General Terms and Conditions and Consumer Information
General terms and conditions and consumer information within the context of
sales contracts concluded
in the online shop between Norbert Girlinger
hereinafter called “vendor” and the purchaser.
- 1 Area of application and general references
- Subject to individual agreements and regulations, which have priority over these terms and conditions, the following terms and conditions apply to any business relationship between vendor and purchaser. In so far as there is no other agreement, any inclusion of conditions by the purchaser shall be expressly excluded.
(2)The purchaser is consumer in so far as he enters the contract for purposes predominantly attributed to neither his industrial nor self-employed occupational activity.
However, any natural or legal person or private company having legal capacity, who is, on conclusion of a contract, acting in industrial or self-employed occupational activity shall be considered business owner.
- 2 Conclusion of contract
- The contract will be concluded with
- The main attributes of the product meet the product description provided by the vendor.
- Any offer provided in the online shop of the vendor solely constitutes a non-binding invitation to the purchaser to submit an offer to purchase. As soon as the vendor has received an order, the purchaser will receive a confirmation of order, normally per e-mail (order confirmation). This order confirmation does not yet constitute the acceptance of the order. Upon receipt of the order, the vendor will examine this at short notice and inform the purchaser within 2 days if he will accept this order (Acceptance of order). The order transaction in the online shop of the vendor works as follows:
- The purchaser can choose products from the range of goods provided and collect these in the shopping cart by clicking the respective button. By clicking the button “Shopping cart” the customer will be able to survey the chosen products. By pressing the button “Buy now” he places a binding request to buy the goods in the shopping cart. Before sending the order off, these data can be surveyed and changed by pressing the cursor keys “Back” and “Forward”. The order can only be places and transmitted after accepting the terms and conditions and including them in his order by pressing the button “Accept terms and conditions”
The vendor will thereafter send the purchaser an automatic acknowledgement of receipt, in which the order is listed again and which the customer can print out. This automatic acknowledgement of receipt only documents that the vendor has received the order and does not yet constitute the acceptance of order. The contract will become valid through the acceptance of order sent in a separate email.
- 3 Subject-matter of the contract, property, delivery, stock availability
- Subject matter are the goods and services specified through order by the customer and referred to in the acknowledgement of receipt/acceptance of order at the prices stated in the online shop, errors excepted particularly concerning availability.
- The characteristics of the ordered goods are to be seen in the description in the online shop. Photos on the internet page might not shoe a detailed picture as particularly colors may vary due to technical reasons. Pictures only serve demonstration purposes and may differ from the product.
- In case the product ordered is not available at the moment, the vendor will inform the purchaser in the acknowledgement of receipt. In case the non-availability is permanent, the vendor will not accept the order and there will be no contract.
- In case the product will be available again after a certain period, the vendor will also inform the customer at once. If the delay in delivery exceeds the period of two weeks, the purchaser has the right to withdraw from the contract. This right will also concern the vendor, who will immediately pay back any payment the purchaser might have made.
- 4 Delivery, prices and delivery costs
- Dispatch to the mail-order company will take place no later than 4 days after receipt of payment. In case of deviating delivery times the vendor will inform the customer on the website.
- The vendor is subject to the small business law as defined in §6 Abs 1 Z 27UStG and therefore Vat is not shown separately. The prices indicated are retail prices including delivery costs.
- 5 Payment
Payment is effected in advance (Paypal, cash remittal)
- 6 Damages in transit
- In case of obvious damages in transit, the purchaser is asked to submit a complaint with the deliverer and to get in contact with the vendor as soon as possible.
- Failure to file a complaint or establishing contact has no consequences on warranty rights, but supports the vendor in claiming from the insurer or the deliverer.
- 7 Liability for defects
- The vendor is liable for defects according to current statutory provisions.
- Warranty for the goods delivered by the vendor only exists when explicitly stated in the acceptance of order.
- Complaints and warranty claims for defects can be made to the address stated in provider identification.
- 8 Reservation of proprietary right
Goods remain property of the vendor until full payment has been effected.
- 9 Liability
Statutory provisions apply.
- 10 Wording of Contract
Wording of contract is saved in the internal systems of the vendor. The customer is provided with order information and terms of contract by email. After completion of the order, the information will not be available on the internet any more for security reasons.
- 11 Final provisions
- Contractual language is German
- Contracts between vendor and purchaser are regulated by the Austrian Law excluding laws on the international purchasing of movable goods. This exclusion can only be applied as long as the protection of the customer legally granted in his country of residency is not affected.
- Insofar as the purchaser is merchant, a legal person of public law or special property under public law is concerned, the place of jurisdiction for any disagreement on contract between the purchaser and the vendor is the country in which the vendor has residency. This also applies if the customer does not have place of jurisdiction in Austria or the European Union, or if his place of residence is unknown at the time the complaint is lodged.
<p>Quelle: <a href=”http://www.rechtsanwalt-metzler.de” title=”Rechtsanwalt für
Wettbewerbsrecht, Markenrecht und Urheberrecht”>Rechtsanwalt Metzler – Rechtsanwalt für
Wettbewerbsrecht, Markenrecht und Urheberrecht</a></p>