General terms and conditions
1. General
These General Terms and Conditions (“GTC”) apply to all purchases and delivery contracts that customers, i.e. consumers within the meaning of the Consumer Protection Act (KSchG), conclude with us, MY PELLETS HANDELS GmbH, A-8552 Eibiswald, Hoermsdorf 190 (“we”). Consumers within the meaning of the KSchG are people for whom the transaction concluded is not part of the operation of a company they run.
Operator of the online shop
My Pellets Handels GmbH
A-8552 Hörmsdorf 190
T: +43 3466 42704
E: premium@mypellets.at
W: www.mypellets.at
Company register No.: FN 390472z
Company register court: ZRS Graz
UID-no: ATU67640635
Managing Director: Matthias Kroell
2. Essential characteristics of the products
2.1. We offer wood pellets, in particular under the brand “MY PREMIUM PELLETS”, according to the ENplus AT312 certification (meeting the standard EN ISO 17225-2) both loose and in bags.
2.2. Note: Wood pellets may only be used in approved, suitable fireplaces, in compliance with the manufacturer’s instructions and legal regulations. Wood pellets should be stored in a dry place. Storage rooms must be ventilated. When filling the storage room with a transport vehicle, do not use a hose length longer than 30 m.
3. Company name, contact details
MY PELLETS HANDELS GMBH-AUT 8552 EIBISWALD HOERMSDORF 190 – FBN 390472z LG f. ZRS Graz – Tel.: -43 3466 42704 – premium@mypellets.at
4. Prices
4.1. The prices per unit of measurement announced to the customer before conclusion of the contract apply (for loose wood pellets: per kilo or tonne; for wood pellets in bags: per delivery unit). The prices announced are gross prices including sales tax. We are entitled to charge the customer a flat rate for filling costs per filling point or filling process as well as the resulting freight, delivery or shipping costs; the customer will be informed of the amount before the contract is concluded.
5. Payment, delivery and performance conditions
5.1. The products are delivered to the agreed delivery address.
5.2. When delivering loose wood pellets, the quantities relevant for billing are determined using a calibrated weighing system attached to the transport vehicle.
5.3. The customer is liable for the proper condition of the storage room or storage tank or other filling equipment into which we fill the delivered wood pellets, as well as the accuracy of the information about their capacity.
5.4. The delivered goods remain our property until the purchase price, including agreed freight, delivery and shipping costs, has been paid in full. If the delivered goods are combined with the customer’s own items by mixing, e.g. in a tank, the mixed product will be co-owned by us and the customer in proportion to the mutual shares of value until the purchase price has been paid in full.
5.5. Unless otherwise agreed, we are obliged to make the goods available for collection ourselves without unnecessary delay, but in any case not later than 30 days after conclusion of the contract, or – if delivery of the goods has been agreed – to deliver them to the customer. If the customer does not accept the goods provided or delivered as agreed, we are entitled to reimbursement of the expenses incurred as a result of the customer’s delay in acceptance, in particular additional filling, storage and transport costs. Deliveries are generally carried to the curb or to the first lockable door.
5.6. Online orders must be paid immediately via the payment systems offered by the ERSTEBANK Group.
6. Right of withdrawal in accordance with the Distance and Away Business Act (FAGG) If the customer has concluded the contract via distance selling or outside our business premises, they are entitled to withdraw from the contract under the following conditions
6.1. The customer has no right to withdraw from contracts for goods that, after delivery, were inseparably mixed with other goods due to their nature.
6.2. Otherwise, customers have the right to withdraw from contracts without giving reasons. The cancellation period is 14 days and begins
6.2.1. . on the day on which the customer or a third party named by the customer who does not act as a carrier acquires possession of the goods;
6.2.2. . if the customer has ordered several goods as part of a single order, which are delivered separately, on the day on which the customer or a third party named by the customer and not acting as a carrier acquires possession of the goods delivered first,
6.2.3. if goods are delivered in several partial shipments, the day on which the customer or a third party named by the customer who does not act as a carrier acquires possession of the first partial shipment,
6.2.4. in the case of contracts for the regular delivery of goods over a fixed period of time, the day on which the customer or a third party named by the customer and not acting as a carrier acquires possession of the goods first delivered.
6.3. In order to exercise the right of withdrawal, the customer must contact us (see contact details above under Item 3) by means of a definitive statement (e.g. a letter sent by post or email) about their decision to revoke this contract. The withdrawal deadline is met if the declaration of withdrawal is sent within the deadline.
6.4. In the event of withdrawal, we must reimburse the customer all payments we have received, including delivery costs, immediately and no later than 14 days from the day on which we received notification of withdrawal from the contract. For this repayment we use the same payment method that the customer used in the original transaction, unless expressly agreed otherwise; under no circumstances will we charge the customer any fees for this repayment. In the event of a return by the customer, we may refuse reimbursement until we have received the goods back or until the customer has provided evidence of having sent the goods back, whichever happened first.
6.5. We will collect loose wood pellets in the event of cancellation. Otherwise, in the event of withdrawal, the customer must return or hand over the goods to us immediately and in any case no later than 14 days from the day on which the customer informed us of the withdrawal from this contract. The term is met if the goods are sent before the deadline of 14 days has expired.
6.6. The customer must bear the direct costs of returning the goods. The cost of returning wood pellets in bags is estimated at around Euro 200 per delivery unit, and around Euro 800.00 for loose wood pellets.
6.7. A sample form for the declaration of withdrawal is available here
7. Warranty / complaints
7.1. The legal right to warranty applies. In the event of an economically unreasonable remedy, subsequent performance through replacement delivery is agreed. In the event of refusal of acceptance, Item 5 applies.
7.2. Notwithstanding Section 7.1., in accordance with these provisions, the customer can generally request a reduction in the remuneration or cancellation of the contract (withdrawal) at their discretion. However, if there is only a minor breach of contract, particularly if there are only minor defects, the customer does not have the right to withdraw from the contract.
7.3. Obvious defects must be noted on the corresponding delivery note immediately upon acceptance and communicated to MY PELLETS HANDELS GmbH by email.
7.4. Later complaints are excluded.
7.5. We do not provide any guarantees in the legal sense.
7.6. When returning or exchanging goods subject to a complaint, only goods in their original packaging can be taken back.
8. Applicable law
This contract is subject exclusively to Austrian law, but only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the customer has their habitual residence. The conflict of laws rules of international private law and the UN Convention on Contracts for the International Sale of Goods (CISG) are hereby excluded.
9. Data protection
Customers herewith acknowledge that the storage and processing of customer data that appears in contracts is necessary for the purposes of accounting and documentation. This information is required to comply with legal requirements and to process payments. Customer data will not be released to third parties where this is not essential for the purposes of contract performance. For more information and to view our data privacy statement, please see: https://www.mypellets.at/en/data-privacy-statement/
Valid as of July 2020
