GENERAL TERMS AND CONDITIONS

Last updated: 19 December 2021

 

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTCs") of

 

 

apply to all contracts for the delivery of goods and services that a consumer or entrepreneur (hereinafter "customer") concludes with the seller with regard to the latter's goods and services. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.

 

A consumer is any natural person who engages in a transaction that is not part of the operation of their business. An entrepreneur within the meaning of these GTCs is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. Public limited companies, limited liability companies, commercial cooperatives, mutual insurance companies, savings banks, European Economic Interest Groupings (EEIGs), European Companies (SEs) and European Cooperatives (SCEs) are entrepreneurs by virtue of their legal form.

 

2) Conclusion of a contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller. They are for the submission of a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. In doing so, the customer, after configuring the selected goods or services and going through the electronic ordering process, submits a legally binding contractual offer with regard to the goods or services contained in the shopping basket by clicking the button that concludes the ordering process.

 

2.3 The seller may accept the customer's offer within three working days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or email), in which case receipt of the order confirmation by the customer is decisive, or
• by requesting the customer to pay after placing their order

If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry of the third working day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer. As such, the customer is no longer bound by their declaration of intent.

If the customer selects a payment method during the online ordering process by clicking the button that concludes the ordering process and, at the same time, issues a payment order to their payment service provider to transfer the money directly to the seller's account, the seller, in deviation from Clause 2.3, shall be deemed to have already declared acceptance of the customer's offer at the time the money arrives in the seller's account.

 

2.4 When submitting an offer via the seller's online order form, the text of the contract shall be stored by the seller after the conclusion of the contract and forwarded to the customer in text form (e.g. email) after the customer's order has been sent.

The seller shall not make the text of the contract accessible beyond this purpose. If the customer has set up a user account in the seller's online shop before submitting their order, the order details will be archived on the seller's website and can be accessed by the customer free of charge via their password-protected user account by providing the relevant login details.

 

2.5 The contract may be concluded in German and English.

2.6 Order processing and contacting usually take place via email and automated order processing. The customer must ensure that the email address they have specified for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

 

3) Right of withdrawal

3.1 Consumers residing in the EU are generally entitled to withdraw from a contract concluded at a distance.

 

A distance contract is a contract between the seller and a consumer concluded without the simultaneous physical presence of the seller and the consumer, using only means of remote communication (fax, internet, telephone) up to and including the conclusion of the contract.

 

4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product and service description, the prices quoted are total prices which include the statutory value added tax.

5) Retention of title/rights

5.1 With respect to their customers, regardless of whether they are consumers or entrepreneurs, the seller retains ownership of the goods provided until the purchase price owed has been paid in full.

 

5.2 All rights, such as copyrights and ancillary copyrights, design rights etc. remain with the rights holder and do not pass to the customer with the sale.

 

6) Delivery and shipping terms

6.1 Our offers are open to all customers with a residence or registered office in Austria, Belgium, Germany, Luxembourg, the Netherlands, Slovakia, Slovenia, Czech Republic, Hungary, Bulgaria, Estonia, Finland, France, Greece, Italy, Croatia, Latvia, Lithuania, Malta, Poland, Portugal, Romania, Sweden, Spain, Cyprus, Denmark, Ireland, Bosnia & Herzegovina, Iceland, Norway, Serbia, Ukraine, Liechtenstein and Switzerland.

 

6.2 The delivery of goods shall be made by delivery to the delivery address specified by the customer, unless otherwise agreed.

 

6.3   If the customer is acting as an entrepreneur, the risk of loss of or damage to the goods sold shall pass to the customer as soon as the seller has delivered the item to the forwarding agent, the carrier or the person or company otherwise designated to carry out the shipment. If the customer is acting as a consumer, the risk shall only pass to the consumer as soon as the goods are delivered to the consumer or to a third party designated by the consumer and different from the carrier. If, however, the consumer has concluded the contract of carriage themselves without making use of an option suggested by the entrepreneur, the risk is transferred as soon as the goods are handed over to the carrier.

 

7) Warranty/liability

7.1 The provisions of the statutory warranty apply.

If the customer is acting as an entrepreneur, the following also applies:

• Generally, an insignificant defect does not justify any warranty claims,
• The seller has the choice of the method of remedying the defect
• The limitation period does not start again if a replacement delivery is made within the scope of liability for defects.
• If the customer is acting as an entrepreneur within the meaning of the Austrian Commercial Code (UGB), they shall be subject to the commercial obligation to inspect the goods and to give notice of defects accordance with the provisions of Art. 377 of the UGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.

 

Liability of the seller is excluded for slight negligence, unless personal injury is involved. These liability regulations also apply with regard to the liability of the seller for their vicarious agents and legal representatives.

 

8) Place of jurisdiction/applicable law

8.1.          Austrian substantive law shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers domiciled/habitually resident in the EU, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is domiciled/habitually resident. In the case of consumers with a place of residence/habitual abode outside the EU, this choice of law shall only apply insofar as the consumers are not granted a right of withdrawal and only insofar as this choice of law does not conflict with mandatory national provisions of the law of the consumer's place of residence/habitual abode.

8.2.          With regard to entrepreneurs, the factually competent court at the registered office of the seller is agreed to be the exclusively competent court. 

8.3.          If the customer is a consumer domiciled/habitually resident in the EU, they may only be sued in the court of their place of residence and can sue the seller either at the seller's place of business or at the customer's place of residence;

 

9) Alternative dispute resolution

9.1 The EU Commission provides a platform for online dispute resolution which can be found at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.