General Terms and Conditions (GTC)
Terms and Conditions
General terms and conditions of business
- As of March 2022
Inbrunst Grill&Co OG
Operator of the online shop: Inbrust
Grill&Co OG, Stadlermöser 1086, 6863 Egg, Austria
T: +43 664 4578785, Email: jonathan@inbrunst.at
Company registration number: FN 568064 p, Regional Court Feldkirch, represented by Jonathan
Citizens
1. Scope
1.1. The following terms and conditions apply to all sales made through this online shop.
exclusively the general terms and conditions.
1.2. The following General Terms and Conditions apply to this
Contract between contractor (hereinafter referred to as "Inbrunst Grill&Co OG")
and client (hereinafter referred to as "customer") as well as for all future
Contracts concluded between contractor and client.
1.3. The client's general terms and conditions do not apply.
This is part of the contract, even if the contractor does not agree to these conditions.
expressly disagrees.
1.4. Any agreements deviating from these terms and conditions require written confirmation.
Effectiveness of the written form. This also applies to a departure from it.
Written form required. Deviating agreements made in writing with the customer.
Agreements take precedence over these terms and conditions.
1.5. Inbrunst Grill&Co OG sells its goods exclusively to
Consumers and only in standard commercial quantities. All offers in this
Online shops are aimed exclusively at legally competent individuals who have completed their business transactions.
Have a residential address in Austria, Germany, or Switzerland. Shipping is also possible.
Our products are shipped exclusively to delivery addresses within [country/region].
Austria, Germany and Switzerland.
2. Conclusion of the contract
2.1. The offers of Inbrunst Grill&Co OG are non-binding.
Grill&Co OG is not obligated to accept offers from the customer.
The offer is only valid after written confirmation (order confirmation).
within 5 working days by Inbrunst Grill&Co OG as accepted.
2.2. The presentation of the products in our online shop is not legally binding.
This is not a binding offer, but merely an invitation to submit an offer.
2.3. A binding order on the part of the customer only comes into effect when
if the customer provides all the data required for the execution of the contract
has entered. The customer must acknowledge these General Terms and Conditions.
Confirm the terms and conditions and click the "Order with obligation to pay" button.
Click this button. Until this button is clicked, the customer can view products.
Add to your shopping cart without obligation and delete your entered data at any time
to change this. The customer uses the provided and explained options in the ordering process for this purpose.
Proofreading aids. Submitting the order applies in the event of shipment.
or self-collection at an address chosen by the customer as an offer from the customer
an Inbrunst Grill&Co OG to conclude a contract.
2.4. After submitting his order, the customer automatically receives an
A generated email has been sent. By receiving this notification, you will
No purchase agreement is yet concluded, but the customer is merely informed.
about the fact that his order at Inbrunst Grill&Co OG is in the system
has arrived.
2.5. The contract between Inbrunst Grill&Co OG and the customer only applies if...
This occurs when Inbrust Grill&Co OG delivers to the customer within five
We will send an order confirmation by email or post on working days.
2.6. In the case of self-collection, Inbrunst Grill&Co OG will send the customer
A notification via email that the item(s) are ready for collection from the warehouse.
is/are.
2.7. The contract will be written in German only.
We do not store contract texts.
3. Shipping/Delivery and Transfer of Risk
3.1. Shipping of items: The customer can choose whether to have items shipped (each
(depending on product size) the item will be sent to one of the following: freight forwarder, parcel service, post office, etc.
wishes to provide him with the address, or if he wishes to pick up the item from the warehouse of Infrenst
I would like to pick up my order from Grill&Co OG (Stadlermöser 1086, 6863 Egg, Austria).
(Self-collection). When ordering products shipped via freight carrier (truck)
If deliveries need to be made, the customer must ensure truck access.
3.2. Shipping costs will be added to the stated product prices.
The customer will be informed of the expected [value/timeframe] before submitting their offer.
You will be informed about the shipping costs that will apply.
3.3. Deliveries will be made personally to the specified address whenever possible.
Delivery address; the customer's identity is not verified. Deliveries
If no one is found at the delivery address, delivery can also be made to the
The package will be left in the mailbox if this is possible due to its size.
Otherwise, delivery is considered to have failed and will be attempted on [date].
at the earliest possible time and again after reasonable advance notice.
3.4. If delivery to the customer is not possible, the commissioned company will send
The transport company returns the goods to the seller, with the customer...
The costs for the unsuccessful delivery must be borne by the recipient. The risk of accidental damage
Loss and accidental deterioration of the sold goods is associated with
the handover to the customer or an authorized recipient. In the case of
Inbrunst Grill&Co OG will inform the customer immediately about the self-collection.
with you when the goods are ready for collection at the factory. After three working days from
The goods will be stored at the customer's expense and risk.
3.5. Information regarding expected delivery times is based on experience.
and information from Inbrust Grill&Co OG at the time of acceptance of the
Offer.
