cannot be delivered earlier than 30 days after contract conclusion and whose current value depends on fluctuations in the market over which the entrepreneur has no influence,
7. sound or video recordings or computer software that are delivered in a sealed package, if the seal has been removed after delivery,
8. newspapers, periodicals or magazines, except for subscription contracts for the delivery of such publications,
9. services in the areas of accommodation for purposes other than residential purposes, transport of goods, rental of motor vehicles and the supply of food and beverages and services rendered in connection with leisure activities, if a specific time or period for the fulfilment of the contract by the entrepreneur is contractually provided for,
10. the supply of digital content that is not stored on a tangible data carrier, if the entrepreneur - with the express consent of the consumer, coupled with the consumer's acknowledgement of the loss of the right of withdrawal if performance of the contract begins prematurely, and after the provision of a confirmation pursuant to § 7 para. 3 FAGG - has already commenced delivery before the expiry of the withdrawal period pursuant to § 11 FAGG,
11. urgent repair or maintenance work where the consumer has expressly requested the entrepreneur to visit to carry out this work. If, during such a visit, the entrepreneur provides further services which the consumer has not expressly requested, or if he supplies goods which are not absolutely necessary as spare parts for the maintenance or repair, the consumer has the right of withdrawal with regard to these additional services or goods.
12. Special orders and factory orders and VRC also manufacturing. Products that are assembled or put together by selection.
13. Companies B2B, customers with VAT ID, corporations or commercial customers of any kind.
14. When collecting in the store, only a reservation takes place online, the purchase contract is only concluded in the store. In this case, there is no legal right of withdrawal.
Finally, the consumer has no right of withdrawal for contracts concluded at a public auction.
6. Payment
Please visit the PayPal, Skrill and Stripe homepage. These three PayPal, Skrill and Stripe are the interface for payment. Apart from prepayment, a bank transfer is possible.
Credit card (Eurocard/MasterCard, Visa, American Express…)
When paying by credit card, the debit will be made on the same day. When paying by credit card, the customer provides the following data: cardholder, card number, credit card company, expiry date, CVV code. The data is transmitted using SSL encryption with at least a 128-bit key and is therefore not visible to unauthorized persons. Further information can be found here: Insert link to PayPal, Skrill, Stripe FAQ, Security or Data Protection homepage! PayPal, Skrill, Stripe
Transfer - Prepayment
With the payment method transfer, the customer has to make the payment within one week of receiving the order confirmation. Delivery will only take place after receipt of payment, please note delivery time, external warehouse - factory order, it may come to the delivery time.
PayPal
You can order cashless from us with PayPal. If you choose this payment method, you will be redirected directly to PayPal for payment. If you already have a PayPal account, you can log in with your account details and make the payment. If you are new to PayPal, you can create a free user account by providing your bank or credit card details. You then pay by entering your email address and a password and receive a payment confirmation by email. Your order will then be processed immediately. More information can be found here: Insert LINK to FAQ, Security or Data Protection!
Klarna
Payment via Klarna requires online banking access. You will be redirected directly to Klarna for payment. You must provide your name, email address and, if applicable, your address. More information can be found here: Insert LINK to FAQ, Security or Data Protection! Stripe
Cash on delivery - Bank transfer
paybox.at – Skrill
paysafecard.com – Skrill
7. Payment default
In the event of payment default by the customer, we are entitled to demand the statutory default interest.
The statutory default interest between consumers and entrepreneurs is 4 percentage points.
8. Reminder and collection costs
In the event of default, the contractual partner undertakes to reimburse us for the reminder and collection costs to which we are entitled, even in the event of unintentional payment default, insofar as they are necessary for the purpose-appropriate pursuit of legal claims and are proportionate to the claim, whereby he specifically undertakes to reimburse us for the costs incurred as a result of engaging a debt collection agency, insofar as these do not exceed the maximum fees payable by debt collection agencies. If we operate the reminder system ourselves, the debtor undertakes to pay EUR 12.- per reminder and EUR 5.- per half year for maintaining the debt relationship in the reminder system.
9. Acceptance default
In the event of acceptance default by customers who have ordered as entrepreneurs, we are entitled to store the goods with us, for which we will charge a storage fee of EUR 0.1 per commenced calendar day. At the same time, we insist on the fulfilment of the contract.
