Terms & Conditions

General company policy and Customer information

1. Scope
2. Offers and Service description
3. Ordering process and contract conclusion
4. Prices and shipping costs
5. Delivery, Product availability
6. Terms of Payment
7. Retention of Title
8. Defect warranty and Guarantee
9. Liability
10. Storage of Contract text
11. Court of Jurisdiction

1. Scope
1.1 The following general terms and conditions apply exclusively at the time of conclusion of the contract between Honigmayr Handelsgesellschaft m.b.H., Honigmayr Playz 1, 5451 Tenneck (vender) and the customer.
1.2. You can contact our customer service for questions, comments and complaints workdays from 9:00a.m. to 5:00p.m. at the telephone number +43 64685217-0 as well as by email at info@honigmayr.at
1.3. According to these GTB, the consumer is any natural person who signs an order for such a purpose that attributes neither to his commercial nor his personal professional activity. (13 BGB)
1.4. Divergent terms and conditions of the customer will not be recognized unless the vender has explicitly agreed to their applicability

2. Offers and Service Description
2.1 The presentation of products in our online shop is not a legally binding offer but an invitation to submit an order. Service descriptions in catalogs as well as the websites of the vender do not represent any assurance or guarantee.
2.2 “While supplies last” applies to all offers as long as nothing else is mentioned concerning the products. Otherwise, errors remain reserved.

3. Ordering Process and Contract conclusion
3.1 The customer can choose from the assortment of products from the vender without obligation to buy and place them in shopping basket (using the shopping basket button) Within the shopping basket the customer can change the selection he/she has chosen, e.g. delete the unwanted products. Finally, the customer can proceed to the checkout (proceed to checkout button) to conclude the purchase.
3.2 By pressing the “order confirmation” button the customer makes a binding order proposal for the purchase of the products within the shopping basket. Before sending the order confirmation the customer can change their information at any time as well as review anything with the help of the “return” button or even cancel the ordering process all together. Necessary information is labeled with an asterix.
3.3 The vender sends the customer an automatic order confirmation receipt via email, where the customer’s order is listed and can be printed out by the customer using the function “print” (Order confirmation). The automatic order confirmation receipt solely documents that the customer’s purchase order has been received by the vender and does not constitute any acceptance of the order. The purchase contract is only concluded when the vender ships the ordered product to the customer within 2 days, or hand over the shipment confirmed the customer within 2 days with a second e-mail, express order confirmation or sending the invoice.
3.4 Should the vender allow an advance payment the contract will appear with the preparation of the bank information and payment notice. If the payment is not received by the vender when due even after further requests after a period of 10 days after the dispatch of the order confirmation, the vender can withdraw from the contract, that the order is null and void and the vender carries no delivery obligations. The order is for the vender and customer deemed finished. A reservation of the articles included in a prepayment payment can therefore only be held for as long as 10 days.

4. Prices and Shipping costs
4.1 All prices presented on the vender’s website are understood to include the current sales tax.
4.2 Additional to the stated prices, the vender calculates the cost for shipping. The shipping costs are given on a separate information page.

5. Delivery, Product availability
5.1. As soon as the payment has been agreed upon, the delivery follows according to the billing statement.
5.2. If the delivery of the product is unsuccessful even after three attempts are made due to the fault of the consumer, the vender has the right to terminate the contract. Funds that have already been paid will be immediately reimbursed, where applicable.
5.3. If an ordered product is not available due to supplier issues the vender can terminate the contract. If this occurs the vender will inform the customer and will offer a similar product. If the customer does not wish to have an alternative, the vender will refund the customer for services already rendered.
5.4. Customers will be informed about delivery times and delivery limitations (e.g. delivery limitations to certain countries) on a separate information page or within the product’s description.

6. Terms of Payment
6.1. The customer can choose their method of payment during the course of and before the completion of the ordering process. Customers will be informed about the varied methods of payment on a separate information page.
6.2. When payment by invoice is possible, payment is to be made within 30 days of receipt of product. With all other payment methods, payment is to be made prior without deductions.
6.3 If payment is made through a third party, ex: PayPal, general terms and conditions apply.
6.4. If the payment is scheduled for a particular date, the customer is liable to pay default interest in the case he/she fails to meet the deadline of the scheduled payment.
6.5. The customer’s obligation to pay default interest does not exclude a further claim to default damages by the vender.
6.6. The right of off set is entitled when the customer’s counterclaim is legally and judicially established or recognized by the vender. The customer may exercise any right of retention only if his/her counterclaim is based on the same mutual contract.

7. Retention of Title
The vender reserves ownership of all goods until full payment is made.

8. Defect warranty and Guarantee
8.1. The warranty shall define itself according to the legal provisions.
8.2. A guarantee exists for those products delivered by the vender only when it’s explicitly indicated. Customers will be informed over the warranty terms before the initiation of the order process.

9. Liability
9.1 For the vender’s liability for damages, the following disclaimers and limitations of liability apply, without prejudice to the other statutory eligibility requirements.
9.2 The vender is liable without limitation if the damage is the result of a deliberate act or gross negligence.
9.3 Furthermore, the vender is liable for the slightly negligent breach of material obligations whose violation endangers the achievement of the purpose of the contract or for the breach of duties, the fulfillment of which the proper execution of the contract only makes possible and on whose observance the customer regularly trusts. In this case, the vender is only liable for the predictable, contract-typical damage. The vender is not liable for the slightly negligent violation of obligations other than those specified in the preceding paragraphs.
9.4. The above limitations of liability shall not apply in case of injury to life, body and health, for a defect after taking over a guarantee for the condition of the product as well as with fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. Insofar the liability of the vender is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

10. Storage of the contract text
10.1. The customer can print the text of the contract before placing the order to the vender by using the print function of his/her browser in the last step of the order.
10.2. The vender also sends the customer an order confirmation with all order data to the e-mail address provided by him/her. With the order confirmation, the customer also receives a copy of the terms and conditions together with the right of cancellation and the instructions for shipping costs and delivery and payment. If you have registered in our shop, you can see your order placed in your profile area. In addition, we save the contract text but do not make it accessible on the internet.

11. Final Provisions
11.1 Jurisdiction and place of performance is the seat of the vender, if the customer is a merchant, a legal entity under public law or a special fund under public law.
11.2. Contract language is German.
11.3. European Commission Online Dispute Resolution (OS) platform for consumers: //ec.europa.eu/consumers/odr/. We are unwilling and not obliged to participate in a dispute settlement procedure before a consumer arbitration board.