General Terms and Conditions

General Terms and Conditions

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Pumpenkost GmbH) via the website www.pumpenkost.com. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby rejected.

(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of Contract

(1) The subject of the contract is the sale of goods.

(2) By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to order" button (or similar designation) and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed as an order overview.

If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as a payment method, you will either be redirected to the order overview page in our online shop or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you make the appropriate selection or entry of your data there. Finally, the order data will be displayed as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.

Before submitting the order, you have the option to review the information in the order overview again, change it (also via the "back" function of the internet browser) or cancel the order.

By sending the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with costs", "pay" / "pay now" or similar designation), you legally declare the acceptance of the offer, whereby the contract is concluded.

(4) Your inquiries for the creation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days (unless a different period is specified in the respective offer).

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are partly automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of the e-mails is technically ensured and, in particular, is not prevented by SPAM filters.

§ 3 Right of Retention, Retention of Title

(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

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

(3) If you are an entrepreneur, the following also applies:

a) We reserve title to the goods until all claims from the ongoing business relationship have been settled in full. Pledging or transfer of ownership by way of security is not permitted before the transfer of ownership of the reserved goods.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale, and we accept the assignment. You remain authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) In the event of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities due to us at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.

§ 4 Warranty

  1. Statutory liability rights for defects exist.
  2. (2) If you are informed by us before submitting the contractual declaration and this has been expressly and separately agreed, the limitation period for defect claims for used goods is one year from the delivery of the goods. The above restriction does not apply:
  • for damages culpably caused by us from injury to life, body or health and for other damages caused intentionally or by gross negligence;
  • insofar as we have fraudulently concealed the defect or have given a guarantee for the quality of the goods.

(3) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of complaints as quickly as possible. Failure to do so will not affect your statutory warranty claims.

(4) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(5) If you are an entrepreneur, the following applies deviating from the above warranty regulations:

a) Only our own specifications and the manufacturer's product description are deemed to be agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.

b) In the event of defects, we shall, at our discretion, provide a warranty by rectification or replacement delivery. If the rectification of defects fails, you can, at your discretion, demand a reduction or withdraw from the contract. The rectification of defects shall be deemed to have failed after the second unsuccessful attempt, unless something else arises, in particular, from the nature of the goods or the defect or other circumstances. In the case of rectification, we do not have to bear the increased costs incurred by moving the goods to a place other than the place of performance, provided that the move does not correspond to the intended use of the goods.

c) The warranty period is one year from the delivery of the goods. The shortening of the period does not apply:

- for damages culpably caused by us from injury to life, body or health and for other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have given a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their usual use and have caused its defectiveness;
- for statutory recourse claims that you have against us in connection with defect rights.

§ 5 Choice of Law

(1) German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favourability).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.

II. Customer Information

1. Identity of the Seller

Pumpenkost GmbH
Südbahnstraße 24
A-9900 Lienz
Tel: +436764220209
Mail: office@pumpenkost.com

Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), accessible at https://ec.europa.eu/odr.

We are not willing and not obliged to participate in dispute resolution procedures before consumer arbitration bodies.

2. Information on the Conclusion of the Contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction possibilities are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I.).

3. Contract Language, Storage of Contract Text

3.1. The contract language is German.

3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. After receipt of the order by us, the order data, the legally prescribed information for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.

3.3. In the case of offer inquiries outside the online shopping cart system, you will receive all contract data in text form as part of a binding offer, e.g. by e-mail, which you can print out or save electronically.

4. Essential Characteristics of the Goods or Service

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and Payment Terms

5.1. The prices listed in the respective offers as well as the shipping costs are total prices. They include all price components including all applicable taxes.

5.2. The applicable shipping costs are not included in the purchase price. They can be called up via a correspondingly marked button on our website or in the respective offer, are shown separately during the ordering process and must be borne by you in addition, unless free shipping has been promised.

5.3. If delivery is made to countries outside the European Union, additional costs beyond our control may arise, such as customs duties, taxes or money transfer fees (bank transfer or exchange rate fees of credit institutions), which are to be borne by you.

5.4. Costs incurred for money transfer (bank transfer or exchange rate fees of credit institutions) are to be borne by you in cases where delivery is made to an EU member state, but payment was initiated outside the European Union.

5.5. The payment methods available to you are listed under a correspondingly marked button on our website or in the respective offer.

5.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

6. Delivery Conditions

6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly marked button on our website or in the respective offer.

