General Terms and Conditions of ISTAC Promotion GmbH

within the framework of the PÖTTINGER Online Fanshop

1. GENERAL:
ISTAC Promotion GmbH, Titanstraße 3, 4062 Kirchberg-Thening, office@istac.at (hereinafter referred to as ‘e-commerce service provider’) operates a web shop on behalf of PÖTTINGER Landtechnik GmbH (hereinafter referred to as ‘client’) where natural and legal persons (hereinafter referred to as “consumers” or ‘customers’) can view and purchase goods.

Detailed information about the e-commerce service provider can be found in the legal notice.

2. SCOPE OF APPLICATION:
The following terms and conditions apply to all orders placed by consumers and entrepreneurs via the PÖTTINGER Online Fanshop.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

The following applies to businesses: If the business uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.

3. CONCLUSION OF CONTRACT:
The purchase contract is concluded with the e-commerce service provider ISTAC Promotion GmbH.

The contract can be concluded in German or English.

The presentation of the products in the online shop is merely a non-binding online catalogue and therefore does not constitute a legally binding offer. You can initially place the products in your shopping basket without obligation and correct your entries at any time before submitting your binding order.

By clicking on the ‘Pay now’ button in the checkout process, you are submitting a binding purchase offer for the goods contained in your shopping basket. The purchase contract is concluded upon acceptance of the purchase offer. Your purchase offer will be accepted by email immediately after the order has been submitted by sending an ‘order confirmation/invoice’.

As soon as the ordered goods are dispatched, the consumer/business receives an automatically generated confirmation of dispatch of the ordered product from the e-commerce service provider to the email address provided by them (hereinafter referred to as ‘dispatch confirmation’). The e-commerce service provider generates the dispatch confirmation on behalf of and on the instructions of PÖTTINGER Landtechnik GmbH.

4. PRICES:
All prices are quoted in EURO (€) and include the statutory value added tax applicable at the time of order fulfilment. The purchase price does not include shipping costs. Shipping costs are calculated during the checkout process.

No VAT is charged for exports to non-EU countries. Any customs clearance and import costs must be borne by the consumer/business. VAT will not be refunded even upon presentation of an export confirmation.

We also reserve the right to change prices.

5. PAYMENT:
We accept the following payment methods:

• Credit card (VISA / Mastercard)
  When paying by credit card, the charge is made on the same day. When paying by credit card, the customer provides the following information: cardholder, card number, credit card company, expiry date, CVV code. The data is transmitted using SSL encryption with at least a 128-bit key and is therefore not accessible to unauthorised persons. Further information can be found here.

• PayPal
  You can place cashless orders with us using PayPal. If you choose this payment method, you will be redirected to PayPal to complete the payment. If you already have a PayPal account, you can log in with your account details and make the payment. If you are new to PayPal, you can create a user account free of charge by entering your bank or credit card details. You then pay by entering your email address and password and receive a payment confirmation by email. Your order will then be processed immediately.
  When paying with PayPal, both the purchase price and the shipping costs are due for payment immediately. With these payment methods, a valid contract is concluded without an order confirmation being sent. The amount will be debited on the due date.

When paying by credit card, the amount is reserved and will only be debited upon acceptance of the contract.

The payment method ‘on account’ is available for all distribution partners defined in advance by the client.

Invoices are sent electronically by email to the email address provided by the consumer/business owner.

6. DELIVERY TERMS:
Shipping costs may be added to the product prices quoted. The exact shipping costs are calculated in the shopping basket based on the delivery country and the items in the shopping cart.

When the goods are shipped, the risk of loss or damage to the goods is only transferred to the consumer once the goods have been delivered to the consumer or to a third party designated by the consumer, other than the carrier. However, if the consumer has concluded the contract of carriage themselves without using a selection option proposed by us, the risk is transferred to the carrier upon delivery of the goods.

We only deliver by mail. It is not possible to pick up the goods yourself.

Delivery to packing stations is not possible.

Partial deliveries and partial invoices are permissible, whereby partial deliveries are to be paid for by the customer in accordance with the specified terms of payment. Only if an agreed delivery date has been exceeded by more than six weeks may the customer withdraw from the contract, granting a five-week grace period for delivery. If the customer does not accept the goods, we are entitled to withdraw from the contract after setting a two-week deadline and/or to claim damages for non-performance. We are entitled to claim either 30 percent of the agreed order amount without proof of damage or compensation for the actual damage incurred. Insurance and packaging will be charged at cost price.

7. RIGHT OF WITHDRAWAL / RIGHT OF RETURN:
Consumers are entitled to a right of withdrawal as described in the withdrawal policy. Entrepreneurs are not granted a voluntary right of withdrawal.

The following options for written withdrawal are available to consumers/businesses:

• Registered users can use the online return management system via their customer account. Registered users will receive immediate confirmation of receipt of the withdrawal notice/return notification after submitting the withdrawal notice/return notification.
• Use of the withdrawal form provided in the web shop, which must be sent to the email address support@istac-service.at or via the contact form in the web shop.
• Submission of a written declaration of withdrawal, according to which the user withdraws from the concluded purchase contract.

