General Terms and Conditions

§ 1 Scope of validity
§ 2 Data privacy
§ 3 Offer and completion of contract
§ 4 Terms of delivery
§ 5 Verification and transfer of risk
§ 6 Distance contract (consumer)
§ 7 Prices and conditions
§ 8 Terms of payment
§ 9 Retention of title
§ 10 Warranty
§ 11 Guarantee and limitation of liability
§ 12 Severability clause
§ 13 Contractual exclusion of set-off
§ 14 Final provisions

§ 1 Generals terms, scope of validity

1.1. All of our deliveries and services will be exclusively executed basing on the application of the terms and conditions as listed bellow.

1.2. To the extent that nothing else is expressly agreed in writing, the following general terms and conditions are valid for all contracts, deliveries and other services and legal relationships and have been made known to the contractual partner.

1.3. Deviations from this AFB are only effective on written confirmation or recognition by us.
Departures from this formal requirement, have to be made in writing.
Terms and conditions of the partner to the agreement which deviate from the AGB will
not become part of the agreement, even if we did not expressly object to them.

1.4. Changes and amendments of the contract must always be in writing in order to be effective.

1.5. These General Terms and Conditions are valid even, if we, on notice of adverse or divergent conditions of the contracting partner, carry out deliveries, services or such without reservation.

1.6. These are valid in the version topical at the time of the order and, we reserve ourselves the right to change the general terms of business any time.

1.7. With the placing of order or, at the latest with the acceptance of the delivery owed by us or services, our conditions are valid as from the buyer approved.

§ 2 Data Privacy

2.1. The personal data received from you will be managed in accordance with the Austrian Data Protection Act currently in force.

2.2. The transfer of your data is done for reasons of promotion, information, customer offer development or the like, and carried out only in consultation with us, based on trust bonded companies.

2.3. Against the transfer of your data, you can raise a written objection within 14 days, otherwise, your consent is considered.

§ 3 Offer and conclusion of contract

3.1. Our offers are always a subject to change and non-binding. Product information contained in brochures, catalogues, websites and the like, is only binding if reference is made expressively in our offer. 

3.2. The contract is completed when the seller confirmed the commission resp. the order in writing or, delivers the goods, in accordance to the commission resp. the order. Verbally given additional orders to the recent order, will also be confirmed in writing and invoiced.

3.3. Delivery of the goods is only possible in normal quantities. Should we have to assume that the goods should be intended for resale, the order will be cancelled by us without delay to the exclusion of any future liability. The Seller is entitled to immediate contract cancellation and the buyer keeps us free and harmless in this regard without complaint.

3.4. The seller is entitled to immediate withdrawal from the contract if facts arise or become known which show, that the other party is not creditworthy (anymore).

§ 4 Terms of delivery

4.1. The delivery date will be agreed after the anticipated performance of the seller and of course and always non-binding and subject to timely supply and unforeseen circumstances or obstacles - regardless of where these circumstances have occurred,-in particular, strikes, lockouts, material failure, transport lockout and force majeure, governmental action, refusal to regulatory approvals, industrial disputes of any kind, sabotage, involuntary lack of raw materials, delay in material supplies and the like. Such events extend the delivery accordingly, even if they occur during an existing delay. In this case the may set grace period will also be extended for the duration of the incident.

4.2. The right to reasonable partial deliveries and their billing remains fully and expressly reserved for the vendor.

4.3. The shipping charges currently amount to € 9, - for standard shipping packages up to 10 kg weight in Austria and € 19, - for standard packages up to 10 kg shipping weight within the European Union. With a shipping weight over 10 kg, the customer will be informed about the amount of shipping charges prior to shipment - here the best transport option will be used.

4.4. The appointment is made by cash or payment via credit card (VISA or MasterCard); wholesale orders can be delivered on account.

4.5. When delivery delay lasts over a period of 8 weeks, the two parties, after a reasonable set grace period, can withdraw from the contract in writing, with the exclusion of further claims. A claim by the contractor for damages due to delay in delivery or service is specifically excluded. Furthermore, liability is limited to the amount of the foreseeable damage, but not exceeding 3% of the delivery value.

4.6. Postponement of delivery or performance dates is not valid unless in writing. In case of default of acceptance, the seller shall, in addition to determine entitlement to the right to either a new delivery date or cancel the contract without setting a grace period. The seller reserves the right in this case, the assertion of claims against the defaulting contractor explicitly.

§ 5 Verification and transfer of risk

5.1. Unless otherwise agreed, dispatch happens at the discretion of the seller and uninsured at buyer's risk. The risk passes to the buyer as soon as the consignment to the person undertaking the transport was passed.

5.2. To the extent that the shipment is delayed or impossible through no fault of the seller, the risk, after the transmission of the message of readiness for dispatch by the seller, is transferred to the contractor.

5.3. The contractor has to check the goods immediately upon receipt for completeness, and compliance with billing or deficiencies in the delivery. The contractor alone bears the risk that capacity, availability, suitability and the like is in accordance with his wishes. If no immediate complaint, the goods shall be deemed properly and completely delivered and accepted, unless there is a shortage, which at the time of delivery was not revealed. The contracting partner has to prove this circumstance.

5.4. Minor defects do not justify the refusal to accept the delivery!

5.5. The foregoing provisions shall also apply to returns after correction of defects or paid services to the contractor.