10. Retention of title
We retain title to the delivered service or goods or to the media processed or created by us until receipt of all payments from the business relationship with the customer. If the customer resells goods subject to retention of title, he must also pass on the retention of title. The customer must immediately report any access by third parties to our goods subject to retention of title. Pledges, assignments as security and similar transactions relating to goods subject to retention of title are only permitted with our prior consent. If payment is not made immediately after reminder in the event of payment default, our goods subject to retention of title must be returned immediately. The return costs are borne by the customer.
11. Data protection
The protection of your personal data is of particular concern to us. We therefore process your data exclusively on the basis of the legal provisions (GDPR, TKG 2003). This data protection declaration serves to inform you about the type, extent and purpose of the collection and processing of your data.
We, A. Pieringer Ges.m.b.H., are the data controller within the meaning of data protection law for the data processing. If you have any questions about the collection, processing or use of your personal data, please contact us in writing at:
Erwin Pieringer, Obere Hauptstraße 68, 2141 Ameis, [email protected], Phone +43 664 4010343
Collection and processing of your data
In the context of your order, your newsletter subscription or your visit to our website, we collect and process certain personal data relating to you. The type, extent and purposes of this data processing are described below.
Order
In the context of your order, we process the data you provide: First name, last name, (company), e-mail addresses, street, postcode, town, telephone number, (age), username and password.
The data necessary for payment processing within the framework of the payment method PayPal, Skrill, Shopgate powered Adyen, CoinGate will be passed on to our payment partner PayPal, Skrill, Shopgate powered Adyen, CoinGate (www.paypal.at, www.skrill.com, www.shopgate.com/de/, www.adyen.com, https://coingate.com/) or you will be redirected to the website of our payment partner PayPal, Skrill, Shopgate powered Adyen, CoinGate (www.paypal.at, www.skrill.com, www.shopgate.com/de/, www.adyen.com, https://coingate.com/) when selecting the payment method XY. Our payment partner encrypts your credit card data using SSL (at least 128 bits) during data transmission. Further information on data processing by our payment partner can be found in our payment partner's data protection policy at https://www.paypal.com/at/webapps/mpp/ua/privacy-full?locale.x=de_AT, www.skrill.com/de/fusszeile/datenschutzrichtlinie/, www.shopgate.com/de/datenschutz/, https://docs.adyen.com/legal/terms-conditions, https://coingate.com/tos.
The data you provide will be processed exclusively for the processing of your order and the fulfilment of the contract existing between you and us. The data processing is based on the legal basis of Art 6 para. 1 lit b GDPR. After complete processing of the contract and complete payment of the purchase price, your data will be archived and deleted after expiry of the tax and commercial law retention periods or the periods in accordance with the Product Liability Act, unless you have consented to the further use of your data. In the event that the purchase process is cancelled without a contract being concluded, the data stored by us will be deleted.
Your personal data will only be passed on to third parties or otherwise disclosed if this is necessary for the purpose of contract processing or billing or if you have previously consented to it. In the context of order processing, for example, the service providers used here by us (e.g. shipping companies, logistics companies, payment service providers) receive the necessary data for order and order processing. In the event of a legal provision, a governmental order or an official investigation procedure, however, we are legally obliged to provide the respective data to the authority.
Newsletter
If you register for our newsletter and thus give us your consent (Art 6 para. 1 lit a GDPR), we will process your name and e-mail address for the purpose of sending you our newsletter. Your personal data will be stored until you unsubscribe from the newsletter or revoke your consent.
You can revoke your consent at any time or unsubscribe from the newsletter by clicking on the unsubscribe link at the end of each newsletter.
Website visit / Use of cookies
During your visit to our website, we collect personal data to the technically necessary extent (name of the file accessed, date and time of access, amount of data transferred, notification of successful access, browser type and version, user's operating system, referrer URL and requesting provider. This data cannot be assigned to specific persons by us and is also not merged with data from other data sources.
We would like to inform you that cookies are used when visiting our website. Cookies are small files or other types of information storage that are transferred from our web server or third-party web servers to the users' web browsers and stored there for later retrieval. The cookies used when visiting our website only serve the purpose of simplifying the shopping process (e.g. by storing the items placed in a shopping cart) and enabling the use of certain functions of our web shop. The cookies we use are deleted from your hard drive after you close your browser (session cookies). The collection of this data is based on § 96 para. 3 TKG.
