Terms of Service
§1 Scope & Defense clause
(1) The following general terms and conditions in the respective version at the time of ordering apply exclusively to the legal relationships between the shop operator (hereinafter referred to as “Provider”) and his customers based on this internet shop.
(2) Deviating general terms and conditions of the customer are rejected.
§2 conclusion of the contract
(1) The presentation of the goods in the Internet shop does not constitute a binding offer by the provider to conclude a purchase contract. The customer is hereby merely requested to submit an offer by placing an order.
(2) By submitting the order in the Internet shop, the customer makes a binding offer directed towards the conclusion of a purchase contract for the goods contained in the shopping cart. By submitting the order, the customer also recognizes these terms and conditions as binding 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 serves merely to inform the customer that the order has been received by the supplier. The declaration of acceptance of the contract offer is made by the delivery of the goods or an express declaration of acceptance.
§3 Retention of title
The delivered goods remain the property of the provider until full payment.
§4 due date
The payment of the purchase price is due upon conclusion of the contract.
(1) The warranty rights of the customer shall be governed by the general statutory provisions, unless otherwise stated below. For damage claims of the customer against the provider, the regulation in § 6 of these terms and conditions applies.
(2) The limitation period for warranty claims of the customer amounts to 2 years for newly manufactured items and 1 year for used items. Compared with 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 a violation of life, body, health as well as for claims for damages due to a breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract, e.g. the provider has to give the customer the thing free of material and legal defects and to procure the property to her. 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, its legal representatives or vicarious agents. With respect to entrepreneurs also excluded from the shortening of the limitation period is the right of recourse under § 478 BGB.
(3) A guarantee is not declared by the provider.
(1) Claims for damages of the customer are excluded, unless otherwise stated below. The above exclusion of liability also applies in favor of the legal representatives and vicarious agents of the provider, if the customer claims against them.
(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 resulting from the violation of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract, e.g. the provider has to give the customer the thing free of material and legal defects and to procure the property to her. Also excluded from the disclaimer is the liability for damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents.
(3) Provisions of the Product Liability Act (ProdHaftG) remain unaffected.
§7 assignment and pledge prohibition
The assignment or pledging of claims or rights of the customer against the provider is excluded without the consent of the provider, unless the customer proves a legitimate interest in the assignment or pledge.
A right of set-off of the customer exists only if his set-off has been legally established or undisputed.
§9 Choice of Law & Jurisdiction
(1) The law of the Federal Republic of Austria applies to the contractual relations between the supplier and the customer. Excluded from this choice of law are the mandatory consumer protection regulations of the country in which the customer has his habitual residence. The application of the UN Sales Convention is excluded.
(2) Jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the domicile of the provider, if the customer is a merchant, a legal entity under public law or a special fund under public law.
§10 Severability clause
Should any provision of these Terms and Conditions be ineffective, this shall not affect the validity of the remaining provisions.