1. SCOPE
1. These General Terms and Conditions apply to the sale of goods by
Dolomiten Resort Betriebs GmbH with its registered office and business address in Bad
Jungbrunn 4, 9907 Tristach.
2. The General Terms and Conditions may be amended by Dolomiten Resort Betriebs
GmbH at any time and are valid at the time of the order
of the customer in its current version.
3. Deviating terms and conditions are not valid unless the
Dolomiten Resort Betriebs GmbH must confirm this in writing before accepting the order.
or by email.
4. By placing an order, the customer agrees to these General Terms and Conditions
Terms and Conditions.
5. The customer’s order represents a binding offer. Acceptance of the
The offer of the customer by Dolomiten Resort Betriebs GmbH is made by
actual delivery of the ordered goods. Dolomiten Resort Betriebs GmbH is
entitled to refuse an order without giving reasons.
2. PRICES AND SHIPPING COSTS
1. The prices offered for the goods are gross prices in Euro and
For deliveries within Germany, prices include all statutory taxes and duties.
However, the prices offered do not include any packaging and
shipping costs.
2. For deliveries outside Austria, additional customs duties and/or taxes may apply
including any import or export duties and any
Consumption taxes that lead to a change in the gross prices offered
Such duties and/or taxes are to be paid at the respective statutory rate
Deliveries outside Austria can only be made
only if the delivery is not subject to legal or disproportionate
logistical obstacles.
3. Prices are based on costs at the time of initial pricing.
Should the costs increase by the time an order is placed by the
Buyer, Dolomiten Resort Betriebs GmbH is entitled to change the prices
The binding prices are published in the online shop
displayed in the shopping cart after correct selection, and when submitted by email
Order in the form provided by Dolomiten Resort Betriebs GmbH in writing (including
by fax or e-mail).
4. All costs incurred by shipping are borne by the buyer. The costs of
Delivery will be made when ordering in the Internet online shop after correct selection in the
shopping cart, and in the case of an order placed by email, in the
Dolomiten Resort Betriebs GmbH in writing (including by fax or email)
submitted order confirmation.
3. PAYMENT AND DEPOSIT
1. The purchase price is due upon conclusion of the contract, at the latest upon delivery of the goods. This
also applies to partial deliveries where the purchase price for the delivered
partial quantities are to be paid.
If delivery with delivery is agreed, the delivery charges will be charged separately
The fee is due upon delivery of the goods. If the
If the price charged is not paid in full upon delivery, the deliverer of the goods
entitled to take them back at the buyer's expense. Justified
Complaints do not entitle the buyer to retain the entire
but only a reasonable part of the invoice amount.
In transactions with consumers, the latter may refuse payment entirely if
if Dolomiten Resort Betriebs GmbH does not deliver in accordance with the contract
or the performance was made impossible by their poor financial circumstances, the
were neither known nor known to the consumer at the time of conclusion of the contract
The Dolomiten Resort Betriebs GmbH offers a
If appropriate security is not provided, this right to refuse payment shall no longer apply.
2. Dolomiten Resort Betriebs GmbH retains title to all goods until
full payment of the purchase price including additional fees.
3. Payments to the staff of Dolomiten Resort Betriebs GmbH will only be
recognized if they are confirmed with a cash receipt. This provision
does not apply to transactions with consumers within the meaning of the Austrian
Consumer Protection Act.
4. If the buyer is in default with payment or other performance, the
Dolomiten Resort Betriebs GmbH:
• the fulfilment of their own obligations until the
postpone outstanding payments or other services,
• an appropriate extension of the delivery period corresponding to the delay of the customer
delivery deadline,
• make the entire or outstanding purchase price immediately due (default);
This also applies if an instalment payment agreement is made with the consumer under
provided that Dolomiten Resort Betriebs GmbH provides its services
has already provided, at least a arrears performance of the consumer
has been due for at least 6 weeks and the Dolomiten Resort Betriebs GmbH
the consumer under threat of loss of the deadline and setting a
grace period of at least 2 weeks without success, whereby the immediate
due installments, taking into account a deduction for the remaining term
corresponding interest rates are to be reduced,
• Default interest of 61 TP3T above the base interest rate of the Austrian
National Bank, at least EUR 101 TP3T per year, plus VAT, and
• withdraw from the contract if a reasonable grace period is not observed,
as well as
• from the buyer the resulting reminder and collection costs, insofar as they are
are necessary for the appropriate legal action and are in a
reasonable proportion to the claim being pursued.
4. TRANSFER OF RISK
1. If the buyer collects the goods himself, use and risk shall pass to the buyer at the latest
upon handover at the cash register to the buyer.
