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General Terms & Conditions


Hiki Versand GmbH
Managing Director Heike Schatz & Ulf Seemann 
Mistlberg 100 
4284 Tragwein
Austria
Tel.:  0043 (0) 7263-880990 
Fax.: 0043 (0) 7263-880998
E-mail: office@hiki.at
Tax ID AT: ATU 51047308

FN 160518g with Linz Regional Court

General Terms & Conditions (GTCs) for Consumer Transactions

§ 1 Scope of Application
1. The General Terms and Conditions (hereinafter: GTCs) listed below contain the conditions that apply exclusively in transactions between the Customer as consumer and HiKi Versand GmbH, Mistlberg 100, 4284 Tragwein, owner: Günter Hiesberger (hereinafter: Vendor), unless the parties to the agreement make explicit changes to them in writing. The entire contractual performance is subject to these GTC. 
2. We hereby explicitly oppose any application or inclusion of the Customer's own GTCs. Should the Customer's GTCs explicitly oppose these terms and conditions, only those clauses will remain an integral part of the contract which are in compliance herewith. All other terms and conditions will not become part of the contract without the rest of the contract becoming ineffective.
3. Amendments and revisions to these GTCs will only become an integral part of the contract if these are communicated to the Customer in writing or in text form and the Customer does not explicitly oppose them, at least in text form, within four weeks commencing from receipt of the new GTCs.

§ 2 Offer and conclusion of contract
1. The representation of the products in the online shop does not constitute any form of legally binding offer, but rather an invitation to place an order. All offers are valid "while stocks last" unless otherwise indicated for the individual products. Errors excepted. 
2. By entering your data and clicking the button [Buy] you place a binding order for the goods listed on the order page. However, you may also place a binding order in person, in the showroom of HiKi Versand GmbH in Tragwein, by telephone, by fax or by completing the order card. 
We are entitled to accept your offer within 3 days by sending an order confirmation. Should the deadline named in Sentence 1 lapse without response, your offer will be deemed to have been declined, i.e. you will no longer be bound by your offer. In the case of an order placed by telephone or in person, the purchase contract will come into effect when we accept your offer immediately. You will no longer be bound by your offer if we do not accept your offer immediately.
For orders placed by persons under the age of 18 we require the signature / consent of a parent or legal guardian.   

§ 3 Right of cancellation (for consumers only)

You are entitled to cancel your purchase within 30 days without giving any reason. The cancellation period will commence 30 days from the day on which you, or a third party nominated by you who is not the carrier, take(s) receipt of the goods.

You may make use of your right of cancellation by making an explicit declaration (by telephone, fax or e-mail) of your decision to withdraw from this agreement to us (HiKi Versand GmbH, Mistlberg 100, A-4284 Tragwein, Tel.: 0043 (0) 7263 88099-0, Fax: 0043 (0)7263/88099-8, ruecktritt@hiki.at).

We provide a convenient means for this in your customer area directly after your order. You may also make use of the cancellation form enclosed below for this purpose. We will send you an immediate confirmation of the receipt of any such cancellation.

 

Should you cancel the agreement, we are bound to refund to you all payments that we have received from you, including costs of delivery (excepting any additional costs resulting from your choice of a method of delivery differing from the most favourable standard delivery offered by us), within a maximum of fourteen days from the day on which we received the notification of your cancellation. We will use the same means of payment for the refund that you used for the original transaction unless otherwise explicitly agreed with you; under no circumstances will fees be charged to you for this refund.

We may refuse to refund the payment until we have received the goods back from you or until you have provided evidence that you have returned the goods to us, whichever is the earlier date.

You must return, or hand over, the goods to us immediately, in all cases within three days at the latest after you have notified us of the cancellation of this agreement. The deadline is deemed to be observed if you despatch the goods before the period of thirty days expires.

You must only cover any loss in value of the goods if the loss in value can be attributed to unnecessary handling of the goods in order to inspect their nature, properties and manner of operation.


The right of cancellation does not apply for the following agreements:
a) the delivery of goods that are made to the customer's specifications or are clearly tailored to the customer's personal requirements, which are not suitable for return due to their condition or which can easily perish or whose expiry date has passed;
b) the delivery of audio or video recordings or software if the seal on the data storage media supplied has been broken by the consumer;
c) the supply of journals, newspapers and illustrated magazines.

 

Cancellation form

 

If you wish to cancel the agreement, please complete and return this form.

 

To:

HiKi Versand GmbH

Mistlberg 100

A-4284 Tragwein

Fax.: 0043 (0) 7263/88099-8

ruecktritt@hiki.at

 

 

I/we ____________________________________________________________ herewith cancel

 

the agreement concluded by me/us for the purchase of the following articles:

 

Order no.

Article description

Price €

     
     
     
     
     

 

 

Ordered on _________________________________________

Received on _________________________________________

 

 

 

Customer no. _____________________________________________________________

Name _____________________________________________________________

Address _____________________________________________________________

 

 

 

 

__________________________

Date, signature

 

Download PDF here...

