General Terms and Conditions of Schalk Mühle GmbH for Consumers
As of: V04/2025 (July 2025)
1. Scope of Application V04/2025 (As of: July 2025)
These General Terms and Conditions apply to all orders placed by consumers via the online shop of Schalk Mühle GmbH, Kalsdorf 18, 8262 Ilz, Austria, FN 493802f (hereinafter referred to as “online shop” or “Schalk Mühle online shop”) and are accepted by the customer with each order.
Consumers/customers within the meaning of these Terms and Conditions are exclusively consumers as defined by the Consumer Protection Act.
Deviations from these Terms and Conditions are only effective if confirmed by us in writing.
In addition to these Terms and Conditions, our Privacy Policy and our Right of Withdrawal Information apply.
Should a consumer’s order not be placed via the online shop, but by phone, email, or fax, these Terms and Conditions shall also apply.
2. Conclusion of Contract
All offers in the online shop are non-binding, unless expressly designated as binding. By clicking the “Order with obligation to pay” button at the end of the ordering process, you submit a binding purchase offer.
We are not obliged to accept the customer’s offer to purchase the selected goods (and thus to conclude a contract).
The order confirmation is purely informative and is to be regarded as a summary of all order details.
A contract between the customer and us is only concluded when we have expressly accepted the customer’s offer by means of a separate confirmation, which will be sent to the customer by email.
Furthermore, Schalk Mühle reserves the right to reject orders or to accept them only in part. If we reject an order, we will contact you immediately.
Any deviations in your order must be reported in writing immediately upon receipt of the goods.
Goods purchased via the Schalk Mühle online shop or otherwise from us may deviate slightly from what was ordered due to production or natural conditions. Minor or other changes to the performance or delivery obligation that are reasonable for the customer are deemed to be approved in advance. This applies in particular to deviations caused by the goods (such as in sizes, colors, texture, etc.).
3. Price
In the Schalk Mühle online shop, the prices stated are in EURO (€). These prices are final prices including 10% VAT and do not include the respective valid shipping costs. Any additional fees (in particular customs duties, taxes, and charges) are to be paid in full by the buyer and are not included in the total price according to the online shop.
4. Shipping Costs
Our products are shipped depending on the destination country with DPD, Hermes, Austrian Post, or a freight forwarder of our choice. Freight costs are calculated by country and/or by size and/or weight of the cartons. The incurred costs will be shown during the ordering process for the respective country.
Our current shipping conditions can be found at www.schalk-muehle.at/versandarten.
5. Payment Terms
Payment can be made either by advance payment, instant transfer (eps), PayPal, or credit card. We reserve the right to change payment methods. For advance payments, our account number (IBAN and BIC) will be displayed during the ordering process. The bank details are also included in the order confirmation, which will be sent to you automatically after your order is completed.
In the event of any payment default by the customer, we are entitled to charge a reminder fee of €10.00 and to withhold our goods and are only obliged to provide further services after full payment of our claim(s).
In the event of any payment default, the customer is obliged to pay default interest of 4% p.a. and to reimburse us for the costs necessary for appropriate debt collection and legal prosecution.
6. Delivery Conditions
Via the online shop, delivery is made to all countries that have been entered in the billing address section or a different delivery address via the delivery address point, or which are listed in the shipping cost table.
Our current shipping conditions can be found at www.schalk-muehle.at/versandarten.
7. Delivery
Our products are handed over to our logistics partners as quickly as possible after receipt of payment. In Austria, you usually receive your package within 1-3 days. In Germany within 3-5 days. Please note that the delivery time also depends on the respective transport company! No delivery times can be given for the remaining countries.
a. Delay in Delivery
Schalk Mühle will adhere to delivery periods and dates as far as possible. Unless expressly agreed as binding, they are non-binding and are always understood as the estimated time of provision and handover to the customer.
Withdrawal from the contract by the customer due to delay in delivery is only possible after setting a reasonable grace period of at least two weeks. The withdrawal must be asserted by registered letter. The right of withdrawal refers only to the part of the delivery or service for which there is a delay.
Schalk Mühle cannot be held liable for delivery delays on the part of the carrier (e.g., delays during peak times such as increased parcel volume at Christmas, strikes, environmental factors such as flooding).
In the event that the delivery of the ordered goods is delayed, hindered, unreasonable, or made impossible by force majeure, we may postpone the delivery date or withdraw from the contract (partially or entirely). In these cases, the customer has no claims for compensation against us.
