General terms and conditions

Status April 2019 

  1. Validity

The following General Terms and Conditions (in short "GTC") apply to all purchase contracts between Robert Schwemmer (SilentFiber) and a consumer or entrepreneur (in short "contracting party") in the version valid at the time of the order.

  1. Conclusion of a contract, storage of the contract text

2.1. The following regulations on the conclusion of the contract apply to orders placed via our webshop on the website www.silentfiber.net.

2.2. In case of conclusion of the contract, the contract is concluded with Robert Schwemmer (SilentFiber).

2.3. The presentation of the goods in our Internet store does not constitute a legally binding contractual offer on our part, but is only a non-binding invitation to the contractual partner to order goods. By ordering the desired goods, the contractual partner submits a binding offer to conclude a purchase contract.

2.4. The contractual partner makes a binding offer to enter into a contract by successfully completing the order procedure provided in our Internet store.

The order is made in the following steps:

  1. Click on "Shop" on the home page
  2. Selecting the product
  3. Select product by clicking "Add to cart
  4. Check shopping cart
  5. Pressing the "Proceed to checkout" button
  6. Entering addresses and payment information
  7. Re-checking or correction of the respective entered data
  8. Binding submission of the order by clicking the button "Order subject to payment".

Before the binding submission of the order, the contracting party may, after checking its details, return to the Internet page on which the contracting party's details are recorded and correct input errors or cancel the order process by closing the Internet browser by pressing the "back button" contained in the Internet browser used by it.

We confirm the receipt of the order immediately by an automatically generated e-mail ("confirmation of receipt").

2.5. After receiving your order, we will send you the order data and our GTC by e-mail. You can also view the GTC at any time at www.silentfiber.net. For security reasons, your order data is no longer accessible via the Internet, but is stored electronically by us.

2.6. The purchase contract is concluded with the transmission of an order confirmation, at the latest, however, with the delivery of the ordered goods.

  1. Prices, shipping costs, payment

3.1. The stated prices are in EURO and include the statutory VAT and other price components. Any shipping costs as well as customs or other import duties must be added.

3.2. The contracting party has the option of payment by direct bank transfer, credit card, purchase on account or PayPal.

Our account details:
Savings Bank Upper Austria
SilentFiber Robert Schwemmer
IBAN: AT50 2032 0321 0045 2659
BIC: ASPKAT2LXXX

  1. Delivery

4.1. The delivery of the ordered goods is regularly carried out by shipping. The costs of shipping shall be borne by the contractual partner.

4.2. Unless we have clearly stated otherwise in the product description, all items offered by us are ready for immediate shipment. Delivery here takes place within 7-10 working days. In this case, the deadline for delivery begins to run on the day after the conclusion of the contract. If the deadline falls on a Saturday, Sunday or public holiday at the place of delivery, the period ends on the next working day.

4.3. Delivery may be delayed in the case of goods to be made. The contract partner will be informed about the planned delivery.

4.4. The risk of accidental loss and accidental deterioration of the sold The risk of accidental loss and accidental deterioration of the item shall not pass to the contractual partner until the item has been handed over to the contractual partner, even in the case of a mail-order purchase. If the contractual partner is an entrepreneur, the risk of accidental loss and accidental deterioration of the sold item in the case of a mail order purchase shall already pass to him upon notification of readiness for dispatch and delivery.

4.5. If a package is obviously damaged during delivery, the contractual partner must insist that this circumstance is recorded in writing by the delivery agent. The contracting party must notify us in writing (by mail or e-mail) of any damage to a product within 7 days.

4.6. If the goods are delivered by a forwarding agent, the contract partner must check the condition of the goods immediately upon delivery. If the goods are damaged, the contractual partner must insist that this circumstance is documented in writing by the deliverer. The contractual partner must notify us in writing (by mail or e-mail) of any damage to a product within 3 days in the case of shipping by a forwarding agent.

