TERMS OF SERVICE
Status: March 8th, 2021
1.1 These general terms and conditions (hereinafter "GTC") of Mr.
Mag. Wolfgang Hold
Address: Esslinger Hauptstraße 76/10/2, A-1220 Vienna
Phone: +43 680 4427128
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 his goods and services. The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed.
A consumer is any natural person who conducts a business that is not part of the operation of their company. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. Stock corporations, limited liability companies, commercial and commercial cooperatives, mutual insurance associations, savings banks, European economic interest groups (EEIG), European companies (SE) and European cooperatives (SCE) are entrepreneurs by virtue of their legal form.
2) Conclusion of the contract
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated in the seller's online shop. After having configured the selected goods or services and gone through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods or services contained in the shopping cart by clicking the button that concludes the ordering process. The customer can also submit his binding order by email or phone.
2.3 The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
- by asking the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
If the customer selects a method of payment during the online ordering process by clicking the button that concludes the ordering process at the same time issuing a payment order to his payment service provider to transfer the money directly to the seller's account, the seller already declares, in deviation from section 2.3 now the 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 contract text will be saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. e-mail) after his order has been sent.
The order data is archived on the seller's website and can be requested by the customer by email for free delivery.
2.5 The German and English languages are available for the conclusion of the contract.
2.6 Order processing and contact are usually carried out 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 e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
2.7 If you wish to collect the goods yourself, you should ask the seller via e-mail whether and in what form this is possible.
3) Right of withdrawal
3.1 Consumers residing in the EU have a right of withdrawal when concluding a distance contract.
A distance contract is a contract between the seller and a consumer, without the simultaneous physical presence of the seller and the consumer, whereby only means of distance communication (fax, internet, telephone) are used up to and including the conclusion of the contract.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product and service description, the prices given are total prices that include statutory sales tax.
5) Retention of title
5.1 In relation to his customers, regardless of whether they are consumers or entrepreneurs, the seller retains ownership of the goods made available until the purchase price owed has been paid in full.
6) Delivery and shipping conditions
6.1 Our offers are open to all customers with a place of residence or headquarters in the EU and Switzerland.
6.2 The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreed.
6.3 If the customer acts as an entrepreneur, the risk of loss or damage to the goods sold is transferred to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier or the person or company otherwise assigned to carry out the shipment. If the customer acts as a consumer, the risk 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 himself has concluded the contract of carriage without using a selection option suggested by the entrepreneur, the risk is transferred to the carrier as soon as the goods are handed over.
6.4 In the case of self-collection, the seller first informs the customer by email that the goods he has ordered are ready for collection. After receiving this e-mail, the customer can collect the goods from the seller's headquarters after consultation with the seller. In this case, no shipping costs will be charged.
7) Warranty / liability
7.1 The provisions of the statutory warranty apply.
If the customer acts as an entrepreneur, the following also applies: An insignificant defect does not justify any warranty claims,
- The seller has the choice of how to remedy the defect
- The statute of limitations does not start again if a replacement delivery is made within the scope of liability for defects.
- If the customer acts as an entrepreneur within the meaning of the UGB, he is subject to the commercial inspection and notification obligation in accordance with Section 377 of the UGB.
- If the customer fails to comply with the notification obligations stipulated there, the goods are deemed to have been approved.
Liability on the part of the seller for slight negligence is excluded, unless personal injury is involved. These liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
8) Place of jurisdiction / applicable law
8.1. In relation to entrepreneurs, Austrian substantive law applies exclusively to the exclusion of the UN sales law. As far as the choice of law also affects consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn. The right of withdrawal according to the FAGG is excluded for Swiss citizens, unless this is contrary to mandatory statutory provisions.
8.2. In relation to entrepreneurs, the competent court at the seller's company headquarters is agreed as the exclusively competent court.
8.3. If the customer is a consumer resident in the EU, he can only be sued at his court of residence and can sue the seller either at the seller's seat or at the customer's place of residence; For consumer customers in Switzerland, the competent court at the seller's company headquarters is agreed as the competent court, unless this is contrary to mandatory statutory provisions.
9) Alternative dispute resolution
9.1 The EU Commission provides a platform for online dispute resolution on the Internet under 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 in which a consumer is involved.