3.6. In the event of force majeure or other obstacles that are not at least grossly
The damage was caused negligently by Inbrunst Grill&Co OG, the Inbrunst
Grill&Co OG is entitled to extend delivery periods and dates appropriately.
or to postpone. The customer must be notified of such delays immediately after
The customer must demonstrably notify the customer of the obstacle upon becoming aware of it. The customer may from
No claims of any kind can arise from such delays and postponements.
always derive.
3.7. Partial deliveries are permitted and will be made by Inbrunst Grill&Co OG.
billed separately.
3.8. If the customer does not select a specific shipping method, Inbrunst Grill&Co
OG is entitled to choose a shipping method at its own discretion, whereby no
There is an obligation to select the cheapest shipping method. Any resulting
The customer must reimburse all related expenses.
3.9. In the event of delay or impossibility of delivery due to force majeure or
for other reasons beyond the control of Infrenst Grill&Co
If the OG is located, Inbrunst Grill&Co OG is entitled to withdraw from the contract in whole or in part.
to partially withdraw. This does not give rise to any claims for the customer.
on subsequent deliveries or replacement deliveries.
4. Cancellation policy
4.1. The customer has the right to withdraw from the contract within fourteen days without giving any reason.
to withdraw from this contract. The withdrawal period begins on the day
where the customer or a third party designated by him, who is not the carrier,
has taken possession of the goods. To exercise the right of withdrawal, the following applies:
Inbrunst Grill&Co OG (Stadlermöser 1086, 6863 Egg, Austria, jonathan@inbrunst.at,
T: +43 664 4578785) by means of a clear declaration (e.g. by mail, telephone)
or email) to inform the customer of their withdrawal from the contract. The customer can
Please use the attached sample cancellation form for this purpose. To ensure the protection of
The withdrawal period is limited to sending the notification of the exercise of the right of withdrawal.
before the end of the cancellation period.
4.2. In the event of cancellation, all payments made by the customer (including the
Delivery costs, excluding any additional costs arising therefrom,
that a different type of delivery than that provided by Inbrunst Grill&Co OG
(offered, cheapest standard delivery was selected), immediately and
to be repaid no later than fourteen days from the day on which the
Notification of withdrawal from this contract with Inbrunst Grill&Co
The OG has received the funds. Inbrunst Grill&Co OG will use them for the repayment.
the same payment method that the customer used in the original transaction
used, unless otherwise expressly agreed with the customer.
agreed. Repayment can be refused until Inbrunst
Grill&Co OG has received the goods back or until proof is provided
It was demonstrated that the goods were returned, depending on which of the
earlier time. The customer must return the goods immediately and in any case
In this case, no later than fourteen days from the day on which the customer Inbrunst Grill&Co OG was informed of the resignation, to Inbrunst Grill&Co to return or hand over the goods to OG. The deadline is met if the goods are returned or handed over.
must be sent before the end of the fourteen-day period. Any
The customer shall bear any loss in value of the goods if this loss in value is due to
a for testing the nature, properties and functioning of the
The goods were not handled in a necessary manner.
4.3. Has Inbrunst Grill&Co OG fulfilled its obligation to provide information in accordance with Section 4?
If the FAGG (Austrian Distance Selling Act) is not complied with in accordance with paragraph 1, point 8, the period is extended.
Customer has a twelve-month right of withdrawal. (Hold the Inbrunst Grill&Co OG)
If the information is not provided within twelve months, the period ends.
The withdrawal period is fourteen days after the date on which the customer received this
Information is received.
4.4. All products specifically designed for [specific purpose] are excluded from the right of withdrawal.
be manufactured to customer specifications or clearly tailored to the personal
The customer's needs were tailored.
5. Retention of title
5.1. The goods remain the property of the owner until the purchase price has been paid in full, including all other applicable charges.
Additional charges are the property of Inbrunst Grill&Co OG. The customer is
obliged to store the goods delivered under retention of title separately
and at their own expense against fire, theft, breakage and weather damage
assure.
5.2. The resale of goods subject to retention of title is prohibited.
permitted, provided the customer is not in default.
5.3. In the case of resale of goods subject to retention of title
The customer already assigns his purchase price claims to third parties.
As a precaution, I forwarded the order to Inbrunst Grill&Co OG. The customer is
obliged, in this case, to inform the buyer about the retention of title and Inbrunst Grill&Co OG to be informed about the sale.
5.4. Inbrunst Grill&Co OG hereby authorizes the customer up to the extent of
Revocation of the claims assigned pursuant to point 5.3 in one's own name and on
To collect the invoice from Inbrunst Grill&Co OG.
5.5. If the customer processes or modifies the goods subject to retention of title,
If the goods are still in place, the retention of title also extends to the goods resulting therefrom.
A new thing has emerged. In this case, Inbrunst Grill&Co OG acquires it.
Co-ownership of the resulting new items.
5.6. The customer is not entitled to dispose of the goods subject to retention of title.
to pledge to third parties or transfer into security ownership or about these
to dispose of goods in another way for the benefit of third parties.
