Terms and Conditions
General Terms and Conditions
Validity of the General Terms and Conditions (GTC)
These General Terms and Conditions shall apply in the version valid at the time of the order for all contracts concluded via this web store between Fechter Merch GmbH (hereinafter referred to as FM) on the one hand and the contractual partner (hereinafter referred to as customer) on the other hand. The customer expressly declares to be in agreement with these terms and conditions. Any deviating agreements require an explicit written regulation, unilateral declarations of the customer, as well as any GTCs of the customer, shall not have any legal effect, even if they are not explicitly contradicted by FM.
Name and address of the company
Fechter Merch GmbH, Industriestrasse 7, 2100 Korneuburg
Conclusion of contract
Contracts on this portal can only be concluded in German or English.
The presentation of goods in the web store by FM shall be made without any obligation to conclude a contract, but shall be deemed as an invitation to the customer to submit a purchase offer in the form of an order. The customer submits a binding offer to FM when he has gone through the online ordering process by entering the information requested therein and completes the ordering process by clicking on the "Order" field. After the order has been sent, the customer shall receive an e-mail confirming receipt of the order by FM and stating its details (confirmation of receipt). This confirmation of receipt does not constitute an acceptance of the offer.
A purchase contract is concluded when FM ships the ordered product to the customer. In case of partial deliveries, the purchase contract shall only be concluded with regard to the dispatched partial delivery. In case of unavailability of the ordered product, FM reserves the right not to deliver. In this case, FM shall inform the Customer without undue delay and immediately refund any consideration already received; the Customer shall have no further claim. When the order is handed over to the parcel service, the customer will receive a tracking number electronically. It may take 1-3 business days until this tracking number is active.
The prices quoted refer to the articles published on the Internet, taking into account the respective description.
Prices are final prices, i.e. they include the legally valid sales tax. Shipping costs are additionally incurred only for small order values. From an order value of € 50.00 FM sends the goods free of shipping costs within Austria. From an order value of € 100,00 we also ship free of charge in parts of Europe*. If the order is delivered in several partial deliveries, this does not increase the shipping costs.
Any customs duties are to be borne by the customer.
The purchase price (including taxes and duties and any shipping costs) is due immediately with the order. The credit card account will be charged upon completion of the order.
The following payment options are available to the customer:
Instant bank transfer, PayPal, credit card (Visa, Mastercard).
If the customer is in default with the payment of due receivables, FM shall be entitled to charge the statutory default interest as well as the reminder and collection costs incurred by FM , insofar as reasonable and necessary for the appropriate prosecution. The assertion of a higher damage caused by default shall remain unaffected.
Objections and set-off
Objections against an invoice of FM must be raised in writing within 14 days from receipt of the invoice enclosed with the goods. Legal claims, which can also be asserted after expiry of the deadline, shall remain unaffected.
Retention of Title
The goods shall remain the property of FM until full and permanent payment of the purchase price. During the period of retention of title, the customer shall be entitled to possession and contractual use of the object of purchase, but not to encumber or dispose of it (e.g. sale, exchange), as long as he meets his payment obligations in due time.
Liability and warranty
The warranty and liability shall be determined in accordance with the statutory provisions, in particular in accordance with § 922 ff ABGB (Austrian Civil Code), unless the following provisions determine otherwise.
Complaints concerning the scope of delivery, material defects, wrong deliveries and/or deviations in quantity are to be asserted in writing by e-mail to firstname.lastname@example.org immediately after receipt of the goods, if appropriate including photo documentation, insofar as this can be determined by reasonable examinations. Obviously damaged packaging shall be claimed immediately upon receipt by the delivery service and FM shall be informed of the claim by e-mail to email@example.com.
FM excludes any liability, including pre-contractual liability, to the extent permitted by law. The exclusion of liability does not apply to the guaranteed quality of goods.
In particular, FM's liability shall be limited, to the extent permitted by law, to the foreseeable damage, the occurrence of which must typically be expected, and shall be limited in amount to the net final purchase price of the product causing the damage.
