AGB & Revocation
General terms and conditions „YOUKON WILDER LACHS GmbH.“
The sales by Mister Franz Josef Ebner, hereinafter referred to as YOUKON WILD SALMON, are made on basis of the following General Terms and Conditions. Any opposing conditions of business or purchase by the contractual partner (CP) are herewith expressly objected to; they do not become part of the contract even if they are included in order confirmations. If and when these GTCs refer to natural persons only in the male form, they refer to women and men equally. Yukon Wild Salmon is authorised to change these general terms and conditions unilaterally, if and when this is necessary for eliminating subsequently arising equivalence mandates or for adapting to changed legal or technical framework conditions. The customer will be notified of any changes to the customer's last known email address, specifying the content of the changed provisions. The change becomes part of the contract, if and when the customer does not object to its inclusion into the contractual relationship in written or text form within six weeks after receiving the change notice.
I. Contract conclusion:
1. The CP YOUKON WILD SALMON shall keep the order open for 30 days, not including mailing time. The products illustrated in the webshop do not constitute an offer in the legal sense. These are merely intended as product information and as an invitation to the customer to submit an offer himself. The customer submits the binding offer himself by placing the order.
2. Orders are only deemed to have been accepted if and when the CP receives the written order confirmation,
the invoice or the delivery.
3. Any offers by YOUKON WILD SALMON are non-binding.
4. To become effective, changes and amendments require written confirmation;
by YOUKON WILD SALMON.
II. ORDER PROCESS:
1. In the overview of the webshop's product range, the customer can place the requested items into a shopping cart by himself. The selected items will be temporarily stored in the shopping cart during the customer's visit. By clicking the button ""Continue shopping"", the customer can continue browsing the range of goods and select products. By clicking the button ""To shopping cart"" the customer will get an overview of the products selected by him. A click on the button ""continue to order"" causes the order process to continue. In order to continue, the customer must register or, if already registered, login with his login details. Login takes place by means of email and password, which the customer chooses himself.
2. Then the customer selects the preferred payment method. Before submitting the order, the data relevant to the order will be summarised in an order summary. The customer can check his order and details in the order summary once more and correct them if necessary, before sending the order to YOUKON WILD SALMON by clicking the button ""ORDER AND PAY"". This then becomes a binding contract offer (order).
3. The prices listed are in Euro, excluding statutory VAT, including glass and packaging. Not included in the listed prices are shipping costs, which are indicated separately. More details about the amount of shipping costs will be provided to the user in the course of the order. The respective applicable VAT is included in the shipping costs. Printing errors and mistakes excepted. The most recent order voids all previous offers.
4. Deliveries and declarations of intent are made legally effective to the address indicated by the customer in the order, until written notification of a different address. The customer is obligated to enter the relevant details requested in the form correctly and in full on conclusion of contract. In case of incorrect, incomplete and unclear details provided by the customer, he shall be liable for all and any costs incurred by YOUKON WILD SALMON as a result of this. In case of other damages, the customer is obligated to promptly give due notice of any changes to the name, the address or change of residence in writing. In case of failure to do this, any written notification made to the customer's most recently stated address, shall be deemed as meeting the requirements for effective delivery.
III. ORDER CONFIRMATION
After receiving the order, YOUKON WILD SALMON will send a confirmation email to the email address provided by the customer. This automated notification confirms that the order has been received. The confirmation of receipt does not yet constitute a binding acceptance of the order. A contract comes about only with acceptance of the order by YOUKON WILD SALMON. Unless otherwise expressly agreed, the order confirmation also takes place by electronic means to the email address provided by the customer.
Deliveries within Austria and Germany are made to the address provided by the CP, otherwise to the place of business of the CP.
Delivery costs for deliveries within Austria and Germany per delivery address:
up to a net sales value of €100.00 excl. VAT
€ 13.50 delivery costs
for net sales values from €100.00 bis €199.00 excl. VAT
€9.90 delivery costs
from a net sales value of €200.00 excl. VAT
freight paid /no delivery costs
- for shipping to other EU countries, the costs vary between € 26.00 and € 30.00 per individual delivery (please enquire).
- the delivery and duty costs for deliveries to Switzerland are € 75.00 per individual delivery (delivery time 1 workdays)
- for delivery costs to all other countries, please ask YOUKON WILD SALMON before ordering
- for vouchers, delivery costs of the recipient country (voucher) will be charged per voucher.