We also use cookies for the statistical evaluation of the use of our website within the framework of the web analysis service Google Analytics (see below). The collection of this data is based on Art 6 para. 1 lit f GDPR.
If you have previously consented to this in accordance with Art 6 para. 1 lit a GDPR, cookies from third-party providers will be used during your visit to our website for the purpose of collecting and evaluating your usage behaviour. Consent to the use of these cookies is given by displaying a banner that explains the type and extent of the use of these cookies and allows you to agree to or reject the use of the cookies. In any case, no such cookies will be used before your consent. If cookies are not accepted, the functionality of our website may be limited.
Use of Google Analytics
We use Google Analytics, a web analysis service provided by Google LLC ("Google"), 1600 Amphitheatre Parkway Mountain View, CA 94043, USA. Within the framework of "Google Analytics", cookies are set on your computer in order to statistically evaluate your use of our website. We have concluded a corresponding contract with Google for order data processing.
The information generated by these cookies about your use of this website (including your IP address) is anonymized before it is stored on Google's servers, so that it is no longer possible to assign it to a computer. Only in
exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. Google uses this information to evaluate your use of the website, to compile reports on website activity for website operators and to provide other services related to website activity and internet usage. The IP address transmitted by your browser as part of Google Analytics will not be merged with other data from Google. More information on how Google Analytics handles user data can be found in Google's privacy policy: https://support.google.com/analytics/answer/6004245?hl=de.
You can prevent the collection of the data generated by the cookies and related to your use of the website as well as the processing of the anonymized data by Google by downloading and installing the browser plugin available under the following link: https://tools.google.com/dlpage/gaoptout?hl=de. However, we would like to point out that in this case you may not be able to use all the functions of this website to their full extent.
Use of Social Media Plugins (if used)
We use plugins from the following social networks Facebook, Twitter, Google+, YouTube, Pinterest, which are operated by the companies Facebook, Twitter, Google+, YouTube, Pinterest. For this purpose, we use a two-stage process, within the framework of which you can give your consent in accordance with Art 6 para. 1 lit a GDPR to the processing of data by the operator of the social network. Data will only be transmitted to the operator of the social network if users click on one of the displayed icons and thus agree to the transmission of the data to the operator of the social network. Only after such consent will a connection from your browser to the respective social network be established.
The social network receives information about your visit to our websites via the plugin. If you are logged into Facebook, Twitter, Google+, YouTube, Pinterest, your visit can be assigned to your account of your social network. Any interactions with the plugin can be stored by the network operator.
Information on the use of the data collected by the respective social network can be found on the website of the company Facebook, Twitter, Google+, YouTube, Pinterest in the "Data Protection" or "privacy" section under the URL https://www.facebook.com/privacy/explanation, https://twitter.com/de/privacy, https://policies.google.com/privacy?hl=de, https://policies.google.com/privacy?hl=de&gl=de, https://policy.pinterest.com/de/privacy-policy
Company data of the best-known social networks:
Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA, www.facebook.com
YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA, www.youtube.com
Twitter, Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA, www.twitter.com
LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA, www.linkedin.com
XING AG, Gänsemarkt 43, 20354 Hamburg, Germany, www.xing.com
Yahoo! Inc., 701 First Avenue, Sunnyvale, CA 94089, USA, www.yahoo.com
Data security
Your contract data is transmitted encrypted via the internet using the SSL method. We secure our website and other systems through technical and organizational measures against loss, destruction, access, modification or distribution of your data by unauthorized persons.
Rights as a data subject
You have the right to access your personal data, as well as the right to rectification or erasure or restriction of processing. You can also object to processing and have the right to have your personal data transferred in a structured, machine-readable format. For all the aforementioned rights, please contact the contact details of the controller.
Right to lodge a complaint
You also have the right to lodge a complaint with a supervisory authority. For Austria, this is the Austrian Data Protection Authority, Wickenburggasse 8, 1080 Vienna, Phone: +43 1 52 152-0, E-mail: [email protected]
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Privacy policy, general for emails, contact form and online and offline, ... linked to emails, information obligation acc. to GDPR. Supplement to 11. Privacy policy
1. Legal basis
1.1. The EU General Data Protection Regulation, the Data Protection Act 2000 and the Data Protection Adaptation Act 2018 serve the right to the protection of personal data. We process your data exclusively on the basis of the legal provisions (GDPR, DSG 2018, TKG 2003).
