Scope & Defence Clause
(2) Deviating general terms and conditions of the customer are rejected.
Conclusion of the contract
(2) By sending the order in the Internet shop, the customer makes a binding offer aimed at concluding a purchase contract for the goods contained in the shopping cart. By sending the order, the customer also acknowledges these terms and conditions as solely decisive for the legal relationship with the provider.
(3) The provider confirms receipt of the customer's order by sending a confirmation e-mail. This order confirmation does not yet represent the acceptance of the contract offer by the provider. It merely serves to inform the customer that the order has been received by the provider. The declaration of acceptance of the contract offer takes place by the delivery of the goods or an express declaration of acceptance.
(2) The limitation period for warranty claims of the customer is 2 years for consumers for newly manufactured items, 1 year for used items. For entrepreneurs, the limitation period for newly manufactured items and used items is 1 year. The above shortening of the limitation periods does not apply to claims for damages of the customer due to injury to life, limb or health as well as to claims for damages due to a breach of essential contractual obligations. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract, e.g. the provider must hand over the item to the customer free of material defects and defects of title and procure ownership of it. The above shortening of the limitation periods also does not apply to claims for damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents. Also excluded from the shortening of the limitation periods vis-à-vis entrepreneurs is the right of recourse according to § 478 BGB.
(3) A guarantee is not declared by the provider.
(2) Excluded from the exclusion of liability specified in Section 1 are claims for damages due to injury to life, limb, health and claims for damages arising from the breach of essential contractual obligations. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract, e.g. the provider must hand over the item to the customer free of material defects and defects of title and procure ownership of it. Also excluded from the exclusion of liability is liability for damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents.
(3) Provisions of the Product Liability Act (ProdHaftG) remain unaffected.
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day on which you or a third party named by you , who is not the carrier, has taken possession of the goods.
To exercise your right of withdrawal, you must inform us
Phone: +43 699 19465709
by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form , but this is not mandatory .
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period .
Consequences of revocation
If you withdraw from this contract, we will have to pay you all payments we have received from you, including delivery costs (except for the additional costs that
result from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the date on which we received the notification of your revocation of this contract . For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest. You have the goods immediately and in any event no later than fourteen days from the date, on which you inform us of the revocation of this contract, return to us or hand over to us . The deadline is met if you send the goods before the expiry of the period of fourteen days.
You bear the direct costs of returning the goods.
For goods that cannot normally be returned by post due to their nature, these amount to 12.90 EUR.
You only have to pay for any diminished value of the goods if this diminished value is due to a handling of the goods that is not necessary for checking the nature, characteristics and functioning of the goods .
Exceptions to the right of withdrawal (no withdrawal):
'The consumer shall have no right of withdrawal in respect of contracts relating to:
- goods the price of whichngt dependent on fluctuations on the financial market, over which the trader has no influence and which may occur within the withdrawal period,
- goods that are manufactured according to customer specifications or clearly tailored to personal needs,
- goods which can spoil quickly or whose expiry date would be quickly exceeded ,
- goods which are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that their seal has been removed after delivery,
- goods which, after delivery, have been inseparably mixed with other goods due to their nature,
- alcoholic beverages, the price of which was agreed at the time of conclusion of the contract, but which cannot be delivered earlier than 30 days after the conclusion of the contract and whose current valuengt dependent on fluctuations in the market over which the trader has no control,
- sound or video recordings or computer software supplied in a sealed package, provided that the seal has been removed after delivery,
- newspapers, periodicals or magazines with the exception of subscription contracts for the delivery of such publications
Prohibition of assignment and pledging
Choice of Law & Place of Jurisdiction
(2) The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the registered office of the provider, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.