Force majeure is understood to mean all unforeseeable events or such events which, even if foreseeable, are beyond our control and whose effect on the fulfillment of the contract cannot be prevented by reasonable efforts.
Force majeure also includes, in particular, strikes, lockouts, lack of means of transport, official interventions, embargoes, any kind of sanctions (especially economic and political), energy supply difficulties, epidemics, pandemics, or other circumstances (of whatever kind) that significantly impede or make impossible the delivery of the ordered goods, regardless of whether they occur with us or with one of our sub-suppliers.
The risk of loss or damage to the shipped goods passes to the customer as soon as the goods are delivered to the customer or to a third party designated by him, other than the carrier. Delivery is deemed to have occurred if the customer is in default of acceptance of the ordered goods. If the customer has concluded the transport contract himself, without using a selection option proposed by us, the risk already passes with the handover of the goods to the carrier.
8. Transport Damage
The goods must be inspected immediately upon delivery, and obvious damage must be reported directly to the delivery person. Inform us immediately by phone at 0043/3385/312, but no later than three days after delivery.
Non-obvious defects must be reported to Schalk Mühle immediately after their discovery by phone (0043/3385/312) or email (office@schalk-muehle.at). Photos or a more detailed description of the defect must be provided by the customer to Schalk Mühle to secure evidence.
9. Address Changes
The customer is obliged to inform Schalk Mühle immediately of changes to their address and email address, as long as the respective legal transaction has not been fully fulfilled by both parties. If notification is not made, declarations on our part are deemed to have been properly and effectively received even if they are sent or transmitted to the last known address.
10. Redemption of Promotional Vouchers Online
Vouchers issued free of charge by Schalk Mühle as part of promotional campaigns with a specific validity period and which cannot be purchased (hereinafter “promotional vouchers”) can only be redeemed in the Schalk Mühle online shop and only during the specified period, unless the content of the voucher indicates otherwise.
Individual products may be excluded from the voucher promotion.
Promotional vouchers may otherwise also relate to individual products selected by Schalk Mühle and are only valid for these products during the specified promotional period.
Promotional vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible.
Only one promotional voucher can be redeemed per order, unless otherwise specified.
The value of the goods must at least correspond to the amount of the promotional voucher, unless otherwise stated in the content of the voucher (in particular a minimum order value). Any remaining credit will not be refunded by Schalk Mühle.
The credit of a promotional voucher will neither be paid out in cash nor accrue interest.
The promotional voucher will not be refunded if the goods paid for entirely or partially with the promotional voucher are returned within the scope of the statutory right of withdrawal.
Transfer of the promotional voucher to third parties is excluded. Schalk Mühle is entitled, but not obliged, to check the material entitlement of the respective voucher holder.
11. Redemption of Value Vouchers (Online)
Online Shop: Value vouchers purchased via the Schalk Mühle online shop can only be redeemed in the Schalk Mühle online shop.
Genussladen: Value vouchers purchased at the Schalk Mühle Genussladen can only be redeemed at the Schalk Mühle Genussladen.
24h Farm Shop: Value vouchers cannot be redeemed at the Schalk Mühle 24h farm shop.
Value vouchers and remaining credit from value vouchers are valid indefinitely.
Each value voucher can only be redeemed once, which is ensured by a barcode or voucher number linked to the voucher. Value vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible.
Multiple value vouchers can also be redeemed for one order. If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by Schalk Mühle can be chosen to settle the difference. The credit of a value voucher will neither be paid out in cash nor accrue interest.
Remaining credit remains valid until fully used. The value voucher is transferable.
12. Admissions
Tours at Schalk Mühle can be booked via the Schalk Mühle online shop.
For online ticket purchases, providing your first name, last name, email address, and phone number is mandatory.
Payment for tickets is made on-site – at the place of performance – Schalk Mühle in Kalsdorf 18, 8262 Ilz.
The contract between Schalk Mühle and the customer is only concluded upon payment of the ticket(s).
Force majeure, in particular epidemics, pandemics, official measures such as closures, and other unforeseeable and unavoidable events release Schalk Mühle from its performance obligations.
In the event of (partial or complete) accidental impossibility of performance (due to poor weather conditions), Schalk Mühle is not obliged to refund the (proportionate) payment to the customer.
13. Newsletter
The registration process for the Schalk Mühle newsletter takes place automatically via an order in the online shop. Unless the subscriber gives additional consent for further processing and use of their data provided in connection with the newsletter, including their personal data, these will be stored, processed, and used exclusively for sending the newsletter by Schalk Mühle electronically in machine-readable form.
