General Terms and Conditions of Business
These General Terms and Conditions of Business as amended at the time you place your order govern all contracts concluded with Posch Antiquitäten, whether by e-mail, telephone or through the website. Any deviating conditions of the customer do not apply, unless written consent has been given to their applicability.
- Contractual partners:
With your purchase you conclude a contract with:
Mag. Gabriele Prödl-Posch
phone +43 (0) 3174 4477-0
hereinafter referred to as “Posch Antiquitäten” or “we”.
- Offer and conclusion of contract
3.1. All offers are subject to confirmation.
3.2. By placing an order by telephone or in writing, you submit a binding offer to conclude a purchase contract with us. We are not obliged to accept this offer.
3.3. Acceptance of your offer is effected by written confirmation from us or by handing over or sending the purchased goods to you.
- Terms of delivery and delivery periods
4.1. Our delivery obligation shall be deemed fulfilled if a) in the case of agreed delivery by our own company truck, the ordered goods have arrived at their destination and are ready for unloading by the buyer, b) the goods have been handed over to the commissioned forwarding agent or c) in the case of agreed collection by the buyer, readiness for dispatch has been notified by us (as applicable).
4.2. Delivery and/or hand-over to the forwarding agent shall be made following cash payment or when the payment has been credited to our bank account.
4.3. The delivery times agreed with us on a case-by-case basis shall apply.
4.4. If delivery is impossible due to circumstances within the customer’s responsibility, we are entitled to store the goods at the customer’s expense and risk in our discretion, whereby the delivery is deemed to have been made. Liability is excluded for damage to the goods during intermediate storage. The agreed payment terms shall not be changed by that.
4.5. If Force Majeure (e.g. strikes, natural disasters, pandemics) or other circumstances beyond our control prevent us from meeting the delivery dates, we shall notify you as soon as possible. The time of delivery shall be extended by the duration of these events.
- Prices, shipping costs, payment terms
5.1. The prices quoted by us are in euros and include all taxes but no shipping costs. The shipping costs vary depending on the chosen shipping method and will be agreed with us on a case-by-case basis.
5.2. The prices indicated do not include assembly or installation charges.
5.3. The only payment methods accepted by us are cash payment or bank transfer.
5.4. Unless otherwise agreed, the invoiced amount shall be due immediately without deduction. In the event of default we are entitled to claim statutory interests on arrears.
- Reservation of title
All goods delivered by us shall remain the property of Posch Antiquitäten until payment in full has been received.
- Scope of services
Please note that all items are used and subject to wear and tear according to their age. Restorations that increase the value are not reflected in the description. The description does not include any details on damage or defects that are either obvious or irrelevant for determining the value of an item. Minor deviations in dimensions, colour, wood pattern, etc. between the description or photo and the object in its natural state are evident and are considered accepted in advance.
- Right of rescission or cancellation (hereinafter referred to as “right of revocation”)
8.1. You have the right to revoke your declaration of contract or a contract that has already been concluded within 14 days without giving reasons. The period of revocation is fourteen days from the day on which you or a third party named by you, who is not the forwarder of the goods, has/have taken possession of the goods. If you have ordered the goods as part of a single order and these goods are delivered separately, the period of revocation begins on the day on which you or a third party designated by you, who is not the forwarder, has/have taken possession of the last goods.
8.2. You have to notify us of your decision in writing in order to be able to exercise your right or revocation. The timely dispatch of the notice of revocation before the end of the term of revocation shall be deemed sufficient for compliance with the revocation term.
8.3. You must return or hand over the goods to us without delay and in any case within fourteen days from the day on which you notify us of the revocation of the contract at the latest. Dispatch of the goods fourteen days before the end of the term shall be deemed sufficient for compliance with the return period. You shall bear the costs of return shipment of the goods.
8.4. You shall be liable for any loss of value if this is due to improper handling of the item on your part.
8.5. We shall have to repay to you all payments received from you, including the shipping costs of a standard delivery. The refund shall be made when we have received the goods. We shall use the same means of payment for the refund that you used for the original transaction.
8.6. No right of revocation applies to contracts for
- services that are taken up before the end of the revocation period
- goods that are made to customer specifications
- Warranty and liability
9.1. In the event of remediable defects, we shall fulfil customer claims under warranty. The remedy will be carried out at our discretion either by replacement, price reduction or repair within a reasonable period of time. The customer’s claims for damages, which are aimed at remedying the defect, can only be asserted when we are in default with the fulfilment of the warranty claims.
9.2. The goods shall be inspected immediately upon receipt, but in any case within a maximum period of six working days. We shall be notified of any defects ascertained during the inspection without delay, but in any case within three working days from their discovery. This notification shall include the type and scope of the defect. Complaints about hidden defects shall be made immediately in writing, but in any case within three working days from their discovery. If no notice of defect is made, or if a notice of defect is not made in time, the goods are deemed accepted.
9.3. We are only liable for damages caused by us intentionally or through gross negligence.
- Disclaimer of liability for translations
Information and text provided in English are non-binding auxiliary translations supplied for convenience purposes. We do not assume any liability for the correctness of the translation. The original text in the German version alone shall be decisive for the interpretation of differences in opinion.
- Copyright and related property rights
All and any information such as photos, texts, plans and advertising means of Posch is subject to copyright protection and rights of intellectual property. Such information must not be processed, distributed, reproduced, duplicated, edited or stored in databases without our explicit prior consent in writing.
- Final provisions
12.1. The place of fulfilment shall be our registered place of business.
12.2. Each contract concluded with us shall be subject to Austrian law exclusively, under exclusion of the UN Convention on Contracts for the International Sale of Goods and the conflict-of-law rules of private international law.
12.3. The language of contract is German.
12.4. The exclusive place of jurisdiction for all disputes arising directly or indirectly from this delivery transaction shall be 8160 Weiz, Austria. Legal action against consumers is subject to Sec. 14 Austrian Consumer Protection Act.
The effective date of these General Terms and Conditions of Business 01 November 2020.
Mag. Gabriele Prödl-Posch