5.7. Protection against third-party access to goods subject to retention of title, e.g.
In the event of a forced seizure, the customer has the right to demand payment from Grill&Co.
The customer must notify OG immediately in the event of seizure or other legal proceedings.
Claims by third parties on the retention of title of Inbrust
to point out Grill&Co OG.
6. Prizes
6.1. All prices quoted for goods in the online shop include VAT.
applicable statutory value added tax.
7. Payment terms
7.1. For orders in the online shop of Inbrunst Grill&Co OG, the following applies:
The customer has the payment options listed there available. Payment by invoice.
Can the customer shop if and as long as Inbrust Grill&Co OG is open?
has a positive credit check. When purchasing on account, the following applies:
No additional fees were charged for other payment methods. The invoices of
Inbrunst Grill&Co OG are, unless the customer has exercised their right of withdrawal.
used and returned the goods within fourteen days of the
has returned the notice of resignation within ten days of receiving the
Goods are due for payment (payment deadline).
7.2. Inbrunst Grill&Co OG reserves the right to discontinue further deliveries of this product.
to make dependent that the customer account is with Inbrunst Grill&Co OG
The balance is settled and there are no outstanding invoices.
7.3. The customer is in default after the due date. From this point onwards
Late payment interest of 4% per annum will be charged. Each reminder will incur an additional charge.
EUR 5.00. Further claims by Inbrunst Grill&Co OG, in particular
Claims for damages and the assertion of actually higher amounts
Default interest remains unaffected.
8. Assignment
8.1. Inbrunst Grill&Co OG reserves the right to modify the information contained in the
outstanding purchase price claims arising in connection with deliveries of goods
including any outstanding installment payments, default interest and
To assign or pledge reminder fees to third parties.
9. Warranty
9.1. The statutory warranty rights apply.
10. Transport damage
10.1. Obvious transport damage must be reported to the delivery person immediately.
complain or report immediately to Inbrunst Grill&Co OG. This will allow
Inbrust Grill&Co OG asserts its claims against the transport company
or claim from a transport insurance policy.
11. Data protection/notifications
11.1. Inbrunst Grill&Co OG processes personal data
The customer's data is always confidential. The personal data that the customer provides during
informs him of his order (name, address, telephone, fax, e-mail,
Date of birth), as well as his usage data will only be used for the purpose of
Contract processing, including any credit checks, is stored and
used. Without the customer's consent, Inbrunst Grill&Co OG will use existing inventory.
or collect, process, or only collect customer usage data without anonymization
to use, insofar as this is necessary for the execution of the contractual relationship
Without the prior express consent of the customer, Inbrunst will be used.
Grill&Co OG will not use customer data for advertising, marketing, or other purposes.
We use market research. The customer can revoke this consent at any time in writing.
or, if desired, revoked electronically to Inbrunst Grill&Co OG.
11.2. The customer has the option at any time to access the data stored by him.
to access, change, or for the purposes of your customer account at www.inbrunst.at
The future can be deleted or blocked by deactivating one's customer account.
Furthermore, regarding customer consent and further information
For information on data collection, processing and use, please refer to the privacy policy.
Reference is made to the information which is available in printable form on the website www.inbrunst.at.
11.3. The transmission of legally binding declarations by email is permitted at
a valid consent from the customer for electronic communication
Permissible between the contracting parties. Delivery of messages of Inbrunst Grill&Co OG to the customer can be legally validly transferred to the last person with Inbrunst.
Customer data disclosed to Grill&Co OG (address and/or email address)
and/or fax number) of the customer.
12. Jurisdiction and choice of law
12.1. Austrian law applies, excluding its conflict of laws rules.
of international private law and the UN Convention on Contracts for the International Sale of Goods.
12.2. Place of performance for payment of the purchase price and for other services
The customer's address is the headquarters of Inbrunst Grill&Co OG in Egg.
12.3. For all disputes arising from this contract, the following applies, provided that
no mandatory court jurisdiction exists, which is responsible for the seat of Inbrunst Grill&Co OG has agreed to the competent court in Bregenz.
13. Final Provisions
13.1. The invalidity of individual provisions of these Terms and Conditions does not affect the
The validity of the remaining provisions shall not be affected. Should any provision be invalid
or are invalid, a provision shall be deemed agreed upon which the
ineffective or invalid provision in its economic content
The next step will come. This also applies to gaps in the contract.
13.2. Inbrunst Grill&Co OG is certainly entitled to obvious
Errors, such as spelling and calculation mistakes in offers and cost estimates,
Order confirmations, delivery notes and invoices can be corrected at any time.
Sample resignation form
I hereby withdraw from the concluded
Contract for the purchase of the goods listed below returned:
Recipient:
Inbrunst Grill&Co OG
Stadlermöser 1086, 6863 Egg, Austria
Email: jonathan@inbrunst.at
Telephone: +43 664 4578785