General Terms and Conditions
General Terms and Conditions of SonnenKlee GmbH
for Deliveries and Services
1. Scope of Application
1.1 These General Terms and Conditions apply to all contracts, deliveries, services, offers and other business relationships of SonnenKlee GmbH with its customers, in the version valid at the time the contract is concluded.
1.2 These General Terms and Conditions apply in particular to orders and engagements placed in writing, by telephone, by email, via enquiry forms or by any other means.
1.3 Any deviating, conflicting or supplementary terms and conditions of the customer shall only become part of the contract if SonnenKlee GmbH has expressly agreed to their validity in writing.
2. Conclusion of Contract
2.1 Unless expressly stated otherwise, offers made by SonnenKlee GmbH are non-binding and subject to change.
2.2 An order, engagement or acceptance of an offer by the customer shall be deemed a binding offer to conclude a contract.
2.3 A contract shall only come into effect upon written order confirmation by SonnenKlee GmbH or upon actual delivery or performance of the service.
2.4 If a specific item or service is not available, the customer shall be informed without delay. Payments already received for contracts not concluded or unavailable items shall be refunded.
3. Prices
3.1 All prices are quoted in euros.
3.2 Unless the offer is addressed to consumers or expressly stated otherwise, prices include statutory VAT.
3.3 In relation to business customers, prices are exclusive of statutory VAT unless stated otherwise.
3.4 The prices stated in the relevant offer, order confirmation or invoice shall apply.
3.5 Costs for transport, delivery, packaging, palletising, special loading services or other ancillary services shall be charged separately unless expressly included in the offer.
4. Delivery, Delivery Dates and Obstacles to Delivery
4.1 Delivery dates and delivery periods shall only be binding if they have been expressly confirmed in writing by SonnenKlee GmbH.
4.2 Partial deliveries are permitted insofar as they are reasonable for the customer.
4.3 Unless otherwise agreed, delivery to consumers shall take place without undue delay, but no later than within 30 days of conclusion of the contract.
4.4 Delays or disruptions in performance due to force majeure or other unforeseeable events for which SonnenKlee GmbH is not responsible shall entitle SonnenKlee GmbH to extend the delivery or performance period by a reasonable time. This applies in particular in the event of natural occurrences, shortages of energy or raw materials, official measures, labour disputes, transport disruptions or comparable events. Where force majeure alone applies, there shall generally be no fault.
4.5 If delivery or performance cannot be provided permanently for reasons beyond the control of SonnenKlee GmbH, SonnenKlee GmbH shall be entitled to withdraw from the contract in whole or in part. Payments already received for services not rendered shall be refunded in such case.
5. Payment
5.1 Unless otherwise agreed in writing, invoices issued by SonnenKlee GmbH are payable within 8 days from the invoice date, without deduction and free of charges.
5.2 Payment shall be made exclusively by bank transfer to the account stated on the invoice of SonnenKlee GmbH.
5.3 Invoices are generally sent by email. If no email address has been provided or electronic transmission is not possible, invoices may also be sent by post.
5.4 SonnenKlee GmbH is entitled to request advance payments, partial payments or partial invoices, in particular for project-related deliveries, custom-made products, larger order volumes or partial deliveries.
5.5 If the customer defaults on payment, SonnenKlee GmbH shall be entitled to charge statutory default interest as well as necessary and reasonable reminder, collection and legal enforcement costs to the extent permitted by law.
5.6 In the event of default in payment, SonnenKlee GmbH shall also be entitled to withhold outstanding deliveries or services until full payment has been made or to perform them only against advance payment. Agreements regarding advance payments, partial invoicing and rights of retention are common in general terms and conditions; statutory default interest may be charged from the day following the due date.
5.7 Bank Details:
Raiffeisenbank Ybbstal
IBAN: AT06 3290 6000 0080 9178
BIC: RLNWATWWWHY
6. Retention of Title
6.1 Delivered goods shall remain the property of SonnenKlee GmbH until full payment of the purchase price and all related costs and charges has been made.
6.2 Retention of title should already be agreed in the contract or in the General Terms and Conditions; a mere reference on invoices or delivery notes is generally not sufficient. For this reason, this provision is expressly included here.
6.3 Pledging, transferring by way of security or otherwise disposing of goods subject to retention of title before full payment is prohibited.