V. IMPORT AND CUSTOMS REGULATIONS, EXPORT PROVISIONS:
When ordering, the customer must keep in mind the import and customs regulations of the respective country. He himself shall bear the risk for all consequences arising from impermissible commercial shipments to abroad, non-compliance with the import and customs regulations of other countries (including transit regulations), from incorrect or insufficient issuing of the customs declaration, the green customs slip or other accompanying documents as well as non-compliance with the applicable export provisions. This also applies to any damages the sender incurs by losing the right to replacement, if the shipment is confiscated by the customs authorities of a foreign country. It is the responsibility of the customer to obtain this information from the recipients of the shipments, the agencies abroad representing the destination and/or transit countries, the foreign trade authorities, the chambers of industry and commerce or other authorities.
VI. DELIVERY DATE, TRANSFER OF RISK:
1. Delivery dates are binding for YOUKON WILD SALMON only if this has been expressly noted on the order form or confirmed in writing by YOUKON WILD SALMON.
2. YOUKON WILD SALMON is not responsible for any delivery impediments which are located in the sphere of suppliers or manufacturers. In case that delivery is impossible through no fault of YOUKON WILD SALMON, the same shall be authorised to withdraw in full or in part from the contract, of which the customer will be promptly informed. Any damages are excluded. The customer, when receiving the goods, shall ensure that only he himself or, if necessary, authorised persons accept the goods.
3. The title shall pass to the haulier/carrier upon handing over of the contract goods, if the purchase is an enterprise related deal for both parties. If and when YOUKON WILD SALMON sends the goods to a consumer, the risk of loss or damage to the goods only passes on to the consumer as soon as the goods are delivered to the consumer, or to a third party other than the carrier as specified by the consumer. If, however, the customer has concluded the contract of carriage himself, without having made use of an option as proposed by YOUKON WILD SALMON, then the risk shall pass on to the carrier already with delivery of the goods.
VII. RETENTION OF TITLE:
1. The delivered goods, until complete compliance with all claims by YOUKON WILD SALMON from the business relationship with the CP - regardless of their legal basis and their time of origin - shall remain in ownership of YOUKON WILD SALMON; this applies in particular also until any current account balance has been settled or in case of the acceptance of cheques until their final encashment without possibility of recourse.
2. In case of resale of the goods delivered under reservation of title, the CP assigns already now the price to be received by the buyer to YOUKON WILD SALMON by way of constructive possession of chattels based on agreement. The CP is authorised to dispose of the goods under retention of title in case of resale with sending the purchase price, only on the condition that at the same time as the resale he notifies the secondary buyer of the assignment for security or notes the assignment in his business records.
3. In case of replacement deliveries, YOUKON WILD SALMON and the CP agree that the ownership of the replacement deliveries passes to YOUKON WILD SALMON until irretrievable payment of the price.
VIII. DEFAULT BY THE CONTRACTUAL PARTNER:
1. CP is obligated to accept the goods immediately after notification of provisioning or delivery. As the goods are fresh produce, YOUKON WILD SALMON is authorised to sell the goods elsewhere in case of refusal of acceptance and the CP shall be liable for any damages resulting from this.
2. In all other respects, the statutory default provisions apply. From the second reminder, YOUKON WILD SALMON is authorised to claim collection costs. For every reminder, the customer shall pay EUR 10.00 and for keeping file of the debt obligation in arrears billing EUR 40.00. If it is a consumer business, a statutory default interest rate of 4% per year applies from the day the deadline for payment is missed. For transactions between two contractors, the statutory default interest rate of 9.2 percentage points above the basic interest rate applies.
IX. NOTICE OF DEFECTS, WARRANTY, DAMAGES:
1. If the purchase is an enterprise related transaction for both parties, the delivered goods shall be inspected immediately upon delivery with the care as required by §§ 377f UGB (Austrian Commercial Code) and any identifiable defects be noted in detail on the delivery note or consignment note under exclusion of any other claims. If on acceptance immediate inspection is not possible, this circumstance, under exclusion of all other claims, must be noted on the delivery note or consignment note and any defect identifiable during subsequent inspection must be reported in writing and in detail within two workdays from delivery.
2. If the delivery is demonstrably defective or if defects appear within the warranty period, the CP shall initially be entitled only to free correction or replacement delivery within a reasonable period. Any warranty is excluded if the defect is caused by the customer or damage has occurred due to incorrect use by the customer.
3. The CP waives any damages including consequential harm caused by a defect, unless he proves that YOUKON WILD SALMON has committed flagrantly gross negligence or intent; the CP further waives any product liability claims for property damage. This does not apply to personal damage.
4. The CP, due to claims asserted from the title of the warranty, the damages or the product liability or other legal bases, is not authorised to withhold payments. The due date for claims invoiced is not affected by asserting such rights.
5. YOUKON WILD SALMON points out that the products and packagings shown in the webshop may differ from the delivery. No warranty claims or claims for damages accrue to the customer from this, as long as the product selected in the webshop is actually delivered.