Schalk Mühle stores data only as long as necessary and permitted by law.
If you unsubscribe from the newsletter, we will delete all data stored with your newsletter registration.
The newsletter can be canceled by the subscriber at any time via the button in the newsletter or by email to office@schalk-muehle.at.
14. Image Rights
All image rights belong to Schalk Mühle or our partners. Even partial use of images is not permitted without our express consent.
15. Withdrawal from Contract and Right of Return
The customer can declare withdrawal from the contract within 14 days of concluding the contract. The declaration of withdrawal is not bound to any specific form and does not require justification, but a clear declaration that the customer wishes to revoke the contract concluded with us. For the declaration of withdrawal, the sample withdrawal form available on our website www.schalk-muehle.at under the link https://www.schalk-muehle.at/widerrufsbelehrung/ can be used.
The withdrawal period begins on the day on which the consumer or a third party designated by the consumer, who is not the carrier, acquires possession of the goods. If the consumer has ordered several goods within a single order that are delivered separately, the withdrawal period begins on the day on which the consumer or a third party designated by him, who is not the carrier, acquires possession of the last delivered goods.
For the timeliness of the withdrawal, it is sufficient if the declaration of withdrawal is sent within the aforementioned period.
The consumer has no right of withdrawal if the goods ordered by him are to be manufactured according to his specific requirements or customer specifications or are clearly tailored to the personal needs of the customer.
If the consumer withdraws from the purchase contract concluded with us, he must return the received goods immediately, but no later than 14 days from the submission of the declaration of withdrawal. The return period is met if the goods are dispatched within the period.
The direct costs of returning the goods are to be borne by the consumer.
The goods to be returned must be packaged for shipping in such a way (well) that they survive transport undamaged.
Schalk Mühle GmbH, Kalsdorf 40, 8262 Ilz
The goods to be returned must be packaged for shipping in such a (good) way that they withstand transport without damage.
The consumer only has to pay us compensation for a reduction in the market value of the goods if this loss of value is due to handling of the goods that was not necessary to examine their nature, characteristics, and functioning.
The same applies if accessories or parts are missing when the goods are returned.
If the consumer withdraws from the purchase contract concluded with us, we must refund all payments made by the consumer, including delivery costs if applicable, immediately, but no later than 14 days from receipt of the declaration of withdrawal. If the consumer has expressly chosen a type of delivery other than the cheapest standard delivery offered by us, he is not entitled to reimbursement of the additional costs incurred thereby.
However, we may refuse to refund payments made by the consumer until we have either received the goods back or the consumer has provided proof of having sent the goods back to us.
16. Warranty
For the goods ordered from us, we provide a warranty to the customer in accordance with the statutory provisions.
The warranty period is 24 months and begins with the handover of the ordered goods to the customer (or a third party authorized by him).
17. Damages
For property damage and financial losses resulting from culpable breach of contract, we are only liable in cases of intent or gross negligence. However, compensation for lost profits, unrealized savings, and consequential damages is excluded in any case.
18. Retention of Title
The goods remain the property of Schalk Mühle until full payment has been made.
Until full payment of the purchase price, the customer is also not entitled to sell, give away, pass on, or take any other actions that impair or endanger our ownership of the goods to third parties.
In the event of the customer’s default in payment, we are entitled to assert our rights arising from the retention of title. It is agreed that the assertion of the retention of title does not constitute a withdrawal from the contract, unless we expressly declare withdrawal from the contract. Written permission from Schalk Mühle must be obtained for any resale of our products.
19. Place of Performance
The place of performance for our service is the registered office of Schalk Mühle in Kalsdorf 18, 8262 Ilz, Austria.
20. Place of Jurisdiction
The place of jurisdiction for all legal disputes arising from or in connection with this contract between the parties, including questions of formation, validity, termination, or invalidity of this contract, is the court with local and subject-matter jurisdiction at the registered office of Schalk Mühle.
21. Choice of Law and Contract Language
The contract is governed by the law of the Republic of Austria, excluding its conflict of law rules. This also applies to the question of the conclusion of the contract.
The applicability of the UN Convention on Contracts for the International Sale of Goods is expressly excluded.
The contract language is German.
22. Alternative Dispute Resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution at https://ec.europa.eu/consumers/odr. We are not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board.
