General terms and conditions with customer information
Table of contents
- Scope
- Conclusion of contract
- Purchase on trial
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Granting of rights of use for digital content
- Retention of title
- Liability for defects (warranty)
- Special conditions for assembly/installation services
- Redemption of promotional vouchers
- Gift certificate redemption
- Applicable law
- Jurisdiction
- Code of Conduct
- Alternative dispute resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of egger Wohlfühl-Klima GmbH (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with regard to the goods presented by the Seller in its online store. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 These GTC shall apply mutatis mutandis to contracts for the delivery of vouchers, unless otherwise agreed.
1.3 These GTC shall apply accordingly to contracts for the provision of digital content, unless otherwise agreed. Digital content within the meaning of these GTC is data that is created and provided in digital form.
1.4 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.5 For the purposes of these GTC, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the Seller's online store do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The Customer may submit the Offer via the online order form integrated into the Seller's online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer makes a legally binding offer to enter into a contract for the goods in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer may also submit the offer to the seller by telephone, e-mail, mail or online contact form.
2.3 The Seller may accept the Customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer shall be decisive, or
- by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after the customer's order has been placed.
If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
2.4 If a payment method offered by PayPal is selected, the payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the time the customer clicks the button that concludes the ordering process.
2.5 If the payment method "Amazon Payments" is selected, the payment will be processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, available at
2.6 When submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer's order has been sent. The seller shall not make the text of the contract accessible beyond this. If the customer has set up a user account in the seller's online store before sending his order, the order data will be archived on the seller's website and can be accessed by the customer free of charge via his password-protected user account by providing the corresponding login data.
2.7 Before bindingly placing the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.8 The German and English languages are available for the conclusion of the contract.
2.9 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is accurate so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Purchase on trial
3.1 If the option "Order on approval" (purchase on trial) is selected, the contract is concluded under the condition that the customer approves the ordered goods within a period of fourteen days by an explicit statement (e.g. a letter sent by mail, fax or e-mail) to the seller or that the customer does not reject the already handed over goods within a period of fourteen days by an explicit statement (e.g. a letter sent by mail, fax or e-mail) to the seller. The approval period begins on the day following receipt of the goods by the customer.
3.2 During the approval period, the customer shall be entitled to inspect the goods delivered to him with regard to condition, properties and mode of operation and to keep them for these purposes. In doing so, he must handle the goods with care with regard to a possible obligation to return them. If the customer uses the goods in a way that is not necessary to test their condition, properties and functionality, he shall be liable for any loss in value of the goods.
3.3 If the Customer declares approval of the goods within the approval period or does not reject the goods within the approval period, the Customer is obliged to pay the Seller the agreed purchase price. In this case, the Buyer shall transfer the agreed purchase price to the Seller's bank account immediately, but no later than within a period of seven days, unless otherwise agreed. The payment period shall commence on the day following the customer's declaration of approval or - in the absence of express approval - on the day following the expiry of the approval period. The timely receipt of payment on the bank account of the seller is decisive for the observance of the deadline.
3.4 If the customer declares rejection of the goods within the approval period, he shall return the goods to the seller within a period of seven days at his own expense, unless otherwise agreed. The period for returning the goods begins on the day following the customer's declaration of refusal. The timely dispatch of the goods by the customer is sufficient to meet the deadline. In doing so, the customer shall use suitable transport packaging to avoid transport damage.
3.5 If the Customer culpably violates its duty of care and/or return, it shall be obliged to compensate the Seller for the resulting damage.
3.6 The customer's statutory right of revocation shall not be affected by the aforementioned provisions.
4) Right of withdrawal
4.1 Consumers are generally entitled to a right of withdrawal.
4.2 More detailed information on the right of withdrawal can be found in the seller's withdrawal policy.
5) Prices and terms of payment
5.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
5.2 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of funds by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
5.3 The payment option(s) will be communicated to the Customer in the Seller's online store.
5.4 If prepayment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
5.5 If a payment method offered via the payment service "Stripe" is selected, the payment will be processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe will be communicated to the Customer in the Seller's online store. For the processing of payments, Stripe may use other payment services, for which special payment conditions may apply, to which the customer may be informed separately. Further information on Stripe is available on the Internet at
5.6 If the payment method purchase on account is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is payable within 7 (seven) days from receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer about a corresponding payment restriction in his payment information in the online store.
5.7 If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. The payment is processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to perform a credit check and to reject this payment method in case of a negative credit check.
6) Delivery and shipping conditions
6.1 If the Seller offers to ship the goods, the delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive.
6.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This shall not apply with regard to the costs for the return shipment if the customer effectively exercises its right of revocation. In the event of an effective exercise of the right of revocation by the customer, the provision made in the seller's revocation instructions shall apply to the return costs.
6.3 If the Customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall in principle only pass upon handover of the goods to the customer or a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or any other person or institution designated to carry out the shipment and the seller has not previously named such person or institution to the customer.
6.4 The Seller reserves the right to withdraw from the contract in case of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due diligence. Seller shall use all reasonable efforts to procure the goods. In case of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.
