Terms and Conditions Austria

[vc_row][vc_column][vc_empty_space height="20px"][dt_breadcrumbs font_size="11px" alignment="left"][vc_empty_space height="20px"][vc_custom_heading text="AGB Österreich" font_container="tag:h2|font_size:25px|text_align:left" use_theme_fonts="yes"][vc_separator][vc_empty_space height="20px"][/vc_column][/vc_row][vc_row][vc_column][vc_column_text] Disclaimer: The following sample terms and conditions were created by a lawyer ( http://rechtsanwalt-schwenke.de ). They comply with the legal requirements of a typical online shop aimed at consumers. However, you should only use the sample after carefully reviewing it and adapting it to your specific business model. These clauses may be inadmissible in certain circumstances. If in doubt, seek legal advice. Editing instructions: 1. These Terms and Conditions apply only to Austria. For use in Austria, please replace the content of the "Terms and Conditions" page with these Terms and Conditions. 2. Please note the information in square brackets and, if necessary, supplement it with your own information. General terms and conditions with customer information (The following General Terms and Conditions also contain legal information on your rights under the provisions governing distance selling and electronic commerce.) 1. Scope 2. Offers and service descriptions 3. Ordering process and conclusion of contract 4. Prices and shipping costs 5. Delivery, availability of goods 6. Payment terms 7. Retention of title 8. Warranty and guarantee for material defects 9. Liability 10. Right of withdrawal 11. Exclusion of the right of withdrawal 12. Returns 13. Storage of the contract text 14. Data protection 15. Place of jurisdiction, applicable law, contract language 1. Scope 1.1. The following General Terms and Conditions in the version valid at the time of the order shall apply exclusively to the business relationship between [Insert: DemoShop eK, Owner: Max Muster Demostraße 1, 12345 Demostadt] (hereinafter referred to as "Seller") and the customer (hereinafter referred to as "Customer"). 1.2. You can contact our customer service for questions, complaints and objections on working days from [9:00 AM] to [6:00 PM] by telephone at [0221-12345] or by email at [name @ domain.de]. 1.3. A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either his commercial or his independent professional activity (Section 13 of the German Civil Code). 1.4. Deviating terms and conditions of the customer shall not be recognized unless the seller expressly agrees to their validity in writing. 2. Offers and service descriptions 2.1. The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. Descriptions of services in catalogs and on the seller's websites do not constitute a warranty or guarantee. 2.2. All offers are valid "while stocks last," unless otherwise stated for the products. Errors and omissions excepted. 3. Ordering process and conclusion of contract 3.1. The customer can select products from the seller's range without obligation and collect them in a so-called shopping cart by clicking on the [Add to cart] button. 3.2 The customer can then complete the order process by clicking on the [Continue to Checkout] button in the shopping cart. 3.3. By clicking the [Buy] button, the customer submits a binding offer to purchase the goods in the shopping cart. The customer can edit and review the data at any time before submitting the order. Required information is marked with an asterisk (*). 3.4. The seller will then send the customer an automatic confirmation of receipt by email, which lists the customer's order again and which the customer can print using the "Print" function (order confirmation). The automatic confirmation of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the order. The purchase contract is only concluded when the seller ships or hands over the ordered product to the customer within two days, or confirms shipment to the customer within two days with a second email, express order confirmation, or sending the invoice. 3.5. If the seller allows payment in advance, the contract is concluded upon the provision of the bank details and the payment request. If payment is not received by the seller within 10 calendar days of the order confirmation being sent, even after a repeated request, the seller will withdraw from the contract. Consequently, the order is void and the seller is not obligated to deliver. The order is then completed for both buyer and seller without further consequences. Therefore, the item will be reserved for a maximum of 10 calendar days for advance payments. 4. Prices and shipping costs 4.1. All prices stated on the Seller's website include the applicable statutory value-added tax. 4.2. In addition to the stated prices, the Seller shall charge shipping costs for delivery. The shipping costs will be clearly communicated to the Buyer on the shipping costs page and during the ordering process. 5. Delivery, availability of goods 5.1. If no copies of the selected product are available at the time the customer places the order, the seller will inform the customer of this in the order confirmation. If the product is permanently unavailable, the seller will refrain from accepting the order. In this case, no contract will be concluded. 5.2. If the product specified by the customer in the order is only temporarily unavailable, the seller will also notify the customer of this immediately in the order confirmation. If delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. Furthermore, in this case, the seller is also entitled to terminate the contract. In such a case, the seller will promptly refund any payments already made by the customer. If advance payment has been agreed, delivery will take place upon receipt of the invoice amount. 6. Payment terms 6.1. The customer can choose from the available payment methods during and before completing the order process. 6.2. If payment by invoice is possible, payment must be made within [30 days] of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction. 6.3. If third-party providers, such as PayPal, are commissioned to process payments, their general terms and conditions apply. 6.4. If the payment is due according to the calendar date, the customer shall be in default simply by missing the due date. In this case, the customer shall pay default interest at a rate of 5 percentage points above the base interest rate. 6.5. The Customer's obligation to pay default interest does not exclude the Seller's right to claim further damages caused by default. 