General Terms and Conditions of Schalk Mühle GmbH for Business Customers
As of: V05/2026 (July 2026)
1. Scope of Application
These General Terms and Conditions (hereinafter “Terms and Conditions”) in the version valid at the time of conclusion of the contract apply to all business relationships between the customer and Schalk Mühle GmbH (hereinafter “we” or “us”).
These T apply exclusively to businesses. Businesses within the meaning of these T are natural or legal persons or partnerships with legal capacity who, when concluding the legal transaction, act in the exercise of their commercial or independent professional activity.
All our offers, deliveries, and services are made exclusively on the basis of these T conflicting or deviating terms and conditions of the customer do not apply and are not recognized by us. Even acts of performance on our part do not constitute consent to contractual terms deviating from these T
These T also apply as a framework agreement for all subsequent legal transactions between the customer and us, without this having to be expressly mentioned or agreed upon at their conclusion. In the event of an update of these T expressly reserved by us, the version of these T valid at the time of concluding the contract shall apply to further legal transactions.
In addition to these T, our Privacy Policy applies.
2. Ordering Process, Conclusion of Contract, Price Adjustment Clause, Changes in Services
Orders can be placed either via the B2B online shop after successful registration or outside the B2B online shop, in particular by email or phone.
For orders via the B2B online shop, the provisions according to point 3 “Registration and Access to the B2B Online Shop” apply additionally.
For orders outside the B2B online shop, we will prepare a non-binding and revocable offer proposal based on the customer’s wishes and the availability of the goods. A confirmation from us regarding the receipt of an inquiry does not constitute acceptance of the contractual offer, unless expressly stated.
Only by accepting our non-binding and revocable offer does the customer submit a legally binding offer to conclude a purchase contract for the goods contained therein.
The acceptance of the contractual offer takes place through our written order confirmation or through the dispatch of the ordered goods. Only then is the contract concluded.
The customer is bound by their submitted offer for a period of 20 calendar days from the submission of the order. The contract text will be stored by us and sent to the customer together with the order confirmation by email.
Should there be a significant price increase, for which we are not responsible, for pre-products or raw materials required for the fulfillment of the contract (e.g., due to crop failures or comparable circumstances) after the conclusion of the contract, we are entitled to adjust the agreed price accordingly.
We will inform the customer of this circumstance immediately. If the customer does not agree with the resulting price adjustment, they have the right to withdraw from the contract within 14 days of notification of the price adjustment. Goods already properly delivered must be remunerated appropriately.
The price adjustment will only be made to the extent that the actual production costs have changed between the conclusion of the contract and the provision of the service. A price increase is considered significant if it leads to an increase of more than 5% of the originally agreed offer price.
Verbal agreements as well as changes or additions to orders are only effective if confirmed in writing by Schalk Mühle GmbH.
3. Registration and Access to the B2B Online Shop
Orders via the B2B online shop of Schalk Mühle GmbH are only possible for registered business customers.
Registration takes place via the contact form provided on the website. The customer must provide complete and truthful company data, in particular a valid VAT ID number and – if available – the company registration number. Schalk Mühle GmbH is entitled to verify the provided data and to request suitable proof of business status.
There is no right to registration or activation of a B2B customer account. Schalk Mühle GmbH reserves the right to reject registration applications without stating reasons.
The customer account will only be activated after successful verification of the registration data by Schalk Mühle GmbH. Only after activation is it possible to place an order via the B2B online shop.
The customer is obliged to keep all company data provided during registration up to date and to notify us of any changes immediately or to update them in the customer account.
The access data for the B2B customer account must be treated confidentially by the customer and protected from unauthorized third-party access. Passing on access data to third parties is not permitted.
The customer is liable for all orders and other activities carried out via their customer account, provided these are based on a culpable breach of their duty of care regarding the safekeeping or use of the access data.
Schalk Mühle GmbH is entitled to temporarily or permanently block access to the B2B online shop or to delete the customer account if there is an important reason. An important reason exists in particular in the event of misuse of the customer account, incorrect or incomplete company information, disclosure of access data to unauthorized third parties, payment default, or termination of the business relationship.
Orders can still be placed by email or phone.
4. Ordering Process and Conclusion of Contract in the B2B Online Shop
The products, prices, and other information displayed in the B2B online shop do not constitute a legally binding offer, but a non-binding invitation for the customer to submit an offer.
By completing the electronic ordering process, the customer submits a binding offer to conclude a purchase contract for the products contained in the shopping cart.
The receipt of the order will be automatically confirmed to the customer by email. This order confirmation serves exclusively to inform about the receipt of the order and does not yet constitute acceptance of the contractual offer.
