General Terms and Conditions

§ 1 Scope

These General Terms and Conditions (the “Terms”) apply to all orders placed via the online shop IhrCarport.eu (ihrcarport.eu) of ALC Metalltechnik GmbH (hereinafter “we”). They apply to consumers within the meaning of the Austrian Consumer Protection Act (KSchG) as well as to businesses. Mandatory provisions of consumer law — in particular the KSchG, the Austrian Distance and Off-Premises Contracts Act (FAGG) and the Austrian Consumer Warranty Act (VGG) — remain unaffected by these Terms; in case of doubt, the statutory provision more favourable to the consumer applies. Deviating terms of the customer do not become part of the contract unless we expressly agree to them in writing. The language of the contract is German.

§ 2 Contracting party and contact

ALC Metalltechnik GmbH, Schlachthofstraße 1, 9100 Völkermarkt, Austria · FN 548578h, Landesgericht Klagenfurt · VAT ID ATU76388945 · Phone +43 676 6330344 · E-mail office@ihrcarport.eu. Further details: Legal notice.

§ 3 Conclusion of contract

The presentation of the products in the online shop is not a legally binding offer but a non-binding invitation to place an order. By clicking the button “order with obligation to pay” on the order summary, you submit a binding offer to purchase the goods in your basket (and, where selected, the installation service). The subsequent payment via our payment service provider is made on the basis of this offer. The contract is concluded when we accept your offer: upon receipt of our order confirmation, which we send by e-mail without delay after receipt of your payment. An automatic display of the payment process does not yet constitute acceptance.

Before submitting the order, you can check all entries on the order summary and correct them using the back function or the edit links. We store the text of the contract (order data including configuration and these Terms); you receive it with the order confirmation by e-mail. The Terms are also available at any time at ihrcarport.eu/en/terms/.

§ 4 Prices

All prices in the shop are gross prices including the applicable statutory value added tax. For deliveries to other EU countries, the VAT of the country of destination is charged; the total price shown during the ordering process already includes it. Additional shipping costs and — if selected — installation costs including the distance surcharge are shown separately and as part of the total price before the order is submitted (§ 8 FAGG).

§ 5 Payment

Payment is made via the payment service provider Stripe (Stripe Payments Europe, Ltd., Dublin, Ireland). Available payment methods include in particular credit/debit card and EPS bank transfer; the payment methods actually available are displayed during the ordering process. The total amount is due immediately upon submission of your order (offer pursuant to § 3); payment is therefore made before receipt of our order confirmation. Your card details are entered directly with Stripe and never reach our server (see Privacy policy).

§ 6 Delivery

Our carports are made to order. The production time is approx. 4 weeks from conclusion of the contract, plus the time required for delivery by the freight forwarder. We state the specific delivery period during the ordering process and in the order confirmation.

We deliver to Austria and to the other countries selectable during the ordering process in accordance with the shipping cost table displayed there. Delivery is made as freight delivery to the kerbside: unloading of the steel components, which are up to several metres long, must be organised by the customer (suitable helpers or lifting equipment). The access road to the delivery address must be passable by lorry; if it is not, please agree a solution with us before ordering. Ideally, note any visible transport damage on the freight documents at the time of acceptance and report it to us — your statutory warranty rights remain unaffected.

§ 7 Installation (optional)

We offer installation by our own team regardless of country within 350 km driving distance from our works in 9100 Völkermarkt. The installation price consists of the base price per carport size and the distance surcharge according to the zone price list published in the shop and is shown before the order is placed.

The customer must provide on site: load-bearing foundations in accordance with our foundation plan and any building permits or notifications required under building law. The installation date is agreed after completion and, for consumers, is generally after expiry of the 14-day withdrawal period; an earlier start takes place only at your express request (§ 10 FAGG, see Right of withdrawal).

§ 8 Retention of title

The delivered goods remain our property until the purchase price has been paid in full.

§ 9 Warranty

For consumers, the statutory warranty law under the Austrian Consumer Warranty Act (VGG) applies: the warranty period is two years from handover. If a defect becomes apparent within the first year after handover, it is presumed that it already existed at the time of handover (reversal of the burden of proof, § 11 VGG). Your claims are directed at repair or replacement and, where the statutory requirements are met, at a price reduction or termination of the contract. These rights exist irrespective of any voluntary guarantee; no such guarantee is currently granted separately.

For businesses, the duty to inspect and give notice of defects pursuant to §§ 377 et seq. of the Austrian Commercial Code (UGB) applies.

§ 10 Right of withdrawal

In distance contracts, consumers generally have a 14-day right of withdrawal under the FAGG — including for carports configured from our standard options (size, ground sockets, side panels). Details, periods, consequences, the estimated return costs for freight goods and the model withdrawal form can be found in the withdrawal policy; you can also declare your withdrawal directly via our online withdrawal form. Pursuant to § 18 para. 1 no. 3 FAGG, there is no right of withdrawal for genuine made-to-measure products manufactured to individual customer specifications (enquiries via Custom carport); in that case we expressly inform you of this before the contract is concluded.

§ 11 Alternative dispute resolution

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board. The arbitration boards competent for consumer transactions in online retail would be:

• Internet Ombudsstelle, www.ombudsstelle.at
• Schlichtung für Verbrauchergeschäfte, www.verbraucherschlichtung.at

Irrespective of this, we endeavour to resolve complaints directly — please contact office@ihrcarport.eu.

§ 12 Applicable law and place of jurisdiction

Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict-of-law rules of private international law. For consumers habitually resident in another EU member state, the mandatory, more favourable provisions of the law of their state of residence remain unaffected (Art. 6 Rome I Regulation).

For actions against consumers domiciled, habitually resident or employed in Austria, the statutory place of jurisdiction pursuant to § 14 KSchG applies. If the customer is a business, the exclusive place of jurisdiction is the court with subject-matter jurisdiction at our registered office (Bezirksgericht Völkermarkt or Landesgericht Klagenfurt).