General Conditions

General Terms and Conditions

1. Validity of the General Terms and Conditions.
The “General Terms and Conditions” is appicable to all contracts and business carried out through the IBL online shop www.ibl.or.at 
Individual terms and conditions only apply to business clients.

2. Conclusion of contract

I.Internet presentation:
 The product presentation on the website does not constitute an offer in the legal sense. It is an invitation to the customer to make an offer himself. The offer in the legal sense gives the customer by making the order.


II Ordering process
The customer can choose between various products in the webshop and add them to the cart by clicking on the shopping cart symbol. In the shopping cart overview the number of ordered articles can be changed. With the "order" button, the customer gets to the order process overview, where you can choose between delivery and pickup. Upon delivery, the customer must enter the shipping address, in the case of a pickup the pickup location will be selected. In the next step, the customer specifies the billing address. In a further step, the customer can recheck his order in the shopping cart, where all ordered items are described in detail and all price information is listed. By clicking on the "continue" button, the customer will be able to select the payment method he wants. When choosing an external payment service, the customer will be redirected to the external website of the respective payment provider
, He can choose between the credit cards "Visa" and "Mastercard", a cash advance and Sofortüberweisung. After express acceptance of the General Terms and Conditions (AGB-s) and by clicking on the button "order for a fee", the customer makes a binding offer to purchase in relation to the goods selected by him.

III. Conclusion of the contract
After making the order, we will send an e-mail to the customer, in which the receipt of the order confirmed and their content with all order data and the terms and conditions and the right of withdrawal is reproduced (order confirmation).
The automatically generated order confirmation does not constitute acceptance of the customer's offer to purchase. We decide to accept the offer at our discretion, we are free to reject orders. The acceptance of the offer can be explained by sending the goods or by an order confirmation in a separate e-mail. In the case of rejection of the contract, the purchaser will be informed immediately by e-mail.

3    Prices

I. The prices quoted are in euros and are given in both net and gross values.

II. Accruing transport or shipping costs are to be borne by the customer. This applies to round-trip shipping.

III. Price mistakes reserved. If the correct price is higher, the customer will be contacted. A contract comes into such a case only if the customer wants to buy for that price. If the correct price is lower, this price will be charged.

4. Due date and retention of title
The purchase price is due before delivery. The retention of title passes to the customer only through physical possession of the goods or a third party named by the consumer.
Exception:

I. The customer picks up the goods directly from us

II. Customer organizes the transport itself (third party).
For pickup the goods will be reserved for you for 5 days - if you need a longer appointment for pickup, we ask you for information.

5. Terms of payment

I. Payment can be made by credit card, by Sofortüberweisung, PayPal and advance payment by bank transfer. In the case of pickup at our location, a cash payment is possible.

II. We reserve the right to exclude individual payment methods or to provide a specific method of payment.

III. The following credit cards are accepted: Visa and MasterCard.

IV. In advance, the customer transfers the invoice amount to our account within 7 days after conclusion of the contract.
The dispatch takes place only after receipt of payment.

6. Shipping costs

The shipping costs are shown separately per order and include the applicable value added tax. They will be announced in the course of the order after notification of the place of delivery, before completion of the order process. The general overview of shipping costs can be found under the link "Shipping and delivery conditions"
.
7. Delivery conditions

I. Unless otherwise agreed, the delivery will be made to the address indicated by the customer.

II. The delivery time is within Austria about 5 working days, to Germany about 7-10 working days. The expected delivery time is stored with each article, by the selection of articles with different delivery times the dispatch can take place in partial deliveries, which have no effect on the actually charged forwarding expenses.
We reserve the right (see right of revocation) a delivery period of max. 30 days to complete. The delivery period starts with the receipt of the payment confirmation. III. If the goods are damaged during transport, the customer must notify the damage to the transport company without delay and assert the damage there. We are not liable for culpable behavior of third parties. This does not apply if the goods are delivered to Germany and the customer is a consumer.


IV. We are not responsible if there are any delivery obstacles in the area of suppliers or manufacturers. If the delivery or the observance of an agreed delivery time is impossible due to circumstances for which we are not responsible, then we are entitled to withdraw from the contract in whole or in part. We will inform the customer immediately. Claims for damages are excluded for this case.
Existing, for us known delivery restrictions, the customer will be informed after the ordering process. Announced delivery dates are non-binding unless agreed otherwise. Force majeure or other unforeseen obstacles in the sphere of the contractor or its subcontractors relieve the contractor of the adherence to the agreed delivery time. Events of force majeure entitle the contractor to postpone the delivery for the duration of the hindrance plus a reasonable start-up time or to withdraw from the contract due to the not yet fulfilled part of the contract, without the contractor being entitled to any compensation claims.

