GENERAL TERMS AND CONDITIONS
General Terms and Conditions - HIDALGO
- Scope of application
The following General Terms and Conditions apply to business relationships that are established with a customer via a HIDALGO website. - Offer and conclusion of contract
The contract is concluded by the offer/order of the customer and the acceptance of HIDALGO via e-mail (express) or by sending the goods (implied). The prices and product offers in the webshop are non-binding and can be changed by Hidalgo at any time. HIDALGO will send the Customer the contract/invoice together with a copy of the General Terms and Conditions by e-mail or by post. - Revocation & revocation instructions can be found at https://hidalgo-sattel.com/j/shop/withdrawal
- Prices
All prices are EURO (€) prices and include the Austrian statutory VAT of 20% or 19% for deliveries to Germany. As the goods may be subject to price fluctuations, the price at the time of ordering always applies. - Delivery
Delivery times vary depending on the manufacturer, can take between 8-16 weeks (except for stock items, which are available immediately) and must be requested from HIDALGO by e-mail. In exceptional cases, the delivery time may be delayed. The customer will be informed accordingly. - Payment
Payment is made in cash at the store or by bank transfer to the HIDALGO company account. Other payment methods must be agreed separately with HIDALGO. - Retention of title
HIDALGO retains title to the goods until full payment has been made by the Customer. In the event of breach of contract by the Customer, in particular in the event of default of payment, or if judicial composition proceedings or insolvency proceedings are instituted against the Customer's assets, HIDALGO is entitled to withdraw from the contract and demand the return of the goods. - Warranty and notice of defects
- Obvious defects must be reported to us in writing by the purchaser within 4 weeks of delivery of the contractual item.
- The customer shall initially have the choice of whether subsequent performance is to be effected by repair or replacement. However, we shall be entitled to refuse the type of subsequent performance chosen by the customer if it is only possible at disproportionate cost and the other type of subsequent performance is without significant disadvantages for the customer. During the subsequent performance, the reduction of the purchase price or the withdrawal from the contract by the customer are excluded. Rectification shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. If subsequent performance has failed or if we have refused subsequent performance altogether, the customer may, at his discretion, demand a reduction in the purchase price (reduction) or declare his withdrawal from the contract.
- The customer may only assert claims for damages under the following conditions due to the defect if subsequent performance has failed or we have refused subsequent performance. The right of the customer to assert further claims for damages under the following conditions remains unaffected.
- Notwithstanding the above provisions and the following limitations of liability, we shall be liable without limitation for damages to life, body and health resulting from a negligent or intentional breach of duty by our legal representatives or our vicarious agents, as well as for damages covered by liability under the Product Liability Act, and for all damages resulting from intentional or grossly negligent breaches of contract and fraudulent intent on the part of our legal representatives or our vicarious agents. Insofar as we have given a guarantee of quality and/or durability with regard to the goods or parts thereof, we shall also be liable within the scope of this guarantee. However, we shall only be liable for damages which are based on the absence of the guaranteed quality or durability but which do not occur directly on the goods if the risk of such damage is clearly covered by the quality and durability guarantee.
- We shall also be liable for damages caused by simple negligence insofar as this negligence concerns the breach of such contractual obligations, compliance with which is of particular importance for achieving the purpose of the contract (cardinal obligations). However, we shall only be liable insofar as the damages are typically associated with the contract and are foreseeable. Otherwise, we shall not be liable for simple negligent breaches of secondary obligations that are not essential to the contract. The limitations of liability contained in sentences 1 - 3 shall also apply insofar as the liability for legal representatives, executive employees and other vicarious agents is concerned.
- Any further liability is excluded regardless of the legal nature of the claim asserted. Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, staff, representatives and vicarious agents.
- The warranty period is 2 years, calculated from the transfer of risk. For used items 1 year. This period also applies to claims for compensation for consequential harm caused by a defect, provided that no claims in tort are asserted.
- Shipping and packaging costs
In principle, the respective shipping costs are shown in the confirmation e-mail that you receive immediately after placing your order. If none are integrated, the following apply: The shipping costs for a saddle within Austria are € 12.60, to Germany from € 25, to Switzerland from € 95 and to the other EU countries from € 35. Please note the information on delivery and shipping costs on the HIDALGO homepage. - Address changes
The Customer must inform HIDALGO immediately of any changes of address. If he fails to do so, the last known address is deemed to be the delivery address. The customer shall bear the costs of determining the address. - Commercial customers
Austrian law applies, place of jurisdiction is Linz.
The application of the UN Convention on Contracts for the International Sale of Goods is excluded