The provisions of the Product Liability Act shall remain unaffected.
Complaints are to be addressed in writing, stating the order number, order date and customer data, to:
Fechter Merch GmbH, Industriestrasse 7, Hall L, 2100 Korneuburg
Complaint / Dispute Resolution
According to applicable law, FM is obliged to inform consumers about the existence of the European Online Dispute Resolution Platform:
Since February 15, 2016, the EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially resolve disputes in connection with their online order without having to go to court. The dispute resolution platform can be reached at link:
Another option for out-of-court dispute resolution is provided by the Internet Ombudsman reachable at:
It is pointed out that dispute resolution proceedings generally require the consent of the parties involved. FM is generally not willing to participate in dispute resolution procedures within the European Online Dispute Resolution Platform.
Reservation of Performance
FM reserves the right, in case of product changes, unavailability of the goods or delayed delivery by the manufacturer, to provide a service equivalent in quality and price or, if this is not possible, not to provide the service.
Written form requirement
Amendments to the contract and ancillary agreements must be in writing to be effective. The necessity of the written form also applies to the waiver of the written form requirement.
Right of revocation
The customer has the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which the customer or a third party named by him, who is not the carrier, has taken possession of the last goods. In order to exercise a right of revocation, the customer must inform FM(Fechter Merch GmbH, Sieveringer Straße 194, 1190 Vienna, e-mail: firstname.lastname@example.org) of the decision to revoke this contract by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail). For this purpose, the customer can use the attached cancellation form (SAMPLE see below).
In order to comply with the withdrawal period, it is sufficient that the customer sends the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If the Customer revokes the contract, FM shall repay all payments that FM has received from the Customer, including delivery costs (with the exception of additional costs resulting from the fact that the Customer has chosen a type of delivery other than the most favorable standard delivery offered by FM), without undue delay and no later than within fourteen days from the day on which NLE has received the notification of revocation of this contract. For this repayment, FM shall use the same means of payment that the Customer used for the original transaction, unless expressly agreed otherwise with the Customer. FM may refuse repayment until FM has received the goods back or until the Customer has provided proof that he has returned the goods, whichever is earlier.
The customer shall return or hand over the goods to FM without undue delay and in any case no later than within fourteen days from the day on which the customer notifies FM of the revocation of this contract. The deadline shall be met if the customer sends the goods before the expiry of the period of fourteen days. The customer shall bear the costs of returning the goods. The customer must only pay for any loss in value of the goods if this loss in value is due to handling that is not necessary for testing the condition, properties and functioning of the goods.
Further information on the right of withdrawal and return
Please fill out the return form enclosed with your shipment for the item you wish to return, place it in the package in its original packaging, undamaged and unused, and tape it carefully. Returns without a completed return form cannot be processed. Freight collect shipments will not be accepted. Completed return forms are considered as an exercise of the right of withdrawal.
In the event that the customer is an entrepreneur or consumer residing abroad, Vienna is agreed as the place of jurisdiction for all disputes arising from or in connection with this contract.
Austrian law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods and to the exclusion of national and supranational rules of reference.
Should clauses of this contract be ineffective or lose their effectiveness, the rest of the contract shall remain effective. The invalid clause shall be replaced by a provision that most closely reflects the economic intent of the contracting parties.
*(Germany, Switzerland, Czech Republic, Slovenia, Slovakia, France, Great Britain, Netherlands, Denmark, Belgium, Poland, Italy, Spain)
Status: November 2020
If you want to revoke the contract, please fill out this form and send it back to
Fechter Merch GmbH, Industriestrasse 7, Hall L, 2100 Korneuburg
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*): ....................................................................
Name of the consumer(s): .....................................................................
Address of the consumer(s): ..................................................................
Signature of consumer(s) (only in case of paper communication): ......................
(*) Delete where not applicable.
Search engine listing preview