General Terms and Conditions (GTC)
Effective Date: [Here would be the date]
1. Scope of Application
These General Terms and Conditions (GTC) apply to all sales, deliveries, and services provided by KomfortKlima to consumers and business customers. Deviating terms and conditions of the customer are not recognized unless explicitly agreed to in writing.
2. Conclusion of Contract
A contract is concluded when the customer places an order and we confirm acceptance either in writing, via email, or through delivery of the goods. Product representations on our website, in brochures, or advertisements do not constitute legally binding offers but serve as an invitation to submit an order.
3. Prices and Payment Terms
All prices are in \[EUR/USD/Your Currency] and include VAT, unless otherwise stated.
Shipping costs and any additional services will be charged separately and shown during the checkout process.
Payment is due immediately upon order unless otherwise agreed. Accepted payment methods include [list payment methods].
We reserve the right to cancel orders if payment is not received within [X] days.
4. Delivery and Shipping
Delivery is made to the address provided by the customer.
Delivery times are non-binding unless explicitly confirmed as binding in writing.
If a product is not available after order confirmation due to unforeseen circumstances, we reserve the right to withdraw from the contract and will immediately inform the customer and refund any payments already made.
5. Retention of Title
The goods remain the property of KomfortKlima until full payment has been received.
6. Right of Withdrawal (Consumers Only)
Consumers have the right to withdraw from the contract within 14 days without giving any reason. The withdrawal period starts on the day the customer or a third party designated by the customer takes possession of the goods.
To exercise the right of withdrawal, please contact:
KomfortKlima
[Address]
[Email Address]
[Phone Number]
Effects of withdrawal:
If you withdraw from this contract, we will refund all payments received, including delivery costs (except additional costs due to special delivery methods), within 14 days using the same payment method originally used.
The customer bears the direct cost of returning the goods.
7. Warranty and Liability
The statutory warranty period applies.
In case of defects, customers may request repair or replacement. If these remedies fail, a price reduction or cancellation may be requested.
No warranty applies to damages caused by improper use, wrong installation, wrong or lack of maintenance, unauthorized repairs, or normal wear and tear. For example, Air conditioning units should be serviced at least once a year, ideally during the spring before the summer heat arrives.
Liability for damages is limited to cases of intentional or gross negligence. We are not liable for indirect or consequential damages unless legally required.
8. Data Protection
Personal data is collected, processed, and stored only to the extent necessary for contract execution and in compliance with applicable data protection regulations (e.g., GDPR). For details, see our Privacy Policy.
9. Applicable Law and Jurisdiction
Contracts are governed by the Austrian laws, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
10. Final Provisions
If any provision of these GTC is or becomes invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced with a valid one that best reflects the original intent.