General Terms and Conditions of hagi
(Effective as of: 06/03/2020)

1. General information

The General Terms and Conditions apply to the sale and delivery of goods and the provision of services by our company.

Our company delivers the goods and provides the services only within Austria.

By clicking the “I have read and accepted the general terms and conditions” checkbox in the shopping cart before placing the order, the buyer agrees to these General Terms and Conditions and is bound by them.

The General Terms and Conditions apply to the sale and our range of products is not binding.

The order of the fully legally competent customer (persons over the age of 18) represents an offer to conclude a sales contract. 

The subsequent confirmation of receipt of the order sent by us pursuant to Section 10(2) of the Austrian E-Commerce Law (ECG) shall not in itself constitute acceptance of the offer.

The purchase contract shall only be concluded upon delivery of the ordered goods, by sending a second e-mail as order confirmation or by any other acceptance of the customer's offer. 

All offers on our website are subject to change, non-binding and only available while stocks last.

2. Order process, order correction, order cancellation

Once you have selected the required product, you can place it in the shopping cart without obligation by clicking the button [add to shopping cart]. 

You can view the contents of the shopping cart at any time without obligation by clicking the button [shopping cart].

You can remove the products from the shopping cart at any time by clicking the button [X]. 

If you would like to buy the products in the shopping cart, click the button [Checkout]. 

Please enter your details. For your first order you can register as “New user” or order as a guest. 

For subsequent orders, it is sufficient to enter the login and password specified by the user during initial registration or to place a new guest order. 

Your data will be transmitted encrypted.

After entering your data and selecting the type of payment and delivery, complete the ordering process by clicking on the button [Order subject to payment]. 

Immediately after registering, you will receive your login details by e-mail. 

We will save the contract text and send you the order confirmation by e-mail. 

You can view and change your orders and your personal details at any time by logging in.

3. Contract language

The content of the contract, all other information, customer service, data information and complaint handling are offered in German.

4. Prices

The prices are valid at the time of the order including the statutory VAT plus all expenses incurred with the shipment.

They are displayed in the shopping cart before conclusion of the contract and afterwards in a contract confirmation sent to the customer. 

Should export or import duties become due in the course of shipment, these shall also be borne by the customer (information on this can be obtained from your local customs office).

5. Payment

We accept the following methods of payment:

  • Creditcard (MasterCard, Visa)
    For credit card payments, the relevant amount will be charged on the same day.
    When paying by credit card, the customer provides the following information: card holder, card number, credit card company, expiry date and CVV code. The data is transmitted using SSL encryption with at least 128-bit keys ensuring that it cannot be viewed by unauthorised persons.
  • On account
  • SOFORT banking (instant bank transfer)
  • PayPal
  • Amazon Pay

We offer the following payment options in cooperation with Klarna AB (publ), Sveavägen 46, S-11134 Stockholm, Sweden. Payment is made to Klarna in each case:

  • Invoice: The payment period is 14 days from the date of dispatch of the goods/tickets or, in the case of other services, from the date of provision of the service. The complete terms and conditions for purchase on account for deliveries to Germany can be found here and for deliveries to Austria here.
  • Instalment purchase (only available for Germany): Klarna’s financing service allows you to pay for your purchase flexibly in monthly instalments of at least 1/24 of the total amount (with a minimum of EUR 6.95) or under the conditions otherwise specified at the checkout. Payment in instalments is due at the end of each month after Klarna has sent you a monthly invoice. For more information on buying in instalments, including the General Terms and Conditions and the Standard European Consumer Credit Information, click here:
  • Instantly (SOFORT): Your account will be debited immediately after placing the order.
  • Creditcard (Visa/ Mastercard)
  • Direct debit: The direct debit takes place after dispatch of the goods. You will be informed of the date by e-mail.

Using the payment methods of invoice, instalment purchase and direct debit requires a positive credit check. 

For this reason, we will forward your details to Klarna for the purpose of address and credit checks in the context of initiating a purchase and processing the purchase contract. 

Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check. 

Further information and Klarna’s terms of use for Germany can be found here and for Austria here. 

General information about Klarna can be found here.

Your personal data will be treated in compliance with the applicable data protection regulations and in accordance with the information in Klarna’s Privacy Policy for Germany/Austria.

6. Default in payment

If the customer is in default of payment, we are entitled to demand the statutory default interest.  

The statutory default interest between consumers and contractors is 4 percentage points.

7. Reminder fees and collection charges

In the event of default, the contractual partner undertakes to reimburse the reminder and collection charges to which we are entitled, even if the delay in payment is not our fault, insofar as they are necessary for appropriate legal prosecution and are reasonable in relation to the claim; in particular, the contractual partner undertakes to reimburse the costs incurred by us if a collection agency is called in, insofar as these do not exceed the maximum rates charged by the collection agency. 

