Terms and Conditions


's General Terms and Conditions of White Panther Produktion GmbH

for the Distance Sale of Goods to Consumers
As of November 2020

White Panther Produktion GmbH
Edlach 15, 8786 Rottenmann
Austria
Website: https://whitepanther.com
Email: office@whitepanther.com
Phone number: +43 (0) 3614 20 483

VAT ID: ATU72687835
Commercial Register Number: 479379w
Leoben Regional Court

Scope of Application

  1. The following General Terms and Conditions (hereinafter referred to as “GTC”) apply to all orders placed in the White Panther Produktion GmbH online store (hereinafter also referred to as “White Panther”) as well as for all orders placed directly with White Panther Produktion GmbH via telephone, fax, or email, in the version valid at the time of the order. By placing your order, you accept these General Terms and Conditions.
  2. These General Terms and Conditions apply exclusively, unless they are amended or supplemented by an express written agreement. Any deviating, conflicting, or supplementary general terms and conditions of the customer are excluded—even if known—unless they are expressly acknowledged in writing.
  3. If any provision of these Terms and Conditions conflicts, in whole or in part, with mandatory statutory provisions, the remaining provisions of these Terms and Conditions shall nevertheless remain valid.

Conclusion of the Purchase Agreement

  1. The presentation of products in the White Panther online store does not constitute a legally binding offer, but rather a non-binding online catalog. All offers and product presentations on the website whitepanther.com are therefore subject to change and non-binding.
  2. By ordering goods through the whitepanther.com website, or by placing an order directly with White Panther Produktion GmbH via phone, fax, or email, you are making a binding offer to enter into a contract. If you order an item electronically or in writing, you will then receive a confirmation via email acknowledging receipt of the order and listing its details (order confirmation). This order confirmation does not yet constitute a binding acceptance of the order; rather, it is intended solely to inform customers that the order has been received by White Panther.
  3. The contract with White Panther is concluded when White Panther accepts your offer by sending you an explicit confirmation of acceptance (order confirmation).
  4. White Panther stores the date and time of the order as well as its details.
  5. White Panther reserves the right to decline a customer’s order, particularly if an item is unavailable or if invoices for previous deliveries have not been paid without valid reason. If White Panther does not fulfill an order, the customer will be notified as soon as possible.
  6. If items are only partially available, you will be notified. White Panther is entitled to make partial deliveries and issue partial invoices, provided this is reasonable for the customer.
  7. Any payments already made by the customer for items that are out of stock will be refunded immediately. In the case of partial deliveries, White Panther will cover the additional shipping costs.

Prices and Payment Terms

  1. All prices listed on the whitepanther.com website are gross prices, but do not include packaging and shipping costs or any costs associated with the selected payment method. Packaging and shipping costs, as well as any costs associated with the selected payment method, will be displayed under the “Packaging and Shipping Costs” menu item and, for online orders, within the order form as part of your order.
  2. White Panther is authorized to send invoices electronically.
  3. The customer selects the payment method on the order form. Payment can be made by credit card (VISA, MasterCard, etc.), instant bank transfer, invoice, or PayPal. If the customer picks up the ordered goods in person at White Panther’s headquarters, payment on the spot is also possible.
  4. The amount of any additional costs will be displayed to the customer as part of the order process.
  5. For orders placed by phone, fax, or email, payment is generally made by invoice.
  6. White Panther reserves the right to ship orders to new customers only upon receipt of payment in advance.
  7. In general, when purchasing on account, the customer is obligated to transfer the invoice amount to the bank account specified on the invoice within 14 days of receiving the goods. In the event of late payment, late payment interest at a rate of 4% per annum shall be deemed agreed upon. In addition, in the event of late payment, the customer is obligated to reimburse White Panther for all costs and out-of-pocket expenses associated with pursuing the claim.
  8. If any export or import duties become due during shipping, these shall be borne by the customer. The prices for the items offered, as well as the stated packaging and shipping costs and the costs for the selected payment method, do not include any costs imposed or charged by third parties.