6.5 If the Seller offers the goods for collection, the Customer may collect the ordered goods within the business hours indicated by the Seller at the address indicated by the Seller. In this case, no shipping costs will be charged.
6.6 Vouchers are provided to the Customer as follows:
- per download
6.7 Digital Content will be provided to Customer as follows:
- per download
- by direct access via the Contractor's website
7) Granting of rights of use for digital content
7.1 Unless otherwise stated in the DeepL description in the Seller's online store, the Seller grants the Customer the non-exclusive right, unlimited in time and place, to use the content provided for private and commercial purposes.
7.2 The transfer of the content to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted, unless the seller has agreed to a transfer of the contractual license to the third party.
7.3 Insofar as the contract relates to the one-time provision of digital content, the granting of rights shall only become effective once the Customer has paid the remuneration owed in full. The Seller may provisionally permit the use of the contractual content even before this point in time. No transfer of rights shall take place as a result of such provisional permission.
8) Retention of title
If the seller makes advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
9) Liability for defects (warranty)
9.1 Unless otherwise stated in the following provisions, the provisions of the statutory liability for defects shall apply. Notwithstanding the foregoing, the following shall apply to contracts for the delivery of goods:
9.2 If the customer acts as an entrepreneur,
- the seller has the choice of the type of subsequent performance;
- the limitation period for defects in new goods is one year from delivery of the goods;
- the rights and claims due to defects are excluded for used goods;
- the limitation period shall not begin again if a replacement delivery is made within the scope of liability for defects.
9.3 The above-mentioned limitations of liability and shortening of time limits shall not apply to
- for claims for damages and reimbursement of expenses of the customer,
- in the event that the seller has fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their customary use and have caused its defectiveness,
- for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.
9.4 In addition, for entrepreneurs, the statutory limitation periods for any statutory right of recourse shall remain unaffected.
9.5 If the Customer acts as a consumer, he is requested to complain about delivered goods with obvious transport damage to the delivery person and to inform the Seller thereof. If the customer does not comply with this, this shall have no effect on his statutory or contractual claims for defects.
10) Special conditions for assembly/installation services
If, according to the content of the contract, the Seller is also responsible for the assembly or installation of the goods at the Customer's premises in addition to the delivery of the goods and, if applicable, for the corresponding preparatory measures (e.g. measurement), the following shall apply:
10.1 The Seller shall provide its services, at its option, in its own person or by qualified personnel selected by it. In doing so, the Seller may also use the services of third parties (subcontractors) acting on its behalf. Unless otherwise stated in the Seller's service description, the Customer shall not be entitled to select a particular person to perform the requested service.
10.2 The Customer shall provide the Seller with the complete and truthful information required for the provision of the service owed, unless the procurement of such information falls within the scope of the Seller's obligations according to the content of the contract.
10.3 The Seller shall contact the Customer after the conclusion of the Contract in order to agree on a date for the performance owed. The Customer shall ensure that the Seller or the personnel appointed by the Seller have access to the relevant facilities of the Customer on the agreed date.
10.4 The risk of accidental loss and accidental deterioration of the goods sold shall not pass to the customer until the assembly work has been completed and the goods have been handed over to the customer.
11) Redemption of promotional vouchers
11.1 Vouchers issued free of charge by the Seller as part of promotions with a specific validity period and which cannot be purchased by the Customer (hereinafter "Promotion Vouchers") can only be redeemed in the Seller's online store and only during the specified period.
11.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
11.3 promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
11.4 Only one promotional voucher can be redeemed per order.
11.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
11.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
11.7 The credit balance of a promotional voucher is neither paid out in cash nor does it earn interest.
11.8 The promotional voucher shall not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of revocation.
11.9 The promotional voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the promotional voucher in the Seller's online store. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of authorization to represent the respective holder.
12) Redemption of gift vouchers
12.1 Gift vouchers that can be purchased via the Seller's online store (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online store, unless otherwise stated in the Gift Voucher.
12.2 Gift Vouchers and remaining balances of Gift Vouchers are redeemable until the end of the third year following the year of purchase of the Gift Voucher. Remaining credits will be credited to the customer until the expiration date.
12.3 gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
12.4 Only one gift voucher can be redeemed per order.
12.5 Gift Vouchers can only be used to purchase goods and cannot be used to purchase additional Gift Vouchers.
12.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
12.7 The balance of a gift voucher is neither paid out in cash nor does it earn interest.
12.8 The gift voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the gift voucher in the Seller's online store. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of authorization to represent the respective holder.
13) Applicable law
All legal relations between the parties shall be governed by the laws of the Republic of Austria to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
14) Jurisdiction
If the customer acts as a merchant, legal entity under public law or special fund under public law with its registered office in the territory of the Republic of Austria, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer has its registered office outside the territory of the Republic of Austria, the seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the Seller shall in any case be entitled to bring the matter before the court at the Customer's place of business.
15) Code of conduct
- The seller has submitted to the Trusted Shops quality criteria, which can be viewed on the Internet at
16) Alternative dispute resolution
16.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https:
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
16.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.