2. General
2.1. The controller is Erwin Pieringer, [email protected] Tel: +43 2524 20395
2.2. The representative of the controller is Alois Pieringer, [email protected] Tel: +43 2524 20395
2.3. It is our particular concern to protect and securely store all personal data that you entrust to us. In this document you will learn more about how we use and process your personal data.
3. Purpose limitation, legal basis, storage duration and data recipients
3.1. We require the collected personal data, such as first and last name, telephone number, e-mail address, address for the purpose of submitting offers, fulfilling contracts, billing, asserting contractual claims, warranty and guarantee claims, and for customer service purposes. The data is collected, stored, processed and used for this purpose.
3.2. The legal bases for the processing of your personal data are on the one hand the fulfilment of contracts (purchase, retrievals), legitimate interests, the fulfilment of our legal or contractual obligations and on the other hand your consent (in the contact form inquiry, registration for the newsletter). The failure to provide the data may have different consequences.
3.3. The data, such as company name, first and last name and address, is transmitted to our tax advisor for the purpose of fulfilling our tax law obligations. This is the controller within the meaning of the GDPR and therefore no order processing agreement is necessary. Further information can be requested at [email protected].
3.4. We process your personal data, such as first and last name, telephone number, e-mail address, as far as necessary, for the duration of the entire business relationship (from the initiation, processing to the termination of a contract) and beyond that in accordance with the legal storage and documentation obligations, which result inter alia from the Austrian Commercial Code (UGB), the Austrian Federal Tax Code (BAO), as well as until the termination of any legal dispute, ongoing warranty and guarantee periods, etc.
3.5. In the context of operating our websites, we have commissioned a web design & web development company for the maintenance and servicing of our web server. In the course of these activities, access to your personal data (e-mail address, IP address) may be possible - provided that a newsletter registration exists. A non-disclosure agreement exists with this company. Further information can be requested at [email protected].
3.6. We have commissioned an IT company to maintain our server architecture. In the course of these activities, access to your personal data, such as company name, first and last name, telephone number, e-mail address, address may be possible. A non-disclosure agreement exists with this company. Further information can be requested at [email protected].
3.7. Personal data, such as first and last name, telephone number, may also be passed on to contractual partners, such as distributors, production companies, manufacturers, so that contract fulfilment or delivery of goods can take place. In individual cases, an order processing contract in accordance with Art 28 GDPR will be concluded. Further information on the order processors commissioned by us can be requested at [email protected].
4. Contact form
4.1. Your information, including personal data from our contact form, will be transmitted to us, processed further and stored by us via our own Microsoft Office 365 mail server https://products.office.com/de-de/business/office Microsoft GDPR https://www.microsoft.com/de-de/aktion/IT-Sicherheit/eu-datenschutz-grundverordnung.aspx?utm_source=t.co&utm_medium=referral. This data will not be collected or passed on without your declaration of consent. Without this data, we cannot process your requests.
4.2. Data processing is based on the legal provisions of § 96 para. 3 TKG and Art 6 para. 1 lit a (consent) GDPR.
5. Newsletter
5.1. You can register for our newsletter on the website; this is done using the double opt-in procedure. After registration, you will receive an e-mail asking you to confirm your registration. Without providing this data, it is not possible to send our newsletter. You can unsubscribe from the newsletter by clicking on the unsubscribe link at the end of each newsletter. The personal data, such as first name, last name, e-mail address, IP address, is stored exclusively for this purpose on the webmail server.
5.2. For sending our newsletter, we use mailworx. https://www.mailworx.info/de/ Data protection: https://www.mailworx.info/de/impressum/datenschutz
5.3. Data processing is based on the legal provisions of § 96 para. 3 TKG and Art 6 para. 1 lit a (consent) GDPR.
6. Consent and right of revocation
6.1. If your consent is necessary for the processing of your data, we will only process it after you have given your express consent.
6.2. In principle, we do not process data of minors and are not authorized to do so. By giving your consent, you confirm that you have reached the age of 14 or that you have the consent of your legal guardian.
6.3. You can revoke your consent at any time at the following e-mail address: [email protected]. In such a case, the data stored about you so far will be anonymized and subsequently only used for statistical purposes without personal reference. The revocation of consent does not affect the legality of the processing carried out on the basis of the consent until revocation.