 


§ 4 Prices, delivery and shipping costs
1. The price offered at the time of the order is binding.
2. Payment of orders is by credit card, PayPal, instant transfer (Sofortüberweisung) or payment in advance.
3. All prices indicated include the statutory rate of VAT (sales tax). Any additional costs for delivery and shipment are not included in the prices.
4. Delivery information
We deliver to the following countries:
Austria, Germany, Belgium, Netherlands, Luxembourg, Denmark, Slovakia, Czech Republic, Hungary, Slovenia, Finland, France, Great Britain, Italy, Spain, Sweden, Croatia, Estonia, Poland, Liechtenstein, Malta, Lithuania, Switzerland.

 

Terms of delivery


DELIVERIES TO FOLLOWING COUNTRIES
Belgium, Netherlands, Luxembourg, Denmark, Slovakia, Czech Republic, Hungary, Slovenia, Finland, France, Great Britain, Italy, Spain, Sweden, Croatia, Estonia, Poland, Liechtenstein, Malta, Lithuania:

Shipping costs for these countries are € 9.90

 

PARCELS EXCEEDING 32 KG:

The actual cost of carriage will be charged for parcels exceeding 32 kg. The carrier will contact you prior to delivery to arrange a delivery time.
5. Previously valid prices indicated in our catalogue or webshop are the manufacturer's recommended retail price or our former selling price.

6. Slight differences between the format, colour or characteristics the of goods and the illustrations (catalogue / webshop / brochures / newsletter) are sometimes unavoidable.
 
§ 5 Delivery and transfer of risk
1. As a general rule, goods are delivered by post. Delivery dates and delivery periods are only non-binding unless explicitly confirmed by us in text form (letter, fax, e-mail etc.). If the Customer needs to provide documents for delivery, it should be noted that delivery periods may be prolonged accordingly if the documents are not sent on time.
2. In the event of a supply bottleneck on the part of a supplier, or if the articles cannot be obtained from another source, the Vendor reserves the right to supply articles of a comparable price and quality. In this case the Vendor must inform the Customer immediately.
3. The Vendor may perform partial delivery and partial billing insofar as this is reasonable for the customer. Any additional costs that may be incurred by this will be borne by the Vendor. 
4. The risk of deterioration and accidental loss will only pass to the Customer when the goods are handed over. 

§ 6 Terms of payment
1. A choice of the following means of payment are offered to you depending on the country of the delivery address: by credit card, PayPal or instant transfer (Sofortüberweisung).

2. Should you choose payment by credit card, PayPal or instant transfer (without additional charges) in our webshop at www.hiki.eu, or in our retail store in Tragwein, Austria, your account will be debited when the order is accepted.

3. If you have not paid for the goods in full and you change your place of residence, you are obliged to notify us of your new address within 14 days. Failure to do so will make you liable to bear any additional costs incurred. Our legal declarations sent to the address last communicated to us will be deemed to have been delivered.


§ 7 Reservation of title
The delivered goods remain the property of the Vendor until full payment has been made.


§ 8 Warranty
Warranty is provided in accordance with legal provisions. Please refer to the product documentation for any additional manufacturer warranties 
Customer service:
You can reach our customer service for questions, claims or complaints from Monday to Friday between 9:00 a.m. and 6:00 p.m. under telephone number 0043 (0) 7263/880 990 and by e-mail at office@hiki.at.

§ 9 Liability
1. The Vendor will only be liable for damage other than damage arising from injury to life, body or health where it is the result of deliberate or grossly negligent actions by the Vendor, the Vendor's legal representative or agent.
2. In accordance with current technology, data communications over the Internet cannot be guaranteed to be error-free and/or available at all times. The Vendor can therefore not be held liable for the permanent and uninterrupted availability of the online trading system or for technical or electronic errors during the sales transaction over which the Vendor has no influence, particularly for any delayed processing or delayed acceptance of offers.

§ 10 Data protection regulations
1. The Customer's personal details are collected and processed solely in accordance with the provisions of the Federal Data Protection Act (Bundesdatenschutzgesetz – BDSG) and the Teleservices Act (TMG). All data obtained from the Customer and relating to the contractual relationship such as personal data or data regarding method of payment are only captured, processed, used and disclosed to authorised partners where this is necessary and appropriate on the grounds of and for the performance of the contractual relationship between the Customer and the Vendor. In the case of agreements for electronic business transactions, the text of the contract will be stored by the Vendor following conclusion of the agreement and will only be accessible to employees who are concerned with processing the agreement. The data may also be used for the Vendor's own marketing purposes. The Customer has the possibility to oppose this use in accordance with Section 2.
2. The Vendor would like to point out before the Customer transfers personal data that the Customer must consent to the transmission of data and may cancel this consent at any time with effect for the future. Cancellation can be made in text form or in any other form.
3. When the Customer subscribes to our newsletter we will store the e-mail address for the purpose of advertising and market research until the Customer unsubscribes.
4. You are entitled at all times to information about as well as correction, locking and, where necessary, deletion of the data that we store on you. Please contact office@hiki.at or send us your request by post or fax.
5. We store your order data and will be happy to send these to you on request by e-mail together with our GTCs. You may view your order data in our customer login area. Furthermore, you can access our General Terms and Conditions at www.hiki.eu. 

+§ 11 Final provisions
1. Individual agreements between the Customer and Vendor have priority over these GTCs.
2. The laws of the Republic of Austria will apply. This does not affect mandatory provisions of the country of the Customer's usual place of residence.
3. The place of fulfillment is the Vendor's place of business; place of jurisdiction is the Regional Court in Linz/Austria.

 

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