2. Upon delivery, Dolomiten Resort Betriebs GmbH shall determine – in the absence of special
Instructions by the buyer – as agent of the buyer mode of transport and
Transport route. Upon delivery, use and risk pass to the buyer with the
Handover of the goods from Dolomiten Resort Betriebs GmbH to the carrier.
Delivery is therefore at the buyer’s expense and risk.
3. Upon delivery, Dolomiten Resort Betriebs GmbH shall determine – in the absence of special
Instructions by the buyer – as agent of the buyer mode of transport and
Transport route. Upon delivery, use and risk shall be borne by the buyer, provided that he
Consumer within the meaning of the Consumer Protection Act, as soon as the goods are delivered to
this or to a designated carrier other than the carrier
Third party, but the consumer himself has concluded the transport contract
closed without a proposed to Dolomiten Resort Betriebs GmbH
If you use the option of selection, the risk passes to you upon delivery of the goods.
the carrier.
5. RETURN OF GOODS AND RIGHT OF WITHDRAWAL
1. Dolomiten Resort Betriebs GmbH is prepared, until further notice, to
Goods against reimbursement of the full purchase price under the following conditions
Return: The return must be made within 14 days from the invoice date
in its original packaging, undamaged and with the original invoice.
Refund of the purchase price will be made in the form of a credit.
2. If the buyer is a consumer within the meaning of the Consumer Protection Act and has
his order by post, telephone, fax, e-mail or via the Internet online shop
he can, in accordance with §§ 11 FAGG and in deviation from point 5.1, within
within fourteen days from the date of receipt of the goods by the buyer, the withdrawal from the
The withdrawal period begins as soon as the buyer or a person authorized by him
designated third party has taken over the goods. In the case of a purchase contract for
several goods, the withdrawal period begins as soon as the buyer or a person authorized by him
designated third party the last partial shipment, the last goods or the last piece
has taken over. The day of takeover is not included in the time limit.
Saturdays, Sundays and public holidays are included in the calculation of the deadline. To maintain the
The timely dispatch of the declaration of withdrawal or the
return of the goods.
To exercise your right of withdrawal, you must contact Dolomiten Resort
Betriebs GmbH, Bad Jungbrunn 4, 9907 Tristach, E-
Mail: badjungbrunn@dolomitenresort.at by means of a clear statement (e.g. a
letter sent by post or email) of your decision to terminate this contract
To comply with the cancellation period, it is sufficient that you
Notification of the exercise of the right of withdrawal before the expiry of the withdrawal period
send.
3. Consequences of revocation: If you revoke this contract, Dolomiten Resort
Betriebs GmbH payments received from you, including delivery costs (with
Except for the additional costs resulting from your choosing a different type
delivery than the cheapest offered by Dolomiten Resort Betriebs GmbH
standard delivery), immediately and at the latest within fourteen
days from the day on which we receive notification of your withdrawal from this
contract with Dolomiten Resort Betriebs GmbH. For this
For repayment, Dolomiten Resort Betriebs GmbH uses the same
The means of payment you used for the original transaction, unless
unless something else has been expressly agreed with you. In no case will
You will be charged fees for this repayment. The Dolomiten Resort Betriebs
GmbH may refuse repayment until the goods have been received or
until you have provided evidence that you have returned the goods,
whichever is earlier. You must return the goods promptly and within
in any case no later than fourteen days from the day on which you enter the Dolomites
Resort Betriebs GmbH about the cancellation of this contract, to the
Dolomiten Resort Betriebs GmbH, Bad Jungbrunn 4, 9907 Tristach,
or to hand over. The deadline is met if you return the goods before the deadline has expired.
fourteen days.
6. ORDERS, CONTRACTUAL PROVISIONS, DELIVERY PERIOD, DELIVERY OBSTACLES,
WITHDRAWAL FROM THE CONTRACT
1. Dolomiten Resort Betriebs GmbH accepts orders via email or via the
Internet online shop. When placing an order, the customer has a
desired delivery date as well as an alternative date and the exact delivery location
The customer is obliged to provide the proper
To ensure that the ordered goods are received at the specified delivery location.
Dolomiten Resort Betriebs GmbH will send the customer a written
(including by fax or email) order confirmation with all relevant
order data.
2. In case of non-acceptance of ordered goods, the Dolomiten Resort Betriebs
GmbH is entitled to claim compensation for the additional expenses incurred, such as
frustrated transport costs.