Consequences of the right of withdrawal

If a user exercises their right of withdrawal, the purchase price for the ordered products will be refunded to the consumer. The refund must be made within 14 days of receipt of the notice of withdrawal at the latest, whereby the e-commerce service provider may withhold the refund until the goods have been received or proof of return has been provided by the consumer. In addition, the consumer will be reimbursed for the costs of postal shipping if the consumer withdraws from the entire purchase. If the goods were shipped to the consumer by a shipping company and the consumer paid for the shipping, the consumer will be reimbursed for the costs of shipping, but only to the extent of the costs of the cheapest standard shipping by a shipping company. Here too, the refund may be withheld until the goods have been received or proof of return has been provided by the consumer.

Refunds can only be made using the same payment method that was originally used to pay for the goods.

In the event of a defective product, we will refund the purchase price and cover the return shipping costs.

The return shipping costs are to be borne by the consumer.

We will refund the purchase price for exchanges to a different size. Direct exchanges of goods are not possible.

In the following cases, we will only refund the purchase price excluding shipping and return costs:

• Incorrect address provided when ordering
• Failure to collect the package from the post office/parcel shop within the specified time

These costs must be borne by the consumer, as we cannot accept any liability for third-party negligence.

Please send the goods to our warehouse:

ISTAC Promotion GmbH
Titanstraße 3
4062 Kirchberg-Thening - AUSTRIA

8. RETENTION OF TITLE:
The delivered goods remain the property of ISTAC Promotion GmbH until the purchase price and all ancillary costs have been paid in full. If the customer defaults on payment or violates any of the obligations arising from the retention of title, the entire outstanding claim becomes due immediately. We shall be entitled to demand the return of the goods in our ownership and to collect them, whereby the customer waives the right to assert a right of retention for any reason whatsoever. The costs of the return, which does not constitute a withdrawal from the contract, shall be borne by the customer.

9. WARRANTY / LIABILITY / GUARANTEE:
The warranty is governed by the statutory provisions. It is limited to the statutory period of 24 months from the date of acceptance of the goods by the buyer or, in the case of services, from the date of completion of the service. In the event of justified complaints, either a replacement or repair will be provided free of charge, for which a reasonable period of time must be allowed. If replacement or repair is not possible (impossible, too costly, unreasonable, delay, etc.), the buyer is entitled to a price reduction or, if the defect is not minor, to termination of the contract.

Any defects that occur must be reported as soon as possible upon delivery or after they become apparent, whereby failure to report them upon delivery or after they become apparent by a consumer has no influence on their warranty claims. If the purchase is a commercial transaction (B2B) for the customer, they must inspect the goods within 2 weeks of receipt at the latest and notify us immediately if a defect is found.

Our company is only liable for damages in cases of intent and gross negligence. This does not apply to personal injury or consumer transactions. The existence of slight or gross negligence must be proven by the injured party, unless it is a consumer transaction. Compensation for consequential damages (due to defects), as well as other property damage, financial losses, and damages to third parties against the customer, is excluded, unless it is a consumer transaction.

When shipping goods in consumer transactions, the risk of loss or damage to the goods is only transferred to the consumer as soon as the goods are delivered to the consumer or to a third party designated by the consumer, other than the carrier. However, if the consumer has concluded the contract of carriage themselves without using a selection option proposed by us, the risk is transferred to the carrier upon handover of the goods.

10. DISPUTE RESOLUTION:
We undertake to participate in the arbitration proceedings of the Internet Ombudsman in the event of disputes: www.ombudsstelle.at

Further information on the types of proceedings can be found at www.ombudsstelle.at.

The ODR platform can also be used to settle disputes with our company: https://ec.europa.eu/consumers/odr

Our email address: office@istac.at

11. APPLICABLE LAW, PLACE OF JURISDICTION:
The contracting parties agree that Austrian law shall apply. If the consumer has his domicile or habitual residence in Austria or is employed in Austria, jurisdiction for any legal action against him shall lie solely with the court in whose district his domicile, habitual residence, or place of employment is located; This does not apply to legal disputes that have already arisen. The UN Convention on Contracts for the International Sale of Goods and all provisions relating to the UN Convention on Contracts for the International Sale of Goods are expressly excluded.

12. PLACE OF PERFORMANCE FOR BUSINESS TRANSACTIONS:
The place of performance and exclusive place of jurisdiction for deliveries and payments for both contracting parties is Linz. Austrian law applies exclusively to the contractual relationship (with the exception of the UN Convention on Contracts for the International Sale of Goods).

13. COMPUTER DATA:
The data required for order processing and accounting, such as the name, address, order and booking data of the customer, are stored in our computer system. The stored data will only be used by us within the framework of the statutory provisions and can be viewed by the customer at any time by logging in. The contract data will also be sent by email after conclusion of the contract.

14. FINAL PROVISIONS:
Should one or more provisions of the above terms and conditions be legally invalid, this shall not affect the validity of the other provisions or the contract itself. Any invalid provisions shall be replaced by new provisions that aim to achieve the same economic success.

Last updated on 21/01/2026