  1. Retention of title

We retain title to the goods until the purchase price has been paid in full.

  1. Right of withdrawal of the consumer

If the contractual partner is a consumer, he shall have a right of revocation.

Cancellation policy

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.

To exercise your right of withdrawal, you must contact us Robert Schwemmer (SilentFiber, Scherfeck 1, AT-5242 St. Johann am Walde, info@silentfiber.net by means of a clear statement (eg a letter sent by mail or e-mail) about your decision to revoke this contract. You can use the attached sample withdrawal form, which is not mandatory.

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you revoke this contract, we shall repay to you all payments that we have received from you, including the delivery costs in the case of delivery by a parcel service (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us, with the exception of the shipping costs in the case of forwarding delivery), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse the repayment until we have received the goods back and inspected them.

You bear the direct costs of returning the goods.

Please use the following address for the return:

SilentFiber
Paul Muekisch
Mosletzberg 4
A - 3040 Neulengbach
0043 680 23 27 352

You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.

End of the cancellation policy

  1. Cancellation form

Sample cancellation form

(If you want to cancel the contract, please fill out and return this form).

To:

Robert Schwemmer (SilentFiber)
Scherfeck 1
AT-5242 St. Johann am Walde
info@silentfiber.net

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 the consumer(s) (only in case of notification on paper)

__________________

Date

__________________

(*) Delete as applicable.

  1. Exclusion of the right of withdrawal

No right of withdrawal exists for

  1. Goods that are manufactured according to customer specifications or are clearly tailored to personal needs,
  2. Goods which, due to their nature, have been inseparably mixed with other goods after delivery,
  1. Warranty and compensation

9.1. A warranty claim is excluded, unless otherwise stipulated by mandatory consumer protection regulations.

9.2. We assume no liability for damages, in particular not for indirect damages or lost profits, nor for warranty or product liability, unless otherwise provided by mandatory consumer protection laws.

9.3. If we are liable for damage according to the statutory provisions, our liability is limited to intent and gross negligence. Our liability is limited to the amount of the specific contractual remuneration. Any further liability is excluded, unless consumer protection regulations provide otherwise.

9.4. We assume no liability for the timeliness, accuracy, completeness and content of the information provided.

9.5. The photographs contained in the product description are only exemplary. Due to the uniqueness of the products or due to the materials used, there may be a color deviation or a slight difference in size between the actual product and its image on the Internet, which, however, does not entitle the contractual partner to make a complaint.

9.6. We do not accept liability for late delivery resulting from circumstances beyond our control (e.g. later production by the designer in the case of unique pieces).

9.7. We shall not be liable in the event of allergies or intolerances of the contractual partner to any component of the raw materials used in our products. An allergy or intolerance of the contractual partner does not entitle him to make a complaint.  

  1. Set-off, retention

A set-off of claims of the contracting party against our claims of the as well as a possible right of retention are excluded, provided that from compelling consumer protection-legal regulations does not result differently.

  1. Applicable Law, Place of Jurisdiction, Place of Performance, Written Form

11.1. Insofar as mandatory statutory provisions do not conflict therewith, Austrian law shall expressly apply; the application of the UN Convention on Contracts for the International Sale of Goods is expressly excluded.

11.2. In the event of disputes, the place of jurisdiction shall be the court with subject-matter jurisdiction at the registered office of Robert Schwemmer (SilentFiber).

11.3. Place of performance is the registered office of Robert Schwemmer (SilentFiber).

11.4. Amendments and supplements to this contract must be made in writing; this also applies to subsidiary agreements and subsequent amendments to the contract, as well as to any waiver of the written form requirement.

  1. Contract language

Only German is available as the contract language.

  1. Severability clause

Should any provision in these General Terms and Conditions be or become invalid, this shall not affect the validity of the other provisions. The invalid provision shall be replaced by a valid provision that comes closest economically and legally to the provision to be replaced.