7. Data security
7.1. Our IT manager, Erwin Pieringer, uses technical and organizational security measures to protect the stored personal data against accidental or intentional manipulation, loss or destruction and against access by unauthorized persons. Our security measures are continuously improved in line with technological progress.
8. Your rights
8.1. You have the right at any time to obtain information from the controller Erwin Pieringer, [email protected] about the personal data concerned. Insofar as there is no legal obligation to retain data, you have the right to have this data deleted and to object to its processing. You also have the right to have the data corrected and to restrict processing, to data portability and to complain to the Austrian Data Protection Authority (Wickenburggasse 8-10, 1080 Vienna, e-mail: [email protected]).
8.2. Please contact us regarding your rights at [email protected] or write to:
A.Pieringer Ges.m.b.H.
For the attention of Data Protection Manager
Obere Hauptstraße 68
2141 Ameis
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12. Warranty, liability, guarantee
The warranty is governed by the statutory provisions. It is limited to the statutory period of 24 months from the transfer of the goods to the buyer or, in the case of services, to the completion of the service. In the case of justified complaints about defects, either free replacement or improvement will be carried out, for which a reasonable period must be granted. If a replacement or improvement is not possible (not possible, too high expenditure, unreasonable, delay etc.), the buyer is entitled to a price reduction or, if the defect is not insignificant, to cancellation of the contract (rescission).
Appearing defects should be reported as soon as possible upon delivery or after they become visible, whereby failure to report upon delivery or after they become visible by a consumer has no influence on his warranty claims. If the purchase is a commercial transaction (B2B) for the customer, he must inspect the goods within 2 weeks of receipt at the latest and immediately notify us of any defects found. Our company is exclusively liable only for damages in cases of intent and gross negligence. This does not apply to personal injury or consumer transactions. The existence of slight or gross negligence must be proven by the injured party, unless it is a consumer transaction. The replacement of (defect) consequential damage, as well as other material damage, financial damage and damage to third parties against the customer, unless it is a consumer transaction, is excluded.
The guarantee is to be asserted with the guarantor (with the manufacturer/sometimes also with the seller, if he is the manufacturer) and takes place according to his provisions. The assertion of the guarantee does not restrict the statutory warranty.
When the goods are shipped in consumer transactions, the risk of loss or damage to the goods only passes to the consumer once the goods have been delivered to the consumer or to a third party designated by him who is different from the carrier. However, if the consumer has himself concluded the transport contract without making use of a choice offered by us, the risk already passes with the handover of the goods to the carrier.
13. Applicable law, place of jurisdiction
The contracting parties agree on the application of Austrian law. If the consumer has his residence or habitual abode in Austria or is employed in Austria, the jurisdiction of the court in whose district the residence, habitual abode or place of employment is located can only be established for a lawsuit against him; this does not apply to legal disputes that have already arisen. The UN Convention on Contracts for the International Sale of Goods and all provisions relating to the UN Convention on Contracts for the International Sale of Goods are expressly excluded.
For contracts with companies, our registered office is agreed as the place of jurisdiction.
14. Place of performance for business transactions
The place of performance for all services under the contract is our registered office.
15. Copyright
All messages, graphics and the design of our website are intended exclusively for the personal information of our customers and are protected by copyright.
16. Arbitration board
We undertake to participate in the arbitration proceedings of the ECG and the Internet Ombudsmann in case of disputes.
www.ombudsmann.at
Further information on the types of proceedings can be found at www.ombudsmann.at.
17. Delivery
Delivery is via EMS, cash on delivery, post, DHL, GLS, …
If not all ordered items are immediately available, the immediately available items will be delivered immediately and further items as soon as they are available. However, shipping costs will only be charged once per order, even with partial deliveries.
18. Shipping costs
Please refer to this list for shipping costs Link: https://www.ap.works/versand-und-rueckgabe
19. Storage of the contract
The contract text is stored by us and can be requested by you after completion of the ordering process. You can print out the order data immediately after sending it. You can use either the subsequent page "Your order" or the email "Order confirmation".
20. Miscellaneous
Recourse claims within the meaning of the Product Liability Act are excluded, unless the party entitled to recourse proves that the fault was caused in our sphere and was at least grossly negligent.
The contractual partner waives the possibility of set-off. However, this does not apply to consumers.
Voluntary Code of Conduct: www.guetezeichen.at
