AGB
Terms and Conditions of Kaiser-Ritter Watch Strap
Manufactory
1. Scope of Application
These terms and conditions regulate the legal relationship
between Kaiser-Ritter Watch Strap Manufactory, Schmalzhofgasse 1B, 1060 Vienna,
Austria (hereinafter "Kaiser-Ritter"), and its customer, excluding
any other provisions used by the customer, regardless of any particular or
general conditions that may appear on the order or other customer documents.
These terms and conditions are binding for the entire current and future legal
relationship between Kaiser-Ritter and the customer, even if not expressly referred
to.
The2. Contract Conclusion representation of the products in the online store is
not a legally binding offer but an informational online catalog. The offers
presented in the online store by Kaiser-Ritter are subject to change within
reasonable limits.
The customer's order constitutes a binding offer to
Kaiser-Ritter to conclude a purchase agreement. Upon placing an order in the
online store, Kaiser-Ritter will send the customer an email confirming the
receipt of the order (Order Confirmation). This confirmation does not
constitute acceptance of the customer's offer but is intended to inform the
customer that the order has been received. A purchase agreement is only
established when Kaiser-Ritter ships the ordered product to the customer and
confirms the shipment with a second email (Shipping Confirmation). No purchase
agreement is made regarding products from the same order not listed in the
Shipping Confirmation.
Kaiser-Ritter reserves the right to refuse the acceptance of
an order, for example, following an assessment of the customer's
creditworthiness, or to limit the order to a reasonable household quantity.
3. Object of the Contract
The subject of the contract comprises the goods ordered by
the customer and shipped by Lic
Leather.
4. Quality, Delivery, and Availability of Goods
Slight variations in material texture may occur since the
items are made of real leather and handcrafted. These characteristics do not
indicate product defects but rather minimal differences. There might be a
waiting period of up to 4 weeks between the order date and the shipping date.
If Kaiser-Ritter is unable to deliver the ordered goods due
to a supplier not fulfilling contractual obligations, Kaiser-Ritter reserves
the right to withdraw from the contract. In this case, the customer will be
immediately informed that the ordered product is not available.
The customer bears the costs of unsuccessful delivery if the
customer cannot be found at the specified delivery address.
5. Payment and Prices
The customer can pay the purchase price using available
payment options, including major credit cards and PayPal. Prices include
Austrian VAT, and shipping costs are added during the checkout process. Any
transaction fees are to be borne by the customer.
Payment is to be made in the currency of invoice.
The customer is not entitled to offset any of their own
claims against Kaiser-Ritter's claims.
6. Transfer of Risk
The risk of accidental loss and deterioration of the goods
passes to the customer upon delivery of the goods to the person or entity
responsible for shipping.
If the customer defaults in accepting the goods, this is
considered equivalent to delivery.
7. Delivery and Shipping Costs
Items will be delivered upon completion of each piece. Items
are crafted only upon order (for the maximum time between order and shipping,
see point 4). The delivery time post-shipping is up to 6 working days;
Kaiser-Ritter does not take responsibility for any differing delivery times by
carriers such as GLS, UPS, or the post. Shipping costs are outlined as follows:
Shipping to Germany (Insured shipping with a tracking
number): 10.0 €
Shipping to Austria (Insured shipping with a tracking
number): 5.0 €
Shipping costs to other countries are available under the
"Shipping & Returns" section.
8. Right of Withdrawal
Please
note that no right of withdrawal exists for custom-made products tailored to
the specific needs or requirements of the customer, according to § 18 FAGG
(Fern- und Auswärtsgeschäfte-Gesetz - Austrian Distance and Off-Premises
Contracts Act). This specifically includes handmade items, personalized goods,
or products crafted according to individual customer specifications, such as
custom engravings, stamps, monograms, or other personalized features.
For such personalized products and special orders, the
seller (Kaiser-Ritter) is not obligated to accept returns or offer exchanges.
Even in cases of dissatisfaction or minor discrepancies with the ordered items,
the customer is liable for the full payment, as there is no statutory right of
exchange or return.
9. Warranty
The customer has the right to choose whether to remedy the
defect or replace the product. Kaiser-Ritter is entitled to refuse the chosen
remedy if it is impossible or disproportionately costly compared to the other
remedy.
If a remedy is not possible or advisable, the customer may
demand a price reduction or, if the defect is more than minor, the rescission
of the contract.
The warranty period is one year from the delivery of the goods.
10. Limitation of Liability and Indemnification
Outside the scope of product liability law, Kaiser-Ritter's
liability is limited to intent or gross negligence.
Liability for slight negligence, the replacement of
consequential and financial losses, loss of savings, lost profits, interest
losses, and damages from third-party claims against the customer are excluded.
The limitations of liability specified herein also apply to
legal representatives, employees, and agents of Kaiser-Ritter.
11. Force Majeure
If Kaiser-Ritter is prevented from fulfilling its
obligations under a contract due to force majeure or other circumstances beyond
its control, Kaiser-Ritter shall not be held liable. In cases of force majeure
or other circumstances beyond Kaiser-Ritter's control causing a delay,
Kaiser-Ritter will fulfill its obligations as soon as reasonably possible under
the circumstances.
12. Retention of Title
The delivered goods remain the property of Kaiser-Ritter
until full payment is made.
The customer is obliged to handle the goods with care as
long as the retention of title exists.
13. Place of Performance and Legal Venue
Vienna is the place of performance. All disputes arising
from this contract, including its validity, conclusion, and pre- and
post-effects, will be exclusively settled by the competent court in Vienna,
provided the customer has their residence, habitual abode, or place of
employment in this jurisdiction, or if the customer resides abroad.
Austrian law applies, excluding the provisions of referral
and the UN Convention on Contracts for the International Sale of Goods, to the
extent that the protection granted is not overridden by mandatory provisions of
the law of the country where the customer has their habitual residence.
14. General Contractual Provisions
The assignment of the customer's claims against
Kaiser-Ritter is only permitted with the prior written consent of
Kaiser-Ritter. The transfer of the customer's obligations to a third party is
also subject to prior written approval from Kaiser-Ritter.
References to legal provisions refer to the Austrian legal
provisions in force at the time of the establishment of the legal relationship
between Kaiser-Ritter and the customer, unless explicitly stated otherwise.
If any provision of these terms and conditions is wholly or
partially ineffective or unenforceable, this does not affect the validity or
enforceability of the other provisions. The invalid or unenforceable provision
is to be separated from the remaining provisions while maintaining their
validity.