The purchase contract is only concluded upon express transmission of an order confirmation by Schalk Mühle GmbH or upon dispatch of the ordered goods.
Schalk Mühle GmbH reserves the right to reject orders without giving reasons.
5. Availability of the B2B Online Shop
Schalk Mühle GmbH endeavors to make the B2B online shop available as uninterruptedly as possible. However, there is no right to continuous and uninterrupted availability of the B2B online shop.
In particular, maintenance work, technical malfunctions, or other circumstances beyond our control may lead to a temporary restriction or interruption of availability. No claims of the customer, in particular no claims for damages, can be derived from this.
6. Product Images in the B2B Online Shop
The product images displayed in the B2B online shop are for illustration purposes only. Due to production-related changes, printing differences, or production-related adjustments, packaging, labels, colors, or other presentations may deviate slightly from the actually delivered products. Insofar as the properties and quality of the delivered goods are not significantly affected thereby, such deviations do not constitute a defect.
7. Minimum Order Value in the B2B Online Shop
Orders via the B2B online shop are only possible from a minimum order value of EUR 150.00 net per order, unless expressly agreed otherwise in writing.
8. Prices and Shipping
All prices quoted by us and listed in the price list or offered in writing are, unless expressly stated otherwise, net prices (according to Austrian tax law) excluding statutory VAT, shipping, and other fees or customs duties and are understood to be packed ex our premises in 8262 Kalsdorf bei Ilz. Billing is in Euro.
The shipping method and packaging are at our discretion.
For shipping within Austria, the actual costs incurred for the selected or agreed shipping method, including a reasonable surcharge, will be charged. Shipping costs for deliveries outside Austria must be inquired about in advance. Shipping or transport costs are always to be borne by the customer, unless otherwise agreed.
In the event of unjustified deduction of discounts, shipping costs, or other amounts by the customer, this outstanding amount will be claimed by Schalk Mühle at the customer’s expense.
9. Deliveries and Delivery Periods
We are only obliged to perform services once the customer has fulfilled all their obligations required for this, in particular, has met all contractual requirements, preparatory measures, and preliminary work, and has obtained any necessary approvals.
We are entitled to make partial deliveries.
In principle, the delivery periods announced by us will be adhered to. However, in the event of extraordinary difficulties, we are entitled to exceed the announced dates and delivery periods by up to 2 weeks. Penalty clauses for delay and claims for damages for delayed deliveries are excluded in any case.
We shall be released from our obligations to provide deliveries and services if the provision of the delivery or service is temporarily or permanently – wholly or partially – impossible, significantly more difficult, prohibited, or due to force majeure or other unforeseen obstacles beyond our control, such as droughts, fire, floods, earthquakes, war, embargoes, riots, insurrections, blockades, energy supply difficulties, epidemics, pandemics, official measures, strikes, lockouts, or other labor law or industrial impediments, accidents, machine breakdowns, partial or complete failures or reductions of our supply, regardless of whether such circumstances affect us or our suppliers (hereinafter “Force Majeure”). In this case, compensation for damages is excluded.
10. Transfer of Risk
The risk of accidental loss and accidental deterioration of the goods passes from us to the customer upon their handover (where the start of the loading process is decisive) to the freight forwarder, carrier, or other person designated for carrying out the shipment. This also applies if partial deliveries are made or if we have undertaken other services (e.g., shipping).
If dispatch or handover is delayed due to a circumstance for which the buyer is responsible, the risk passes to the buyer from the day on which the delivery item is ready for dispatch and we have notified the customer of this. Storage costs after the transfer of risk shall be borne by the buyer at the customary local rate. The assertion and proof of further or lower storage costs remain reserved.
11. Acceptance and Default of Acceptance
If the goods are not accepted as agreed (hereinafter “default of acceptance”), we are entitled to either store the goods with us and charge a storage fee of 0.1% of the gross invoice amount per commenced calendar day, or to store the goods at the customer’s expense and risk in a public warehouse or otherwise in a safe manner. Furthermore, we are entitled to either insist on performance of the contract or, after setting a reasonable grace period (of no more than 14 calendar days), to withdraw from the contract and dispose of the goods elsewhere. Any claim for damages due to the customer’s default of acceptance remains expressly unaffected.
12. Returns
Returns will only be accepted if they have been expressly agreed upon with Schalk Mühle beforehand. This agreement must be made by phone at 0043/3385/312 or in writing at office@schalk-muehle.at. Telephone agreements must be confirmed in writing by Schalk Mühle to be considered approved.