If we operate the reminder system ourselves, the debtor undertakes to pay an amount of EUR 12 per reminder and an amount of EUR 5 per half-year for keeping records of the debt relationship in the reminder system. 

8. Default in acceptance

In case of default of acceptance by customers who have ordered as businesses, we are entitled to store the goods on our premises, for which we shall charge a handling fee of EUR 15 plus storage costs. 

At the same time, we shall insist on fulfilment of the contract.

9. Retention of title

We shall retain title to the delivered service or goods or to the media processed or created by us until receipt of all payments from the business relationship with the customer. 

If the customer resells goods subject to retention of title, the customer must also pass on the retention of title.

The customer must notify us immediately of any access by third parties to our goods subject to retention of title. 

Pledging, transfer of ownership by way of security and similar of the goods subject to retention of title shall only be permitted with our prior consent. If payment is not made immediately after a reminder in the event of default in payment, our goods subject to retention of title shall be returned immediately. 

The costs of taking back the goods shall be borne by the customer.

10. Warranty, liability and guarantee

The warranty is based on the statutory provisions.

It shall be limited to the statutory period of 24 months from the date of acceptance of the goods by the buyer or, in the case of services, upon completion of the service. 

In the case of legitimate complaints about defects, either replacement or improvement shall be made free of charge, for which a reasonable period of time shall be granted. 

If replacement or improvement cannot be considered (not possible, too much effort, unreasonable, delay in delivery, etc.), the buyer shall be entitled to a price reduction or, if the defect is not minor, to cancellation of the contract (redhibition). 

If possible, any defects that occur are to be reported upon delivery or after they become evident, whereby failure on the part of a consumer to report them upon delivery or after they become evident shall not affect the consumer’s warranty claims. If the purchase is a commercial transaction (B2B) for the customer, the customer must inspect the goods no later than 2 weeks after receipt and notify us immediately if a defect is found.

Our company shall only be liable for damages in case of intent and gross negligence. This does not apply to personal injury or consumer business. The existence of slight or gross negligence must be proven by the injured party, unless it concerns a consumer transaction. The compensation of (defect) consequential damages and other property damages, financial losses and damages of third parties in relation to the customer shall be excluded, unless it concerns a consumer business. 

The guarantee is to be asserted with the guarantor (with the manufacturer/seller) and shall be in accordance with the latter’s provisions.

Any guarantee conditions are stated in the confirmation of contract.

The legal warranty shall not be limited by the claim of the guarantee.

When shipping the goods in consumer transactions, the risk of loss or damage to the goods shall only pass to the consumer upon delivery of the goods to the consumer or to a third party designated by the consumer and different from the carrier. 

If, however, the consumer has concluded the contract of carriage without making use of a choice proposed by us, the risk shall pass to the consumer as soon as the goods are handed over to the carrier.

11. Applicable law and place of jurisdiction

The contracting parties agree that Austrian law shall apply. 

If the consumer is domiciled or habitually resident in Austria or is employed in Austria, only the jurisdiction of the court in whose district the domicile, habitual residence or place of employment is located may be established for an action against the consumer; this shall not apply to legal disputes that have already arisen. 

The UN Convention on Contracts for the International Sale of Goods and all provisions relating to this Convention are expressly excluded.

For contracts with companies, our company headquarters is agreed as the place of jurisdiction. 

12. Place of performance for business transactions

All news, graphics and the design of our website are exclusively for the personal information of our customers and are protected by copyright. 

13. Copyright

All news, graphics and the design of our website are exclusively for the personal information of our customers and are protected by copyright. 

14. Arbitration body

We undertake to participate in the arbitration procedure of the Internet Ombudsman in the event of disputes:

www.ombudsmann.at 

More detailed information about the types of proceedings can be found at www.ombudsmann.at.  

For the settlement of disputes with our company, the OS platform can also be used: https://ec.europa.eu/consumers/odr 

Our e-mail address is: welcome@hagi-hagleitner.com

15. Delivery

Deliveries are made by DPD

If ordered articles are not all immediately available, the order is kept until all articles are available and then delivered in one shipment.  

Delivery restriction: 

Deliveries are only made within Austria. 

For orders from other EU countries please contact our customer service at: welcome@hagi-hagleitner.com

16. Shipping costs

The shipping costs can be found in this list:

Delivery is free of charge for orders over EUR 29.

Orders under EUR 29 are subject to shipping costs of EUR 4.90.

17. Storage of the contract

We will save the contractual text, which you may request after completion of the ordering process.

You can print out the order data immediately after sending it. For this purpose, you may either use the following “Your order” page or the “Confirmation of order” e-mail.

Furthermore, you will find the contractual text in your customer area under “Orders”.

18. Miscellaneous

Recourse claims within the meaning of the Product Liability Act are excluded, unless the party entitled to recourse proves that the defect was caused in our domain and at least by gross negligence.

The contractual partner waives the option of offsetting. However, this does not apply to consumers.

Voluntary code of conduct: www.guetezeichen.at

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