General Terms and Conditions
1. Validity of the General Terms and Conditions (GTC)
These General Terms and Conditions apply in the version valid at the time of the order for all contracts concluded via this webshop between Fechter Merch GmbH (hereinafter referred to as FM) on the one hand and the contractual partner (hereinafter referred to as Customer) on the other hand. The customer expressly declares to be in agreement with these terms and conditions. Deviating agreements require the express written regulation, unilateral declarations of the customer unfold, as well as possible general terms and conditions of the customer, even if these are not expressly contradicted on the part of FM, no legal effect.
2. name and address of the company
Fechter Merch GmbH,
Industriestrasse 7 / Hall L SUED
3. conclusion of contract
Contracts on this portal can only be concluded in German or English language.
The presentation of goods in the web store by FM is without obligation to conclude a contract, but is considered as an invitation to the Customer to submit a purchase offer in the form of an order. The Customer submits a binding offer to FM when he has gone through the online ordering process by entering the information requested there and completes the ordering process by clicking the "Order" button. After the order has been sent, Customer will receive an e-mail confirming the receipt of the order by FM and stating its details (acknowledgement of receipt). This confirmation of receipt does not constitute an acceptance of the offer.
A purchase contract is concluded when FM ships the ordered product to the Customer. In case of partial deliveries, the purchase contract is concluded only with respect to the dispatched partial delivery. In case of unavailability of the ordered product FM reserves the right not to deliver. In this case FM will inform Customer without undue delay and will immediately refund any consideration already received, Customer has no further claim. When the order is handed over to the parcel service, the Customer will receive a tracking number electronically. It may take 1-3 business days until this tracking number is active.
4. price indication
The prices quoted refer to the articles published on the Internet, taking into account the respective description.
Prices are final prices, i.e. they include the legally valid sales tax. Shipping costs are additionally incurred only for small order values. From an order value of € 100.00 NLE sends the goods free of shipping costs within Austria and within Germany . If the order is delivered in several partial deliveries, this does not increase the shipping costs.
All orders are shipped from Austria. For this reason, there are no customs duties or import taxes within the EU.
Outside the EU, these may apply.
For deliveries such as to Switzerland, customs duties are usually incurred only from a value of goods of about 150 €. However, it is important to note that import sales tax is still payable.
The customs duties go 100% to the customs of the respective receiving country & must be paid by you.
ATTENTION - we ship to customs countries with the forwarding company FedEx. The company FedEx requires for the customs clearance of the commodity a presentation commission, which is to be carried by the buyer. Unfortunately we have no influence on these costs.
The purchase price (including taxes and duties and any shipping costs) is due immediately with the order. The credit card account will be charged upon completion of the order.
The following payment options are available to the customer:
Instant bank transfer, PayPal, credit card (Visa, Mastercard).
If Customer is in default with the payment of due receivables FM is entitled to charge the legal default interest as well as the reminder and collection costs incurred by FM, as far as reasonable and necessary for the appropriate prosecution. The assertion of a higher damage caused by default remains unaffected.
7. objections and set-off
Objections against an invoice of FM must be raised in writing within 14 days from receipt of the invoice enclosed with the goods. Legal claims, which can be asserted also after expiration of the time limit, remain unaffected.
8. retention of title
The goods remain property of FM until the complete and permanent payment of the purchase price. During the period of retention of title, Customer is entitled to possession and contractual use of the object of purchase, but not to encumber or dispose of it (e.g. sale, exchange), as long as Customer meets the payment obligations in due time.
9 Liability and Warranty
The warranty and liability shall be determined in accordance with the statutory provisions, in particular in accordance with § 922 ff ABGB (Austrian Civil Code), unless the following provisions determine otherwise.
Complaints concerning the scope of delivery, material defects, wrong deliveries and/or deviations in quantity are to be asserted in writing by e-mail to firstname.lastname@example.org immediately after receipt of the goods, if appropriate including photo documentation, insofar as this can be determined by reasonable examinations. Obviously damaged packages have to be claimed immediately upon receipt by the delivery service and FM has to be informed about the claim by e-mail to email@example.com.
