1. Scope

a) These General Terms and Conditions of Sale and Delivery apply to all deliveries of goods made by Mörwald Holding GmbH based on orders placed via distance selling. By placing an order or at the latest upon receipt of the goods, the customer acknowledges these terms.

b) Amendments or side agreements require confirmation by authorized representatives registered in the commercial register of our company and are only valid for the specific transaction. Other employees are not authorized to agree to changes or side agreements.

c) Customer terms and conditions are expressly rejected in full.

d) If individual provisions of these terms are invalid, the validity of the remaining provisions and contracts based on them remains unaffected. The parties shall replace the invalid provision with one that comes closest to its purpose.

2. Conclusion of Contract

a) Our offers are non-binding. Orders placed by the customer constitute a binding offer for three weeks. The contract is only concluded upon our order confirmation or upon delivery/performance. Separate notification of acceptance is not required.

b) We are entitled to accept orders only in part.

c) An order is only possible if all mandatory fields are completed. Receipt of the order is confirmed by automated email, which does not constitute acceptance. Messages are only received during business hours (Mon–Fri 09:00–16:00, excluding Austrian public holidays). Messages received outside these hours are deemed received on the next working day.

d) The customer acknowledges that the internet is not a secure communication medium and that transmitted data may be intercepted or altered. The customer bears the risk of transmission errors.

3. Prices

a) Prices include Austrian VAT but exclude shipping and additional services unless otherwise stated. For deliveries outside Austria, import/export duties may apply.

b) Packaging and shipping fees apply depending on product and destination.

4. Delivery and Delivery Time

a) Shipment via EMS (domestic) or DHL (international) is at the customer’s risk and expense to the address provided.

b) Delivery dates are non-binding. Delay entitles withdrawal only after a written 2-week grace period.

c) Delivery times may be extended due to force majeure or other unforeseen events (e.g., strikes, transport delays, official measures).

d) Partial deliveries are permitted and may be invoiced separately.

5. Warranty

a) Defects must be reported upon delivery or discovery. Business customers must inspect goods immediately and report defects within five working days or lose claims.

b) Warranty claims expire within two years.

c) Customers may choose repair or replacement; if not possible, price reduction or cancellation may apply. The customer must allow repair.

6. Liability

We are not liable for damages caused by slight negligence, regardless of legal basis. Business customers must prove gross negligence or intent. Consumer personal injury claims are excluded from this limitation.

7. Payment Terms

a) Invoices must be paid immediately before delivery via instant transfer or credit card (Amex, Diners, JCB, Mastercard, Visa). Cards are charged immediately.

b) Default interest: 6% above ECB base rate.

c) In case of default, we may withhold delivery or withdraw from the contract and claim damages. A contractual penalty of 20% may apply.

d) Debt collection costs apply (e.g., €5 per reminder, €25 administration fee, plus legal/collection agency fees).

e) Set-off is only allowed for undisputed or legally established claims.

8. Retention of Title

Goods remain our property until full payment is made. The customer may not sell, pledge, or transfer goods before payment and bears full risk.

9. Governing Law and Jurisdiction

a) Austrian law applies, excluding the UN Sales Convention.

b) Place of performance: Feuersbrunn.

c) Jurisdiction: Regional Court St. Pölten, Austria (with consumer protection exceptions).

10. Data Protection

Customer data may be used for accounting, internal market research, marketing, payment processing, and legal compliance.

11. Withdrawal Right (§ 5e Austrian Consumer Protection Act)

a) Consumers may withdraw within 7 working days (Mon–Fri, excluding Saturday). The period begins upon receipt of goods or contract conclusion (for services). If information obligations are not met, the period extends to 3 months.

b) No withdrawal right exists for certain goods/services (e.g., custom-made goods, perishable goods, sealed software once opened, etc.). No withdrawal right for “Mörwald Delikatessen”.

c) Upon withdrawal, payments are refunded; goods must be returned; return shipping costs are borne by the customer; compensation for use may apply.

12. Miscellaneous

a) Communications are legally valid when sent to the last provided address. Customers must update contact details.

b) Assignment of rights requires written consent.

Online Dispute Resolution

The EU Commission provides an online dispute resolution platform:
http://ec.europa.eu/consumers/odr/