Terms and Conditions
Table Of Contents
1.1 These General Terms and Conditions (hereinafter "GTC") of
Breitenseer Straße 78/7/12
(hereinafter "Seller"), shall apply to all contracts concerning the delivery of goods concluded by a consumer or an entrepreneur (hereinafter referred to as the "Customer") with the Seller as regards the goods or services presented by the Seller in his online shop. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership, which acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.
2.1 The product descriptions contained in the online shop of the seller do not constitute binding offers by the seller, but serve to make a binding offer by the customer.
2.2 The customer may submit the offer via the online order form integrated in the online shop of the seller. In this case, after the customer has placed the selected goods or services in the virtual shopping cart and has gone through the electronic ordering process, by clicking on the button concluding the ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart.
2.3 The seller can accept the offer of the customer within five days,
by submitting to the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer is decisive, or
by delivering the ordered goods to the customer, in which case the access of the goods to the customer is decisive, or
by asking the customer to pay after submitting his order.
If more than one of the alternatives mentioned above, the contract comes into effect at the time when one of the aforementioned alternatives occurs first. The deadline for the acceptance of the offer begins on the day after the submission of the offer by the customer to run and ends with the expiry of the fifth day, which follows the dispatch of the offer. If the seller does not accept the offer of the customer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4 When submitting an offer via the online order form of the seller, the contract text will be stored by the seller and sent to the customer after sending his order in addition to these terms and conditions in writing (eg e-mail, fax or letter). In addition, the contract text is archived on the seller's website and can be accessed by the customer via his password-protected customer account with the corresponding login data, provided that the customer has created a customer account in the seller's online shop before sending his order.
2.5 Before the order is placed on the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. As part of the electronic ordering process, the customer can correct his input via the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.6 For the conclusion of the contract, only the German language is available.
2.7 The order processing and contacting take place usually by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct, so that the e-mails 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 with the order processing can be delivered.
3.1 Consumers are in principle entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal arises from the resignation of the seller.
3.3 The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any Member State of the European Union and whose place of residence and delivery address are outside the European Union at the time of conclusion of the contract, unless the law of the country in which the consumer is habitually resident, provides for a right of withdrawal.
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices. Pursuant to § 6 UStG, we do not charge sales tax and consequently do not reject it (small business owner status). If necessary, additional delivery and shipping costs are specified separately in the respective product description. The delivery to Germany incurs an amusement tax, which must be borne by the customer.
4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which must be borne by the customer. These include, for example, costs of transferring money by credit institutions (for example, transfer fees, exchange rate charges) or import duties or taxes (for example, customs duties). Such costs may be incurred in relation to the transfer of funds even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the online shop of the seller.
5.1 The delivery of goods is made by mail to the delivery address specified by the customer, unless otherwise agreed.
5.2 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier or the person or company otherwise responsible for carrying out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally only with the transfer of the goods to the customer or a person entitled to receive. By way of derogation, the risk of accidental loss and accidental deterioration of the goods sold to consumers also passes to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier or the person or company otherwise responsible for carrying out the shipment, if the customer has commissioned the shipper, the carrier, or the person or entity otherwise designated to carry out the shipment, and the seller has not previously designated the person or entity to the customer.
6.1 The seller reserves the right of ownership of the delivered goods to consumers until full payment of the purchase price due.
6.2 With respect to entrepreneurs, the seller retains title to the delivered goods until full settlement of all claims arising from an ongoing business relationship.
6.3 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. All resulting claims against third parties, the customer in the amount of the respective invoice value (including sales tax) in advance from the seller. This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The right of the seller to collect the claims himself remains unaffected. However, the seller will not collect the receivables as long as the customer complies with his payment obligations to the seller, does not default on payment and no application for insolvency proceedings has been filed.
If the product or service is defective, the provisions of the statutory warranty apply. Deviating from this:
7.1 For entrepreneurs
if the seller has insignificant defects, the choice of the type of defect correction;
are the purchase of used goods rights and claims for defects excluded in principle;
the statute of limitations does not start again if a replacement delivery is made within the scope of the warranty.
7.2 The above-mentioned limitations of liability and shortening of the limitation period do not apply
for damage resulting from injury to life, limb or health or damage resulting from intentional or negligent breach of duty by the seller or a willful or negligent breach of duty by a legal representative or vicarious agent of the seller,
in the event that the seller has fraudulently concealed the defect.
7.3 Furthermore, entrepreneurs are subject to the duty of reprimand according to § 377 UGB, otherwise he can no longer assert claims for warranty, for damages due to the defect itself as well as for a mistake about the freedom of the goods.
The seller shall be liable to the customer for all contractual, contractual and legal claims, including tortious claims for damages and expenses, as follows:
8.1 The seller is fully liable for any legal reason
in case of intent or gross negligence,
in violation of life, body or health.
8.2 Incidentally, a liability of the seller is excluded.
8.3 The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
9.1 All legal relationships of the parties shall be governed by the law of the Republic of Austria to the exclusion of the UN Sales Convention. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
9.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any Member State of the European Union and whose place of residence and delivery address are outside the European Union at the time of conclusion of the contract, unless the law of the State in which the consumer has his habitual residence, provides for a right of withdrawal.
10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://ec.europa.eu/consumers/odrThis platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.