FM excludes any liability, including pre-contractual liability, to the extent permitted by law. The exclusion of liability does not apply to the guaranteed quality of goods.
In particular, FM's liability is limited, to the extent permitted by law, to the foreseeable damage, the occurrence of which must typically be expected, and is limited in amount to the net final purchase price of the product causing the damage.
The provisions of the Product Liability Act shall remain unaffected.
Complaints are to be addressed in writing, stating the order number, order date and customer data, to:
Fechter Merch GmbH, Industriestrasse 7 Hall L-South, 2100 Korneuburg
11. complaint / dispute resolution
Under current law, FM is obliged to inform consumers of the existence of the European Online Dispute Resolution Platform:
Since February 15, 2016, the EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially resolve disputes in connection with your online order without having to go to court. The dispute resolution platform can be reached at link:
Another option for out-of-court dispute resolution is provided by the Internet Ombudsman reachable at:
It is pointed out that dispute resolution proceedings generally require the consent of the parties involved. FM is in principle not willing to participate in dispute resolution procedures within the European Online Dispute Resolution Platform.
12. performance reservation
FM reserves the right, in case of product changes, unavailability of the goods or delayed delivery by the manufacturer, to provide a service equivalent in quality and price or, if this is not possible, not to provide the service.
13 Written form requirement
Amendments to the contract and ancillary agreements must be made in writing in order to be effective. The necessity of the written form also applies to the waiver of the written form requirement.
14 Cancellation policy
Right of revocation
The customer has the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which the customer or a third party named by him, who is not the carrier, has taken possession of the last goods. To exercise a right of withdrawal, the customer must FM(Fechter Merch GmbH, Industriestraße 7 Halle L-Süd 2100-Korneuburg, e-mail: firstname.lastname@example.org) by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about the decision to revoke this contract. For this purpose, the customer can use the attached cancellation form (SAMPLE see below).
In order to comply with the withdrawal period, it is sufficient that the customer sends the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If Customer revokes the Contract, FM shall repay all payments received by FM from Customer, including delivery costs (with the exception of additional costs resulting from the fact that Customer has chosen a type of delivery other than the cheapest standard delivery offered by FM), without undue delay and at the latest within fourteen days from the day on which FM has received the notification of revocation of this Contract. For this repayment FM will use the same means of payment that Customer used for the original transaction, unless otherwise expressly agreed with Customer. FM may refuse the repayment until FM has received the goods back or until Customer has provided proof that he has returned the goods, whichever is earlier.
Customer shall return or hand over the goods to FM without undue delay and in any case not later than within fourteen days from the day on which Customer notifies FM of the cancellation of this Agreement. The deadline is met if Customer sends the goods before the expiry of the fourteen-day period. Customer shall bear the costs of returning the goods. For a possible loss of value of the goods the customer has to pay only if this loss of value is to be led back on a handling not necessary for the examination of the condition, characteristics and function mode of the goods.
Further information on the right of withdrawal and return
Please fill out the return slip enclosed with your shipment for the item you wish to return, place it in the package in its original packaging, undamaged and unused, and tape it carefully. Returns without a completed return form cannot be processed. Freight collect shipments will not be accepted. Completed return forms are considered as an exercise of the right of withdrawal.
15. final provisions
In the event that the customer is an entrepreneur or consumer residing abroad, Vienna is agreed as the place of jurisdiction for all disputes arising from or in connection with this contract.
Austrian law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods and to the exclusion of national and supranational rules of reference.
Should clauses of this contract be ineffective or lose their effectiveness, the rest of the contract shall remain effective. The invalid clause shall be replaced by a provision that most closely reflects the economic intent of the contracting parties.
status: January 2018
If you want to revoke the contract, please fill out this form and send it back to:
Fechter Merch GmbH, Industriestrasse 7 Hall L-South, 2100 Korneuburg email@example.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)
Ordered on (*)/received on (*): ....................................................................
Name of the consumer(s): .....................................................................
Address of the consumer(s): ..................................................................
Signature of consumer(s) (only in case of paper communication): ......................
(*) Delete where not applicable.