In the absence of any special written agreement, payments are to be made within 14 calendar days after the invoice date without deductions. Bills and cheques are accepted only following special agreement and only as payment, if the financial institute has confirmed the acceptance. Discounts and expenses shall be borne by the CP. These are to be paid immediately by the CP. For cheques and transfers, every day with which the financial institute carries out the credit note for YOUKON WILD SALMON is decisive.
XI. RIGHT OF SET-OFF, RIGHT OF RETENTION:
The customer is not authorised to offset against claims by YOUKON WILDER LACHS, unless the customer's counterclaims are established as final and absolute, or are undisputed. The customer is also authorised to offset against claims by YOUKON WILD SALMON, if he asserts notices of defect or counterclaims from the same purchase agreement. The customer may exercise a right of retention only if his counterclaim is based on the same purchase agreement.
XII. BUSINESS LICENSE:
The CP assures to meet the legal, in particular those as mandated by trade law, requirements
for the sale of salmon.
XIII. INTELLECTUAL PROPERTY:
All texts, documents, images, graphics, audiovisual files and further data provided on this website are protected by copyright. The contents of this website must not be copied, distributed, changed or made accessible to third parties without the prior, written consent by YOUKON WILD SALMON. Any use, also in parts, without the consent of YOUKON WILD SALMON is prohibited.
XIV. DATA PROTECTION:
The personal data provided by the customer during the order process are processed for the purpose and for the duration of order processing. Customers can find further information about data protection in the data privacy statement by YOUKON WILD SALMON .
XV. GENERAL REMARKS:
1. Place of performance for all goods and services from this contract vis-a-vis merchants is Salzburg.
2. Any deviations from these terms require our
express written confirmation in order to be effective.
3. The written form is agreed. This also applies for departing from the requirement for the written form.
4. The voidness of individual provisions shall not affect the remaining provisions, void provisions shall be replaced by the provisions that come the closest to the commercial intent.
5. As place of jurisdiction, the court with subject-matter jurisdiction in the city of Salzburg is agreed. YOUKON WILD SALMON is, however, authorised to file a suit against the CP also against his place of business with the court with subject-matter jurisdiction.
6. The parties agree that Austrian law applies to all contractual agreements, as well as to the legal effect of these agreements; the provisions of the UN Convention on Contracts for the International Sale of Goods and the conflict of law rules do not apply.
XVI. YOUTH PROTECTION:
The release of alcohol to youth below the age of 18 years is legally prohibited. Our alcohol offer is thus aimed exclusively at adults. With your order, you confirm that the recipient is older then 18 years.
You have the right to cancel this contract within 14 days without stating reasons.
The cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, has/have taken ownership of the goods.
In order to exercise your cancellation rights, you must inform us, Youkon Wilder Lachs e.U., Austria, Römerstrasse 8, A - 5322 Hof b. Salzburg, Fax: 0043 (0) 6227 / 39 999 – 14, Email: email@example.com by means of an unambiguous declaration (e.g. a letter sent by mail, telefax or email) of your decision to cancel this contract. You may use the attached cancellation template, which however is not mandatory.
In order to preserve your cancellation right it is sufficient that you send off the message regarding the exercise of the cancellation right before the cancellation period expires.
Consequences of cancellation:
If you cancel this contract, we are obliged to refund you all payments we have received from you, including delivery costs (excluding additional costs arising from you selecting a different delivery mode than the lowest-priced standard delivery offered by us) immediately and no later than within fourteen days from the day on which we received the message regarding your cancellation of the contract. To make the refund, we will use the same payment method as the one you used for the original transaction, unless otherwise expressly agreed with you; in no case will you incur any fees as a result of this refund. We can refuse the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever comes first.
You must return or hand over to us the goods without delay and in any event no later than within fourteen days from the day on which you informed us of the cancellation of this contract. The deadline is deemed to have been met if you send off the items before expiration of the period of fourteen days.
You shall bear the immediate costs for returning the goods.
You must pay for any depreciation of the items only if this depreciation can be attributed to handling the items in a manner not necessary to inspect them for quality,properties and functionality.
Exceptions from the cancellation right:
In case of goods that can quickly spoil or the expiry date of which would quickly pass, the right of cancellation pursuant to § 18 FAGG (Austrian Distance and External Selling Act) is excluded. This also applies to goods that are delivered in a sealed condition, and which for reasons of health protection or hygiene are not suitable to be returned, provided that their seal has been removed after delivery as well as with goods which after their delivery has been inseparably mixed with other goods due to their nature.
In addition, a cancellation right for contracts for the delivery of goods, which are not prefabricated and for the production of which an individual selection or decision by the consumer is decisive or which are clearly customised to the personal requirements of the consumer, is excluded.