6.2. If you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.

If you are an entrepreneur, delivery and shipment are at your risk.

7. Statutory Liability for Defects

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

Last updated: 24.07.2024

General Terms and Conditions (GTC) – Pumpenkost GmbH

I. Scope

  1. These GTC apply to all contracts you conclude with us, Pumpenkost GmbH, Südbahnstraße 24, A-9900 Lienz, Austria, via www.pumpenkost.com.
  2. Deviating GTC of the customer shall only become effective if we agree to them in writing.
  3. Consumer (B2C): Natural persons who conclude a legal transaction not predominantly for commercial or independent professional purposes (§ 1 KSchG - Austrian Consumer Protection Act).
  4. Entrepreneur (B2B): Natural or legal persons or legal partnerships who, when concluding a legal transaction, act in the exercise of their commercial or independent professional activity.
  5. Contract language: German

II. Conclusion of Contract

  1. The subject of the contract is the sale of goods via our online shop or by e-mail.
  2. The contract is concluded when the customer completes the order via the shopping cart system or submits a binding offer to us by e-mail and we confirm this by e-mail.
  3. Technical steps & correction options in the online shop:
    • The goods intended for purchase are placed in the "shopping cart".
    • Before submitting the order, the customer can check, change or cancel the order.
    • If an instant payment system is used, a redirection to the payment provider may occur. (Payment methods: credit card, Klarna, PayPal, Sofortüberweisung, EPS etc.)
    • After completion, the order data will be confirmed by e-mail.
  4. B2C: Before the conclusion of the contract, the rights described in the cancellation policy apply.
  5. B2B: There is no statutory right of return.

III. Retention of Title

  1. B2C: The goods remain our property until full payment (§ 1057 ABGB - Austrian General Civil Code). This does not affect the consumer's statutory rights of withdrawal or cancellation.
  2. B2B: Retention of title applies until all claims from the ongoing business relationship have been settled in full. Resale is permitted in the ordinary course of business; we assign claims.
    • Before the transfer of ownership, pledging or transfer of ownership by way of security of the goods is not permitted.
    • In the event of resale, all claims in the amount of the invoice are assigned to us; you remain authorized to collect them.
    • In the event of combination or mixing of the goods, we acquire co-ownership in proportion to the invoice value.
    • Securities will be released at your request to the extent that their value exceeds the claim to be secured by more than 10%.

IV. Warranty

  1. B2C: Statutory rights for defects, 2 years for new goods, 1 year for used goods (§ 922 ABGB).
    • Consumers are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to report complaints as quickly as possible.
  2. B2B: Warranty is only provided under the contractually agreed conditions, minimum period 1 year. Rectification or replacement delivery will be made at our discretion. Exclusion of further claims is permissible to the extent permitted by law.
    • Rectification or replacement delivery at our discretion.
    • If the rectification of defects fails, the customer can choose reduction or withdrawal.
    • We do not bear the increased costs if the goods are moved to a location other than the place of performance.
    • Exclusion of further claims to the extent legally permissible.

V. Return & Refund Information (B2C)

  1. Consumers have a 14-day right of withdrawal according to the Distance Selling Act (FAGG).
  2. The period begins upon receipt of the goods.
  3. Consequences: Refund of the purchase price and return of the goods.
  4. Return and Refund Information
  5. Unless otherwise stated, the consumer bears the cost of return shipping.

VI. Prices, Payment and Delivery

  1. Prices include VAT; shipping costs are shown separately.
  2. Shipping costs and delivery times are displayed before the order is completed.
  3. B2C within EU: Shipping at our risk until handover to the consumer.
  4. B2B within EU: Shipping at our risk until handover to the customer.
  5. Payment methods: credit card, Klarna, PayPal, Sofortüberweisung, EPS etc.
  6. Shipping to non-EU countries: Customer bears customs duties, taxes, fees.
  7. Payments are due immediately, unless otherwise stated.
  8. Shipping Information

VII. Taxes

  1. B2C EU deliveries: VAT according to Austrian law, possibly the tax of the destination country at thresholds.
  2. B2B EU deliveries: Intra-Community supply is tax-free with a valid VAT ID.

VIII. Choice of Law and Jurisdiction

  1. Austrian law applies; UN Convention on Contracts for the International Sale of Goods is excluded.
  2. For consumers, the principle of favourability applies; mandatory consumer protection rights of the country of residence remain unaffected.

IX. Customer Information / Contact

Last updated: 10/10/2025