Additionally, it is agreed that a deduction of 10% of the goods price will apply for handling and returns processing.
13. Invoicing, Payment, and Payment Default
Invoicing takes place upon delivery or provision of service. Payments are due immediately upon invoicing without any deductions and free of charges. For partial invoices, the corresponding partial payments are due upon receipt of the respective invoice.
Payments are only considered made upon receipt in our business account.
If payment default occurs even for a single invoice, it is agreed that all outstanding invoices of the customer to us become due immediately. In the event of payment default by the customer, we are entitled to charge statutory interest in accordance with § 456 UGB. The customer undertakes to bear all costs and expenses associated with the collection of the claim, such as in particular reminder and collection fees or other costs necessary for appropriate legal prosecution. Furthermore, in the event of fault on the part of the customer, we are entitled to demand compensation for the damages incurred by us.
In the event of payment default by the customer, we are also entitled to
- adhere to the contract, withhold outstanding deliveries or services, invoice them, and demand advance payments or securities, or
- withdraw from the contract after setting a reasonable grace period (of no more than 14 calendar days).
In the event of justified concern about the customer’s insolvency (i.e., already in the event of payment difficulties), we are also entitled to withhold outstanding deliveries and services and to demand advance payments.
14. Withdrawal from Contract
If the contract has not yet been fully fulfilled by both parties, both parties are entitled to withdraw if there is an important reason.
An important reason exists for us, for example, if
- the customer is in default with undisputed payment obligations towards us and these payment obligations are not fulfilled despite a written grace period set by us with reference to the right of withdrawal, or
- the customer ceases payments for any reason whatsoever, or
- an out-of-court settlement to avert insolvency or a voluntary liquidation procedure of the customer is being prepared or initiated, or
- an insolvency proceeding is applied for or such an application is dismissed due to lack of assets, or
- an event of force majeure makes the execution of the delivery and service impossible for at least 30 calendar days, or
- in the event of default of acceptance by the customer after a reasonable grace period has expired, or
- in the event of payment default by the customer after a reasonable grace period has expired.
In the event of withdrawal from the contract for reasons within the customer’s sphere, we are entitled to demand liquidated damages in the amount of 20% of the gross invoice amount or also compensation for the actually incurred damage exceeding this amount.
If the customer – without being entitled to do so – withdraws from the contract or requests its cancellation, we have the choice to insist on the fulfillment of the contract or to agree to the cancellation of the contract; in the event of our consent, the customer is obliged to pay, at our discretion, liquidated damages in the amount of 20% of the gross invoice amount or the actually incurred damage.
15. Warranty
For any defects in the goods delivered or services provided by us, a warranty is provided according to the following provisions:
The warranty period begins with the dispatch or collection of the goods. If the customer is in default of acceptance, the warranty period begins with the notification of readiness for dispatch.
The warranty period ends after 6 months.
The warranty obligation generally only applies to defects that are claimed in writing immediately, but at the latest within a period of 3 working days from the customer’s discovery, with simultaneous indication of the possible causes.
The date of receipt of the written notice of defects by us is decisive for assessing its timeliness. If the notice of defects is not raised in a timely manner or not in accordance with these provisions, the goods shall be deemed approved and all claims of the customer shall be excluded.
If the customer fails to give timely notice of defects, they can no longer assert the claims mentioned in Section 377 (2) of the Austrian Commercial Code (UGB). To be able to claim our warranty obligation, the customer must provide proof that an alleged defect is attributable to us and was already present at the time of delivery. The applicability of the legal presumption of Section 924 of the Austrian Civil Code (ABGB) is expressly excluded. Further limitations of liability in these terms remain unaffected.
Warranty is excluded if the delivered goods are improperly handled or used, and in particular if relevant instructions and regulations provided by us are not observed.
If the quantity and weight of our delivery do not deviate by more than 10% from what was ordered, this does not constitute a defect. Our incoming and outgoing weighing is exclusively decisive for this.
We shall fulfill justified warranty claims, at our discretion, either by repair or replacement. Insofar as repair or replacement is impossible or would involve disproportionately high costs for us, or if we cannot comply with the request for replacement or repair, or cannot do so within a reasonable period, we have the right, at our discretion, either to cancel the contract entirely or to grant the customer a reasonable price reduction.
The warranty obligation expires if the customer makes changes of any kind to the delivered item on their own initiative and without our prior written consent.