6.4 The commercial resale of delivered goods requires the prior written consent of SonnenKlee GmbH.
7. Warranty
7.1 The statutory warranty provisions shall apply.
7.2 Warranty means liability for defects that already exist at the time of handover. In relation to consumers, this may generally not be excluded or materially restricted to their detriment. For consumer contracts relating to movable goods, the mandatory provisions of the Austrian Consumer Warranty Act (VGG) have applied since 1 January 2022.
7.3 In relation to consumers, the warranty period is generally two years for movable goods and three years for immovable goods, unless mandatory statutory provisions provide otherwise.
7.4 The customer should document obvious transport damage or externally visible damage upon acceptance where possible and notify SonnenKlee GmbH without undue delay. Failure to make such notification shall not affect the statutory warranty rights of consumers.
7.5 In relation to business customers, the relevant statutory duties of inspection and notification of defects shall also apply.
8. Liability
8.1 SonnenKlee GmbH shall be liable for damages in accordance with the statutory provisions.
8.2 In relation to business customers, liability for slight negligence is excluded to the extent permitted by law. This shall not apply to personal injury or to damage caused intentionally or by gross negligence.
8.3 In relation to consumers, limitations of liability shall apply only to the extent permitted by law. Any exclusion of liability for personal injury is generally invalid; warranty claims may likewise not simply be reduced or excluded within the scope of consumer protection law.
9. Image Rights and Documents
9.1 All image rights, product photos, graphics, texts, documents, planning documents and other content provided by SonnenKlee GmbH or its partners shall remain with SonnenKlee GmbH or the respective rights holder unless expressly agreed otherwise.
9.2 Any use, reproduction, publication or disclosure without express written consent is prohibited.
10. Right of Withdrawal for Consumers in Distance Contracts
(retain this section only if SonnenKlee also concludes contracts with consumers by telephone, email, form or other means of distance selling)
10.1 In principle, consumers have the right to withdraw from distance contracts within 14 days without giving reasons. This right of withdrawal applies not only to webshop purchases, but generally to distance contracts.
10.2 In the case of sales contracts for goods, the withdrawal period generally begins on the day on which the consumer, or a third party designated by the consumer who is not the carrier, takes possession of the goods. In the case of services, the period generally begins on the day the contract is concluded.
10.3 To exercise the right of withdrawal, the consumer must inform SonnenKlee GmbH by means of a clear declaration of the decision to withdraw from the contract.
10.4 In the event of an effective withdrawal, payments made by the consumer, including the costs of standard delivery, shall be refunded within 14 days. Repayment may be refused until the goods have been received back or proof of return has been provided.
10.5 The consumer shall bear the cost of returning the goods if they were properly informed of this before the contract was concluded; otherwise, the trader shall bear the cost. In the case of goods that cannot normally be returned by post, the specific amount of return costs must be stated.
10.6 The consumer shall only be liable for any diminished value of the goods if this is due to handling that was not necessary to examine their nature, characteristics and functioning.
10.7 If no proper notice of the right of withdrawal is given, the withdrawal period shall generally be extended by 12 months.
10.8 The right of withdrawal does not apply in the legally stipulated exceptional cases, in particular for perishable goods, goods made to customer specifications, or sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
Notice of withdrawal to be sent to:
SonnenKlee GmbH
Abetzdorf 2
A-3331 Kematen/Ybbs
Email: office@sonnnenklee.at
Phone: +43 7448 21932
11. Contract Language, Governing Law and Jurisdiction
11.1 The contract language is German.
11.2 Austrian law shall apply, excluding the conflict-of-law rules of private international law and excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Especially in the case of international sales and contracts for work and materials between businesses, the CISG should be expressly excluded if it is not intended to apply.
11.3 In relation to consumers, this choice of law shall apply only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence.
11.4 For disputes with business customers, the court having subject-matter jurisdiction at the registered office of SonnenKlee GmbH shall be agreed as the place of jurisdiction, to the extent permitted by law.
11.5 In relation to consumers, the statutory provisions on jurisdiction shall apply. In consumer contracts, jurisdiction agreements to the detriment of the consumer generally cannot be freely agreed in advance; under certain conditions, consumers may also sue the trader at their place of residence.
12. Provider
SonnenKlee GmbH
Abetzdorf 2
A-3331 Kematen/Ybbs
FN 433689 d, Regional Court of St. Pölten
VAT No.: ATU69566926
EORI: ATEOS1000085343