Send by Express Company:

For delivery, the possible and permitted access of heavy trucks is required. If the unloading has been agreed by the contractor, this means the parking of the goods or the object of the contract directly next to the truck and the client has to provide for a suitable parking space. If the unloading is carried out by the contractor or a third party commissioned by him, the resulting costs (for example, crane fee) will be charged separately. Likewise, additional services will be charged separately.


7. Transfer of risk during shipment

For contracts in which the trader sends the goods to the consumer, the risk of loss or damage to the goods passes to the consumer if he or a third party designated by the consumer who is not the carrier has taken possession of the goods Has. However, without prejudice to the consumer's rights vis-à-vis the carrier, the risk passes to the consumer upon delivery to the carrier if the carrier has been instructed by the consumer to transport the goods and this option was not offered by the trader.

8. Cancellation: The cancellation policy and the cancellation form can be found in a separate menu item.

9. Warranty

I. Unless otherwise specified, the general rules apply.


II. The warranty is excluded in case of defects caused by the customer. This is particularly the case with improper handling, incorrect operation or unapproved repair attempts.

III. The shortened period of limitation does not apply to claims for damages of the customer due to injury to life, limb, health or other damages based on a gross negligent breach of duty by us or on a willful or grossly negligent breach of duty by our legal representative or vicarious agents.
Furthermore, the shortened limitation period does not apply to claims for damages due to negligent or intentional breaches of contractual obligations. Significant contractual obligations are obligations whose fulfillment enables the proper execution of the contract in the first place and whose compliance the customer may regularly rely on.

IV. If delivered items have obvious material or manufacturing defects (including transport damage), we ask the purchaser to notify us immediately.

V. Insofar as a manufacturer's warranty exists, the customer must assert claims arising out of this directly against the manufacturer. We are not eligible for these claims


10. Disclaimer


I. Customer's claims against us are excluded unless we or their vicarious agents have acted with intent or gross negligence.

II. Liability shall remain unaffected insofar as damage to life, limb and health are affected, essential contractual obligations are negligently or intentionally violated or if liability is mandatory under the Product Liability Act or for negligence on conclusion of contract or due to other breaches of duty or tort claims for compensation for material damage. Significant contractual obligations are obligations whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the customer can regularly rely.

11. Image Rights

All image rights are with us (www.ibl.at) or our partners. Use without express permission is prohibited.


12. Right of set-off and right of retention

The customer may only set off if his claim is legally established or undisputed. The customer is also entitled to offset against our claims if he complains of defects or asserts counterclaims from the same purchase contract.


13. Privacy Policy: see privacy policy below a separate menu item.

14. Applicable law

Only Austrian law. If the contractual partner is a consumer, the choice of law shall only apply insofar as it does not restrict any mandatory statutory provisions of the state in which he has his domicile or habitual residence.

15. Jurisdiction

For all disputes arising from contracts that are concluded under the terms of these Terms and Conditions, the place of jurisdiction is A-2100 Korneuburg, provided that the customer is not a consumer but a merchant or a legal entity under public law.

16. Alternative dispute resolution pursuant to art. 14 para. 1 ODR-VO

The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to settle disputes in connection with their online order without the intervention of a court. The Dispute Settlement Platform can be reached at the external link https://ec.europa.eu/consumers/odr/.

We want to settle the disagreements on the service provided by us by mutual agreement and out of court. We are ready, but not obliged, to participate in arbitration. Further information on the types of procedure can also be found at www.ombudsmann.at
Our e-mail address: ibl@ib.at

17. Changes to the General Terms and Conditions / Right to Change

We are entitled to unilaterally change these general terms and conditions, as far as this is necessary to eliminate subsequently arising equivalence disturbances or to adapt to changed legal or technical conditions. We will inform the customer about an adjustment by notifying the contents of the amended regulations. The change becomes an integral part of the contract if the customer does not contradict us in writing or in text form within six weeks after receipt of the notice of amendment of the inclusion in the contractual relationship.

18. Severability clause

If any provision of these Terms and Conditions should be ineffective, the validity of the remaining provisions shall remain unaffected.
 

 

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IBL Baustoff + Labor GmbH
Theillissengasse 3
2201 Gerasdorf
AUSTRIA
Tel +43 2246 20 500
FAX +43 2246 20 500 20
ibl@ibl.at
www.ibl.at

Business Hours

Montag - Freitag
7:00 - 17:00 Uhr

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