The warranty refers exclusively to goods delivered by us. For those goods that we have obtained from sub-suppliers, we are only liable to the extent that we have warranty claims against the sub-suppliers.
The customer bears the costs and risk for the transport of the defective goods to us; we bear them for the return transport. If we travel to the site in connection with the rectification of defects, the customer shall bear all incurred costs and expenses, in particular our travel and any accommodation costs, and is furthermore obliged, at their own risk and expense, to take all necessary organizational measures and precautions to enable us to carry out the defect rectification work without friction.
An extension of the warranty period does not occur after successful defect rectification or replacement.
We are only obliged to cover the costs of defect rectification by the customer themselves or by third parties if we have given our written consent thereto.
In any case, we are released from any warranty obligation as long as the customer has not fully settled our outstanding claims. Warranty claims do not entitle the customer to withhold agreed payments.
16. Specifics of Natural Products
Since our products are natural products, we expressly point out the following: In the case of sample deliveries, natural deviations of the final product from the sample are unavoidable. Likewise, color and size differences, as well as structural fluctuations and the like, are naturally unavoidable. Such changes to the goods do not constitute a defect due to the special properties of the goods or the raw materials processed and are therefore not a reason for complaint. Due to the natural products processed, slight deviations may occur, especially with large orders.
17. Liability
We are liable to the customer for damages, whether arising from breach of contractual or pre-contractual obligations or from tort, only according to the following provisions:
We are liable to the customer – with the exception of personal injury – only in cases of gross negligence or intent, whereby claims for damages are in any case limited to the pure rectification of damage and to the amount of the order sum. We are under no circumstances liable for any other damages of any kind, such as damages to goods that are not the subject of the contract, for loss of profit, for consequential damages, and for damages due to production interruption and operational hindrance. The reversal of the burden of proof according to Section 1298 of the Austrian Civil Code (ABGB) is excluded. The client must prove that we are guilty of gross negligence or intent.
Our liability for vicarious agents and assistants is limited to their careful selection. Should we – for whatever reason – incur further liability in an individual case, the limitations of liability mentioned in the preceding paragraph shall apply to our vicarious agents and assistants to the same extent.
All claims for compensation become time-barred at the latest one year after delivery or performance of the service.
Liability for claims resulting from the Product Liability Act for property damage, as well as product liability claims that can be derived from other provisions, are excluded.
In cases where coverage exists through our business liability insurance, any liability for compensation is limited to the available coverage amount of our business liability insurance. The aforementioned limitations of liability remain unaffected by this.
18. Retention of Title
The delivered goods remain our unrestricted property until full payment of the purchase price, including ancillary costs, taxes, fees, etc.
Until full payment of the purchase price, the customer is also not entitled to sell, give away, pass on, or take any other actions that impair or endanger our ownership of the goods to third parties.
If the customer does not properly fulfill their obligations under the concluded contract or if there is a justified concern about the customer’s solvency (a mere payment delay is sufficient), we are entitled at any time to reclaim goods already delivered while maintaining the purchase contract, to which the customer expressly undertakes to surrender them. Costs (such as for transport, handling, etc.) resulting from the assertion of the retention of title must be reimbursed to us by the customer.
The assertion of the retention of title does not constitute a withdrawal from the contract.
As long as the goods are still our property, their pledging and collateral assignment by the customer are inadmissible. If third parties access or assert claims to goods still in our possession, the customer undertakes to immediately inform these third parties that these goods are our property. Should the goods still in our possession be seized or confiscated, the customer is obliged to notify us immediately and provide us with all information necessary to enforce our right of ownership.
The customer’s authorization to sell reserved goods in the ordinary course of business ends with our revocation due to a sustained deterioration of the customer’s financial situation, but at the latest with the cessation of payments or with the application for insolvency proceedings over their assets.
The buyer is authorized, until revoked in accordance with (iv) below, to resell and/or process the goods subject to retention of title in the ordinary course of business. In this case, the following provisions shall apply additionally:
- The retention of title extends to the products resulting from the processing, mixing, or combining of our goods to their full value, whereby we are considered the manufacturer. If, in the case of processing, mixing, or combining with goods of third parties, their right of ownership remains, we acquire co-ownership in proportion to the invoice values of the processed, mixed, or combined goods. Otherwise, the same applies to the resulting product as to the goods delivered under retention of title.
- Claims against third parties arising from the resale of the goods or the product can be demanded by us from the customer as security.
