General Terms and Conditions of Business

1. Scope of application

These details of customer information/terms and conditions of business shall apply to all orders that are placed via the website www.kitzbuehel.com (hereinafter referred to as "the website"), irrespective of where the customer has an official or usual domicile.

2. Contractual partner

This website for the purpose of the sale of goods via the Internet is operated by

Kitzbühel Tourismus
Hinterstadt 18
6370 Kitzbühel
Austria

Complaints and claims under guarantee can be made at this address.

Phone: +43-5356-777
Fax: +43-5356-777-77
E-Mail: info@kitzbuehel.com

3. Conclusion of contract

Your website orders are deemed to be binding offers for the conclusion of purchase contracts with Kitzbühel Tourismus. We reserve the right to accept such offers within 14 days following their receipt by us or to decline them by sending you an appropriate explanation. The binding purchase contract for the goods only comes into effect following our acceptance of your order. This will be provided by E-mail, in writing or by despatch of the goods ordered. The goods shall only be despatched upon receipt of the invoice amount.

4. Performance reservation in the case of non-deliverable goods

Should the goods not be deliverable within 30 days following your order we shall be entitled to rescind the contract despite having previously confirmed its conclusion to you. In the event of rescission we shall immediately inform you about non-availability and immediately refund such consideration that you have tendered.

5. Price and additional costs

The total price of your order shall be inclusive of all ancillary and delivery costs. As stated under point 3), the goods shall only be despatched upon receipt of the full consideration.

6. Payment conditions

The purchase price for the goods shall become due upon execution of your order by Kitzbühel Tourismus. Payment can exclusively be made by bank transfer or in Austria by cash on delivery. Our claim for payment can only be offset in the case of undisputed or legally substantiated claims.

7. Delivery and right of ownership

The delivery of the goods ordered shall be performed by such delivery service that we choose and generally within 30 days from the day following receipt of your order and the delivery address supplied by you. Where required we shall, if requested, attempt to meet specific deadline requests but generally cannot provide firm agreement that this shall be done. A delivery deadline is only binding when it has been confirmed as such by Kitzbühel Tourismus in writing. The goods shall remain our property until full payment of the purchasing price.

8. Right of withdrawal

As a consumer you shall be entitled to withdraw from the order within 7 working days following receipt of the goods. Saturdays, Sundays and public holidays shall not be deemed to be working days. In the case of timely exercising of this right you shall no longer be bound by the order. What is decisive for exercising this right of withdrawal is the date upon which the declaration of withdrawal or goods were sent to us. In the event of withdrawal you shall be responsible as a consumer to return them immediately to Kitzbühel Tourismus, Hinterstadt 18, 6370 Kitzbühel, Austria.

Withdrawal may be made in writing, by fax or by E-mail to the address stated in item 2. Timely despatch shall determine compliance with the time limit. Return of goods shall be performed at the risk and cost of Kitzbühel Tourismus, whereby you will be expected to bear the costs of return in the case of orders up to the value of up to 40 Euro, unless the goods sent do not correspond to the goods that were ordered. Returns must me made at the latest by 30 days following the declaration of withdrawal.

9. Guarantee

In the case of defects in the goods sent you have the choice between rescission of the contract or - if the goods are still available - to replacement by non-defective goods. There is no independent warranty.

10. Liability

Kitzbühel Tourismus shall only bear liability for damage that was caused intentionally or by gross negligence inasmuch as there is no clear indication of violation of any of the material obligations that would affect the fulfilment of the contract. In the case of careless negligence in violation of the material obligations of the contract, liability shall be restricted to such a level of damage that would be typically applicable and foreseeable for the contract. The aforementioned liability restrictions shall apply to all damage claims, irrespective of their legal nature, including the law of torts; they shall not apply to possible liability in accordance with the product liability act, to initial inability of performance because of a specified standard or to the causing of death or personal injury. The aforementioned exclusions and limited liability shall also apply to possible claims made against the employees of Kitzbühel Tourismus.

11. Non-assignment

Your contractual duties may only be assigned with the written approval of Kitzbühel Tourismus.

12. Applicable jurisdiction

Contracts concluded subject to these general terms and conditions of business shall be subject solely to Austrian law, excluding any foreign jurisdiction. The United Nations Convention On Contracts For The International Sale Of Goods shall be excluded.

• back