§ 6 Distance contract (consumers)

6.1. The buyer may recede within 7 working days of receipt of the ordered goods without giving reasons, from a distance contract concluded.

6.2. The buyer must return the goods received and pay the seller an appropriate charge for use and compensation for the consequent reduction of the common value.

6.3. In sealed goods, the right of rescission shall expire automatically if the sealed goods have been opened or the seal was damaged. A contract rescission is excluded in this case and the goods to be paid in full.

6.4. The resignation must be in writing or by timely return of the goods. Decisive for the timeliness is the date of postmark.

6.5. The revocation must be sent to the following address: 

Salinen Tourismus GmbH
Salzbergstraße 21

A - 4830 Hallstatt
Tel.: 0043/ 6132 / 200-0
Fax: 0043/ 6132/ 200-4444
Email: info@salzwelten.at

6.6. The consequences of the resignation are the unwinding of mutual services step by step. The return costs are borne by the buyer.

§ Prices and conditions

7.1. The seller expressly reserves the right to increase the price appropriately, if after the contract, price increases - particularly due to price increases from suppliers or from exchange rate fluctuations.

7.2. A set-off or the enforcement of retention, because we have not recognized or not legally established counterclaims, are excluded.

§ 8 Terms of payment

8.1. Unless otherwise agreed, the invoice is paid promptly after receipt of goods or invoice without any deduction for payment of charges.

8.2. Where payments owed by the contractor are not received on schedule, from the due date until the actual payment, default interest of 5% pa above the base rate is agreed. The assertion of a different exeeding damage are reserved to the seller.

8.3. There are collection fees, per letter in the amount of EUR 15, agreed.

8.4. The shop assistant - is - contrary to the conditions of the contractual right, allowed to offset payments to the oldest debt. Have already incurred interest and costs, the seller shall be entitled to the payments first to the costs, then against interest and finally to the main service.

§ 9 Retention of title

9.1. The commodity remains until the complete settlement of all liabilities arising from the contractual property of the seller. In case of partial shipments, this applies, mutatis mutandis.

9.2. The buyer is obliged to notify the seller immediately of any seizure or other legal or actual impairment or endangerment of our goods or other securities existing for us too.

9.3. Before third party access to the conditional goods, the contractor has to refer to the ownership of the seller and inform them immediately. The contractor has to clearly label the property of the seller

9.4. In case of default, even from other rights and future relations with the seller or insolvency of the contractor, the seller may enter the business premises of the contractor unannounced, to claim the retention of title to the retained goods, and take possession of the reserved goods.

9.5. The assertion of the title or the attachment of the title object is not regarded as withdrawal from the contract if the contractor is a businessman.

9.6. The contractor assigns his claims arising from the transfer of the conditional goods, in the respective invoice value at the time of appointment, as security, in advance to the seller. The contractor is entitled to collect even after the assignment, as long as long as he complies the balance duty towards the vendor. Nevertheless, the clerk in the ordinary course of business is entitled to the collection of debt and will
exercise this right especially in the case of late payment or an application for commencement of bankruptcy or composition proceedings use.

9.7. At request the contractor shall appoint the assigned claim and make all the necessary information to hand over documents and evidence to inform the debtor of the assignment.

9.8. The seller may disclose this assignment at any time to secure hid entitlements

9.9. For test or demonstration purposes delivered goods remain the property of the seller. Only by written agreement with the seller, they may be used furthermore than for test or demonstration purposes and are immediately to be returned upon request.

§ 10 Warranty

10.1. The warranty includes repair of the defect demonstrated by the contractor, if necessary replacement, the costs for transportation are borne from the seller.

10.2. For failure of the repair or replacement, the contractor has the right to reduce the purchase price or to appropriately terminate the contract.

10.3. If the examination of a notice of defect proofs that a warranty is not present, the buyer is bearing any relevant expenses.

10.4. If the seller has violated a contractual obligation through negligence, the compensation for property damage and personal injuries is confined to the replacement of public liability insurance.

10.5. Otherwise any warranty claims are directed in accordance with statutory provisions

§ 11 Guarantee and limitation of liability

Claims for defects or breach of contract interests, positive or negative, will be considered only in cases of intent. We are only liable for willful or grossly negligent breach of duty of our staff in accordance with
statutory provisions. For slightly negligent breach of contractual obligations we are liable to the typically foreseeable damage, but the extent is limited by the purchase price of the goods ordered.

§ 12 Severability clause

12.1. Should any provision of these General Terms be invalid or void or will be, this will not affect the validity of the remaining provisions.

12.2. The parties undertake to agree to replace the invalid provisions without delay with those who come closest to the commercial purpose of the invalid provision.

§ 13 Contractual exclusion of set-off

13.1. A set-off against claims of the seller is permitted only with the legally established or expressly accepted counterclaims in writing.

13.2. Offsetting this prohibition does not apply to consumer (§ 6 paragraph 1 No. 8 of the Consumer Protection Act)

§ 14 Final provisions

14.1. Place of performance of all liabilities is Bad Ischl.

14.2. It is to be applied by Austrian law.

14.3. Exclusive jurisdiction is in Bad Ischl. For consumers, the Consumer Protection Act § 14 shall be applied.