- In the event of a claim for assignment of receivables in total or in the amount of our possible co-ownership share, in accordance with the preceding paragraph, the customer’s obligations shall remain in force even with regard to the assigned receivables.
- If point (iii) comes into force, the buyer remains authorized to collect the claim alongside us. However, we undertake not to collect the claim as long as the buyer fulfills their payment obligations to us, does not fall into arrears, and in particular no application for the opening of insolvency proceedings has been filed or payments have ceased. If this is the case, however, we may demand that the buyer informs us of the assigned claims and their debtors, provides all information necessary for collection, hands over the associated documents, and notifies the debtors (third parties) of the assignment. Furthermore, in this case, we are entitled to revoke the buyer’s authorization to further sell and process the goods subject to retention of title.
- If the realizable value of the securities exceeds our claims by more than 10%, we will release securities of our choice at the buyer’s request.
19. Resellers
Reseller terms only apply on the condition that all products delivered by Schalk Mühle are resold by the reseller to end customers.
For orders placed via the B2B online shop, the minimum order value according to point 7 of these General Terms and Conditions applies.
Delivery can only be made in the sales units applicable to resellers according to the reseller price list.
The reseller prices according to the valid price list are only granted upon presentation of the trade license for food.
The VAT ID number must be provided at the time of order placement.
Schalk Mühle permits its resellers to use the registered trademarks Schalk Mühle and any other trademarks of Schalk Mühle exclusively for the promotion of the ordered original goods. This permission is revocable at any time and in any case ends with the termination of the business relationship. The customer is furthermore not entitled to register or have registered the Schalk Mühle trademark or any other trademarks of Schalk Mühle, or to modify them in any way, for example by using them with additions.
By placing an order, the reseller acknowledges that all rights remain entirely with Schalk Mühle and that any use beyond the scope specified above requires the express written consent of Schalk Mühle. All image data, texts, and graphics provided to the customer by Schalk Mühle are subject to the copyright and usage rights of Schalk Mühle. Any alteration of the provided documents, sale, or transfer of use to third parties is not permitted and gives rise to claims for damages by Schalk Mühle.
In particular, the delivery of the ordered goods does not in any way grant the reseller the right to create the impression, in any form whatsoever, that there is a special business relationship with Schalk Mühle beyond the delivery or that their business is a sales outlet operated or certified by Schalk Mühle itself.
20. Set-off and Retention
Our customer is only entitled to set off if their counterclaims are legally related to the liability and have been legally established or acknowledged by us. The customer is also not entitled to a right of retention.
21. Change of Address
The customer is obliged to notify us immediately of changes to their address and email address as long as the respective legal transaction has not been fully fulfilled by both parties. If notification is omitted, declarations made by us shall be deemed properly and effectively received even if they are sent or transmitted to the customer’s last known address.
22. Copyright
Plans, sketches, or other documents, as well as samples, catalogs, brochures, illustrations, and the like, always remain our intellectual property; the customer receives a simple right of use for their own contractual use; no further rights of use exist. For customer orders based on third-party documents, we assume that the customer has the necessary rights of use; the customer shall fully indemnify and hold us harmless in this regard.
23. Choice of Law, Contract Language, Place of Jurisdiction, and Place of Performance
Austrian law applies, excluding its conflict of law rules. The applicability of the UN Convention on Contracts for the International Sale of Goods is expressly excluded.
The contract language is German.
The place of jurisdiction for all legal disputes arising from or in connection with this contract between the parties (as well as for all claims arising from bills of exchange or checks), including the question of the conclusion, validity, dissolution, or nullity of this contract, is the court locally and factually competent at our company’s registered office.
The place of performance is 8262 Kalsdorf bei Ilz, Austria.
24. Prohibition of Contest, Requirement of Written Form
The customer expressly waives the right to contest the agreed General Terms and Conditions for any reason whatsoever. Amendments to our General Terms and Conditions can only be made expressly and in writing. This formal requirement can also only be waived in writing. The customer cannot invoke oral agreements that deviate from our General Terms and Conditions; they are ineffective.
25. Miscellaneous
Transfer of rights from the contract concluded with Schalk Mühle to third parties requires written consent from Schalk Mühle.
26. Data Provision for Current Version
The current version of these General Terms and Conditions is available on the Schalk Mühle website at https://schalk-muehle.at/agb/. The entrepreneur is responsible for informing themselves about the current version of the General Terms and Conditions.
27. Final Provisions
The invalidity of individual provisions of these General Terms and Conditions or their components does not affect the validity of the remaining provisions.