Shipping, Packaging, Delivery

  1. The customer may pick up the ordered goods from White Panther if this option is selected on the order form during the ordering process or if it is specified when placing an order by phone, fax, or email.
  2. Otherwise, White Panther will ship the ordered goods at the customer’s expense. Shipping costs will be billed separately.
  3. White Panther has the right to choose the packaging and shipping method at its sole discretion.
  4. The customer is obligated to reliably accept the delivery at the estimated delivery time specified in the order confirmation. Furthermore, the customer must be reachable via the designated shipping service at the phone number and email address provided by the customer, so that, should the delivery time specified in the order confirmation not be met, a new delivery time can be arranged.
  5. If delivery or compliance with an agreed delivery date becomes impossible due to unforeseeable events beyond White Panther’s control, White Panther will notify the customer of this by phone or email. In such cases, the customer’s claims for damages are excluded. In the event of a delay in delivery, the customer has the right to withdraw from the contract after setting a reasonable grace period.
  6. If the customer is in default of acceptance because they fail to accept the delivery, and if the ordered goods are damaged or spoil as a result, White Panther assumes no warranty or liability for this.

Right of Withdrawal

  1. Since the goods offered in the White Panther online store are perishable, the customer has no right of withdrawal pursuant to § 18 FAGG, notwithstanding the fact that the contract was concluded through distance selling.

Warranty

  1. All products purchased from the White Panther online store are covered by statutory warranty rights.
  2. Please note that in the case of perishable goods, such as those offered through the White Panther online store, it is not presumed that a defect was already present at the time of delivery.
  3. In the event of defective goods, the customer must contact White Panther immediately using the contact information provided at the beginning of this document. White Panther will take all necessary further steps. White Panther primarily resolves defects by replacing the goods.
  4. White Panther’s liability for damages incurred by the customer on any legal basis, including delay, impossibility, breach of contract, non-contractual liability, etc., is excluded—to the extent permitted by law—in cases of slight negligence. This does not apply to personal injury.
  5. White Panther does not provide its customers with any guarantees in the legal sense.

Privacy Policy

  1. Your data will be used exclusively in accordance with the applicable provisions of the Austrian Data Protection Act and the Austrian Telecommunications Act. When you place an order, White Panther will collect, use, and store the personal data you provide for the purpose of and for the duration of the proper fulfillment of the contract (including order processing, payment processing, and shipping).
  2. For more information, please see the Privacy Policy.
  3. This Privacy Policy informs customers, in particular, about the following:
    • The nature, scope, duration, and purpose of the collection, processing, and use of the personal data required for the fulfillment of orders and billing;
    • The transfer of data to companies contracted by White Panther for the purpose of and for the duration of payment processing and the shipment of items
    • The right to receive, free of charge, information about the personal data stored by White Panther;
    • The right to correct, delete, and block personal data stored by White Panther.
  4. Any collection, processing, or use of personal data beyond the scope of Section 1 requires the customer’s express consent. The customer has the right to revoke any consent given at any time, effective for the future.

Setoff

  1. The customer may offset claims against White Panther only if such claims have been judicially determined or acknowledged by White Panther.

Governing Law, Jurisdiction

  1. Unless otherwise required by law, the place of performance is 8786 Rottenmann, Austria.
  2. Unless otherwise required by mandatory law, Austrian law shall apply exclusively, to the exclusion of any conflict-of-laws provisions and the United Nations Convention on Contracts for the International Sale of Goods.
  3. If the customer is a consumer residing in the European Union, he or she may bring legal action against White Panther either in Austria or before the courts of the contracting state in whose territory he or she resides.

Final Provisions

  1. If any provision of this contract, including the General Terms and Conditions, is or becomes invalid or unenforceable in whole or in part, this shall not affect the legal validity and enforceability of the remaining provisions. The invalid or unenforceable provision shall be replaced by a valid or enforceable provision whose economic purpose or economic result comes as close as possible to that of the provision to be replaced and which does justice to the original intent of the contracting parties. In the event of any gaps, a provision shall be deemed agreed upon that corresponds to what would have been agreed upon in accordance with the meaning and purpose of this contract, including these General Terms and Conditions, had the matter been considered from the outset.