3. Orders are accepted subject to availability.
the delivery or the compliance with an agreed delivery period by the
Dolomiten Resort Betriebs GmbH is not responsible for any circumstances, so
the obligation to deliver on the scheduled delivery date expires. The Dolomiten
Circumstances beyond the control of Resort Betriebs GmbH include in particular:
Difficulties in obtaining goods or materials from third parties,
Operational disruptions, traffic disruptions, lockouts and all cases of force majeure
Force majeure. In such cases, Dolomiten Resort Betriebs GmbH will reimburse the buyer
contact us immediately to arrange an alternative date for the prevented delivery.
If the buyer is offered a new contract by Dolomiten Resort Betriebs GmbH
Delivery date is offered no later than two weeks after one of the
originally agreed delivery dates, and delivery on this new
If the order is also carried out properly, a timely delivery is guaranteed.
sense of the purchase contract.
4. If Dolomiten Resort Betriebs GmbH cannot provide the buyer with a new delivery date
according to point 6.3 or the new delivery date can also be determined from the conditions set out in point 6.3.
mentioned cases (impossibility of delivery on the agreed date due to
circumstances beyond the control of Dolomiten Resort Betriebs GmbH)
Dolomiten Resort Betriebs GmbH is entitled to withdraw from the contract
in whole or in part without being liable for damages.
In these cases, the buyer may also withdraw from the contract.
5. In the case of divisible services, the buyer has no right of withdrawal with regard to deliverable parts,
as far as parts of the service are fulfillable and usable for the buyer.
same conditions, or if the remaining parts are delivered on time (in the sense of
point 6.3), the buyer is not entitled to refuse acceptance
to refuse partial deliveries.
6. Changes or cancellations of orders by the buyer require
written form (including by fax or email).
7. WARRANTY
1. Promises, such as about the usability or special properties of the goods, or
Statements made by employees of Dolomiten Resort Betriebs GmbH are non-binding
and do not constitute an express warranty of certain properties if they
not in writing (including by fax or email).
2. Warranty claims require that defects of the Dolomiten Resort
Betriebs GmbH must be reported immediately, and any visible defects immediately
upon receipt, hidden defects after discovery, and upon presentation of the
opened goods and original invoice.
3. A warranty claim is in any case limited to the purchase price of the delivered and
defective goods.
4. Dolomiten Resort Betriebs GmbH fulfils its warranty obligations
at their discretion either by delivery of defect-free goods, improvement,
Subsequent delivery of missing quantities or reversal of the contract (ie repayment
of the purchase price) within a reasonable period of time.
5. For transactions with consumers within the meaning of the Austrian
Consumer Protection Act, instead of points 7.1 to 7.4, the customer in the
In the event of a defect, at his discretion and in compliance with the statutory
Provisions for improvement, replacement of the item, reasonable price reduction
or can desire change.
6. The warranty period is 2 years from the date of transfer of risk
pursuant to point 4.
8. LIABILITY FOR DAMAGES
1. Dolomiten Resort Betriebs GmbH is liable for damages in accordance with the statutory
Liability for damages caused by slight negligence is, however,
excluded. The limitation of liability does not apply to damages resulting from the violation
of life, body or health of people and for claims under
the Austrian Product Liability Act. Dolomiten Resort Betriebs GmbH
is therefore only liable for intentional and grossly negligent violation of the
In the event of gross negligence, the liability
Liability for compensation up to EUR 10,000.00.
2. For transactions with consumers within the meaning of the Austrian
Clause 8.1 of the Consumer Protection Act does not apply.
3. Any offsetting, retention or reduction of the purchase price due to any
Counterclaims which the buyer has against Dolomiten Resort Betriebs
GmbH, unless it is established by a court
have been expressly excluded.
9. COLLECTION, DELAY IN ACCEPTANCE BY THE BUYER
1. If the goods are not picked up or taken over within the deadline, the
Dolomiten Resort Betriebs GmbH has the right to either return the goods at the risk of
Buyer, subject to a storage fee of 5% of the invoice amount per
month plus VAT and to fulfil the contract
or after setting a grace period of 2 weeks from the contract
to withdraw and resell the goods to another customer, whereby
In this case, the buyer will be charged an immediate handling fee of 10% of the
purchase price plus VAT.
10. OTHER PROVISIONS
1. The place of performance for both Dolomiten Resort Betriebs GmbH and the buyer is
the business address of Dolomiten Resort Betriebs GmbH. This does not apply to
consumer contracts.
2. For the decision of all disputes arising in connection with contractual relationships
Disputes in which no consumer is involved are subject to the jurisdiction of the District Court of Lienz
exclusively responsible.
3. The contract is subject to Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods
with the restriction that mandatory provisions of the law of the State in which
where the consumer has his or her habitual residence.
