Terms and Conditions

Policies, Terms and Conditions

Sales and delivery conditions

1. Prices

The rates are in euro without liabilities. Offers are subject to the final contract being concluded only by our written order confirmation. If for reasons for which we cannot be held responsible, a change occurs in material cost, we reserve the right to correct the prices accordingly. For the present transaction and all future transactions apply in addition to any special conditions listed in the order confirmation, the following general delivery and payment conditions. Conflicting conditions of contract are invalid.

2. Availability

All orders will only be accepted subject to availability. Events of force majeure, such as strikes, plant closures, breakdowns, wagon or container shortage, track locks, difficulties in breaking work, as well as in the procurement of the necessary raw materials and other contingencies relieve us of the delivery obligations. Stated delivery times are to be regarded as approximate and only begin after clarification of the order. Of course, the delivery times, to the maximum extent possible, are respected on time. We note expressly that we fundamentally reject late payment penalties or other claims due to delayed delivery. The right to withdraw from the contract cannot be derived from a slightly delayed delivery.

3. Packing

Disposable pallets charged as low as possible and not be taken back.

4. Shipping

Shipping is with international freight forwarders.

5. Liability

If a damage of the shipment is found upon arrival, the recipient is obliged to have them immediately confirmed on the bill of lading. When shipped by truck, the accurate extent of the damage shall be recorded. This Protocol shall be signed by the driver.

6. Material characteristics

Samples are non-binding and show only the general appearance of the stone. Small hand-made samples are available for € 36.00, plus 20% VAT Austria and shipping, assuming availability. The amount will be refunded when receiving larger orders. A small stone pattern can never demonstrate all properties and differences in color, drawing, structure, texture and beauty of natural stone. We do not assume liability concerning the color differences, cloudiness, veins, etc., including natural imperfections such as pores, vacancies, confinement, cracks, quartz veins, etc. they do not mean a diminution in the value of the stone. Natural stone slabs such as Solnhofen stone, 10% tolerance are intended and necessary regarding the strength when sorting.

7. Orders must include the exact quantity and size of the desired panels according to plans and sketches, because we can assume no liability for their correctness without this information.

8. Complaints are only considered if they are made within 8 days of receipt of goods. Notwithstanding any complaints our invoices are payable on the due date in the agreed manner.

The buyer has for alleged defects, the right to make claims separately. In the case of a justified complaint, claims for lost wages, lost profits or the like, we do not accept. Examination of the product has always to take place prior to installation. Complaints in already laid material may not be recognized in any case. Solnhofener Natural Stone, as well as other lime stones, is not frost resistant (VOB DIN 18332).

9. Payment

Invoices must be paid within 14 days after delivery, without deduction. Unwarranted discount deductions will be claimed subsequently.

10. Place of performance for delivery and payment is Austria. Place of jurisdiction is Steyr. We recognize the Internet Ombudsman for extra judicial dispute resolutions www.ombudsmann.at

Retention of title

1. The buyer acknowledges that the following retention of title applies to all our deliveries:

2. We maintain the ownership of the delivered goods until full payment has been received of the purchase price and any interest thereon and any other costs.

3. As long as we maintain ownership, any resale, or any kind of working or processing performed by the buyer, as our agent, cannot result in a claim against us.

4. If the buyer sells our goods, or he builds it into a piece of land, he will be responsible for any claim resulting from the sale, or the installation resulting purchase price or factory wage claim resulting from the installation.

The buyer must inform us about this unasked. He is obliged to announce at our request the assignment to the third party and provide us evidence of this. If the assigned claim exceed our claims by more than 20%,

we are committed to release the excessive amount of his claim at the request to the buyer.

5. The buyer is obliged to notify us immediately concerning the access of third persons, reserved delivered goods, or, due to us, demands. He is also obliged to provide us with all information and documentation required to protect our rights. In particular, he has to tell us the names and addresses of debtors of assigned claims and to inform the debtors of the assignment. The buyer is obliged to issue us a certificate of assignment.

6. The retention of title, in accordance with the above provisions, also remains if our request is included in a current invoice and the balance is drawn and recognized.

7. Before payment of due invoices, the seller is not obliged to make further deliveries. If the buyer is in arrears with a payment, the seller may for all, and still outstanding deliveries from all accounts require payment in cash before delivery of the goods.

8. In addition to the information presented on letters of the customer, other conditions and regulations shall be valid only if they are accepted by us in writing. All oral, telephonic and telegraphic statements, and any statements made by our representatives and those taken by these, agreements require our written confirmation.

 

Cancellation and return policy

Consumers are entitled to a right of withdrawal under the following conditions, where consumer is any natural person who enters into a transaction for a purpose that is neither commercial nor their independent vocational activity may be attributed to:

Revocation Withdrawal:

You may cancel your contract within 14 days without giving reasons in writing (e.g. letter, email) or – if the goods have been received before the deadline – by returning the goods. The period begins upon receipt of this notification in writing, but not before receipt of the goods by the recipient (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also does not fulfil our obligations under Article 246 § 2 in connection with § 1 paragraph 1 and 2 draft Law EGBGB, as well as our obligations according to § 312e paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB.

The timely dispatch of the revocation or the goods is sufficient to safeguard the withdrawal period. The withdrawal must be addressed to: Solnhofen natural stone paradise, Diploma-Engineer Inès Hellwig, Kirchgasse 8/2, A- 4400 Steyr, email: info@pierres-de-solnhofen or info@solnhofener-natursteinparadies.com

Consequences of cancellation:

In the event of an effective withdrawal, any mutually received benefits and other advantages (e.g. interest) are to be returned. If you cannot refund us the items received whole or in part, or only in deteriorated condition, you must pay us compensation.

This does not apply if the deterioration of the goods would have been possible by you solely by inspecting the goods as you would have been able to in a retail store. In addition, you can avoid the obligation to provide compensation for any deterioration by the intended use of the item by not taking property of the goods and refraining from doing anything that might affect its value.

Transportable items are to be returned at our risk. You have to bear the cost of return if the delivered goods correspond to the ordered goods and if the price of the returned item does not exceed an amount of 40 euro or if you have provided no contractually agreed partial payment at a higher price of the goods at the time of the revocation. Otherwise, the return is free of charge. No parcels will be picked up. Obligations to reimburse payments must be fulfilled within 30 days. The period begins when you send your cancellation or the goods, to us with their receipt.

The right of withdrawal does not apply to:

  1. to contracts for the delivery of goods that are produced according to customer specifications or clearly

  2. tailored to personal needs or which are not suitable for return due to their condition

 General Information:

  1. Please avoid damaging and contamination of the product. Return the goods if possible in original packaging with all accessories and with all packaging components to us. If necessary, use a protective outer packaging. If you no longer have the original packaging, please provide a suitable package for adequate protection from damage during transit.
  2. Please send the goods if possible free of charge to us. We will refund you on your request in advance for the cost of postage, unless they are to be paid by you.
  3. Please note that the above paragraphs 1-2 are not a prerequisite for the effective exercise of the right of withdrawal.