General Terms and Conditions (GTC)

§1 SCOPE AND EXTENT

(1) The following General Terms and Conditions apply to all offers, deliveries and sales transactions between DrEberhardt GmbH, A-1230 Vienna, Johann Teufelgasse 75 (DrEberhardt), and you as a consumer (you, your), in the version valid at the time of the order.
(2) A consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity (§ 13 BGB). The online shop is directed exclusively at buyers who have reached the age of 18.

§2 CONCLUSION OF A CONTRACT, STORAGE OF THE CONTRACT TEXT

(1) The presentation of the goods in our online shop does not constitute a legally binding contractual offer on our part, but is merely a non-binding offer to you as a consumer to order goods.
(2) You can select products from the DrEberhardt range and collect them in a so-called shopping cart via the “Add to cart” button. By clicking the button “Place order with obligation to pay”, you submit a binding application to purchase the goods contained in the shopping cart. Before submitting the order, you can view and change the data at any time. However, you can only submit and transmit the order if you accept these contractual conditions by ticking the box “I have read the GTC and agree to them” and thereby include them in your application.
(3) DrEberhardt will then send you an automatic confirmation of receipt by e-mail, in which your order is listed again and which you can print out via the “Print” function. The automatic confirmation of receipt merely documents that your order has been received by DrEberhardt and does not constitute acceptance of the application.
(4) We can only accept your order if delivery is made to Austria or Germany. For all other countries, we refer you to contact via the email address office@dreberhardt.com.
(5) You can also view the GTC at any time at https://www.DrEberhardt.com/Footer-Navigation/AGB.
(6) Deviations in colors, illustrations, dimensions, weights and other data on the website are non-binding unless otherwise specified or agreed. DrEberhardt GmbH reserves the right to deviate from the contractually agreed characteristics of the products insofar as such deviations are customary in trade or represent an improvement for the end customer.
(7) DrEberhardt decides on the acceptance of an offer at its own discretion. We are free to reject orders as long as this is objectively justified. In the event of rejection, the customer will be informed by e-mail.
(8) Acceptance of the offer can be declared by DrEberhardt either expressly, e.g. by means of a declaration of acceptance by e-mail, but also implicitly by dispatching the goods.
(9) Should the DrEberhardt shop contain an obvious error, DrEberhardt is not obliged to execute the order, but will inform you immediately that the order will not be executed.
(10) No contracts are concluded with customers who are not consumers within the meaning of the Consumer Protection Act (Austria). In this respect, reference is made to the possibility of access via a customer number and password assigned by DrEberhardt in the login area.
(11) Your contractual partner is:
DrEberhardt GmbH, Johann Teufelgasse 75, 1230 Vienna
Tel: (+43) 02682 64347-0
Email: office@dreberhardt.com

Shipping: DrEberhardt GmbH, Eisenstädterstraße 11, 7061 Trausdorf

§4 DELIVERY / ACCEPTANCE

(1) DrEberhardt will deliver the goods by post to the address you have specified.
(2) Unless we have clearly stated otherwise in the product description, all items offered by us are in stock and are usually dispatched within 1–3 working days. DrEberhardt points out that all delivery information regarding a product is only approximate information.
(3) The risk of accidental loss and accidental deterioration of the sold item shall pass to the buyer only upon transfer of the item to the buyer, even in the case of shipment purchase

§5 RETENTION OF TITLE

The goods remain our property until full payment of the purchase price.

§6 RIGHT OF WITHDRAWAL OF THE CUSTOMER AS A CONSUMER

Right of withdrawal:

You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.

To exercise your right of withdrawal, you must inform us:

DrEberhardt GmbH
Eisenstädterstrasse 11
A-7061 Trausdorf
Tel: (+43) 02682 64347-0
email: office@dreberhardt.com

by means of a clear declaration (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but this is not mandatory.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments we have received from you, including delivery costs (with the exception of the additional costs resulting from your choosing a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we receive notification of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this reimbursement.

We may refuse reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you inform us of the withdrawal of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
We bear the costs of returning the goods provided that you use the return label transmitted by us with the withdrawal confirmation. If you choose a different type of return, you must bear the direct costs of the return yourself.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of them which is not necessary for checking the nature, characteristics and functioning of the goods.
If you have requested that the services should begin during the withdrawal period, you must pay us an appropriate amount corresponding to the proportion of the services already provided up to the time at which you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

End of withdrawal instruction.

§7 WITHDRAWAL FORM

Model withdrawal form

(If you wish to withdraw from the contract, please fill out this form and return it)

To:
DrEberhardt GmbH
Eisenstädterstrasse 11
A-7061 Trausdorf
Tel: (+43) 02682 64347-0
email: office@dreberhardt.com

I/we () hereby withdraw from 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 consumer(s) 

Address of consumer(s) 

Signature of consumer(s) (only if notification is on paper) 

Date  

§8 WARRANTY / PRODUCT LIABILITY

(1) Unless otherwise specified, the general statutory provisions apply.
(2) The warranty is excluded for defects caused by the customer. This is particularly the case in the event of improper handling, incorrect operation or unauthorized repair attempts.
(3) If delivered items show obvious material or manufacturing defects (including transport damage), we ask you to notify us immediately.
(4) Unlimited liability: We are liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. In the case of slight negligence, we are liable for damages resulting from injury to life, body and health of persons 7
(5) Otherwise, the following limited liability applies: In the case of slight negligence, we are only liable in the event of a breach of an essential contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which you may regularly rely (cardinal obligation). Liability for slight negligence is limited in amount to the foreseeable damage typical for the contract at the time of conclusion of the contract. This limitation of liability also applies in favor of our vicarious agents
(6) Follow all instructions for use given in brochures, descriptions or other product or goods information in order to avoid any possible damage. Any use beyond the defined areas of application is expressly warned against.

§9 THIRD-PARTY CONTENT

Insofar as the DrEberhardt website contains links to other websites, DrEberhardt assumes no responsibility for the protection of personal data on those other websites.

§10 INTELLECTUAL PROPERTY

All rights of any kind whatsoever, in particular intangible rights such as intellectual property, copyrights, etc., to the internet pages of the DrEberhardt online shop, including their design and content, in particular all documents, elements and programs, remain exclusively with DrEberhardt and may not be reproduced, distributed, processed or publicly reproduced without prior express consent.

§11 ALTERNATIVE DISPUTE RESOLUTION

(1) 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 involving a court. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/.
(2) We endeavor to settle any disagreements arising from our contract amicably. Furthermore, we are not obliged to participate in a dispute resolution procedure and unfortunately cannot offer you participation in such a procedure.

§12 FINAL PROVISIONS

(1) Should one or more provisions of these conditions be or become invalid, this shall not affect the validity of the remaining content.
(2) The contractual relationship shall be governed exclusively by Austrian law. The applicability of the UN Convention on Contracts for the International Sale of Goods is expressly excluded.
(3) If mandatory provisions of the Consumer Protection Act conflict with the validity of individual provisions of these GTC, it is agreed that the relevant mandatory provisions of the Consumer Protection Act shall take the place of the GTC. All other provisions of these GTC shall remain fully valid.
(4) Provisions on data protection are contained in the privacy policy.
(5) If you are a merchant, a legal entity under public law or a special fund under public law, our place of business shall be the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.
(6) German shall be the sole contractual language.

Status of the GTC: March 2025