6.6. The customer is only entitled to a right of set-off if his counterclaims have been legally established or recognized by the seller. The customer may only exercise a right of retention if the claims arise from the same contractual relationship. 7. Retention of title The delivered goods remain the property of the seller until full payment has been made. 8. Warranty and guarantee for material defects 8.1. The warranty is determined in accordance with statutory provisions. 8.2. A guarantee shall only exist for the goods delivered by the Seller if this has been expressly given. 9. Liability 9.1. The following exclusions and limitations of liability shall apply to the Seller's liability for damages, without prejudice to any other statutory requirements for claims. 9.2 The Seller shall be liable without limitation if the cause of the damage is based on intent or gross negligence. 9.3. Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the Customer regularly relies. In this case, however, the Seller shall only be liable for foreseeable, contract-typical damages. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences. 9.4. The above limitations of liability do not apply in cases of injury to life, limb, or health, for defects after a guarantee has been given regarding the quality of the product, or for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected. 9.5 To the extent that the Seller's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents. 10. Right of withdrawal - Start of the cancellation policy for consumers - Withdrawal by express written declaration Any customer may withdraw from the contract within 14 days of receiving the goods by sending a written declaration of withdrawal without stating reasons. Sending the declaration of withdrawal within this period is sufficient (the date of the postal receipt is decisive). In this case, the customer is demonstrably obligated to return the goods immediately. The return shipping costs (postage) are to be borne by the customer. If the goods have been used and/or damaged, the customer must pay the seller a reasonable fee for the use, including reasonable compensation for the damage caused – up to a maximum of the value of the goods. The declaration of withdrawal must be sent to the following address: [Insert: Name/company and address of the recipient of the withdrawal. (Additionally, a fax number, email address, and/or, if the consumer receives confirmation of their withdrawal from the trader, a website address may be provided.) You can also use the shortcode [woocommerce_de_disclaimer_address_data] for this purpose and store the address in Settings DE.] Withdrawal by simply returning the goods The customer may also exercise their right of withdrawal by simply returning the goods to the seller within 14 days of receipt without a written declaration of withdrawal. In this case, the timely dispatch of the goods is sufficient to meet the deadline. The prerequisite for exercising the right of withdrawal by simply returning the goods is that the goods are not damaged or used, and that the return shipment is sufficiently stamped. The seller bears the return shipping costs (postage) only in the case of incorrect or defective delivery. The risk of return shipment and proof of return shipment rest with the customer. In the event of a customer withdrawal (through an explicit declaration or simply returning the goods), the seller will immediately refund the purchase price already paid. Shipping costs are non-refundable. For orders on open account, a credit will be made to the customer's account. - End of withdrawal instructions for consumers - 11. Information on the exclusion of the right of withdrawal The right of withdrawal does not apply to the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs or to the delivery of audio or video recordings or software, provided that the data carriers delivered have been unsealed by you. 12. Returns 12.1. Customers are requested to notify the Seller of the return before returning the goods [Include: telephone number and/or email address and/or contact page] to notify the return. This will enable the Seller to allocate the products as quickly as possible. 12.2. Customers are requested to return the goods to the Seller as a prepaid parcel and retain the delivery receipt. Upon request, the Seller will reimburse the Customer for postage costs in advance, unless the Buyer is responsible for these costs. 12.3. Customers are requested to avoid damage or contamination of the goods. If possible, the goods should be returned to the Seller in their original packaging with all accessories. If the original packaging is no longer in the Seller's possession, other suitable packaging should be used to ensure adequate protection against transport damage and to avoid any claims for damages resulting from inadequate packaging. 12.4. The terms and conditions set out in this section (No. 12) of the General Terms and Conditions are not a prerequisite for the effective exercise of the right of withdrawal pursuant to No. 10 of these General Terms and Conditions. 13. Storage of the contract text 13.1. The Seller saves the contract text of the order. The General Terms and Conditions are available online. The Customer can print the contract text before submitting the order to the Seller by using the print function of their browser in the last step of the order process. 13.2. The Seller will also send the Customer an order confirmation containing all order details to the email address provided by the Customer. Furthermore, the Customer will receive a copy of the General Terms and Conditions with their order. 14. Data protection 14.1. The Seller processes the Customer’s personal data for specific purposes and in accordance with the statutory provisions. 14.2. The personal data provided for the purpose of ordering goods (such as name, email address, address, payment details) will be used by the Seller to fulfill and process the contract. This data will be treated confidentially and will not be shared with third parties not involved in the ordering, delivery, and payment process. 14.3. The customer has the right, upon request, to receive information free of charge about the personal data stored about him or her by the seller. In addition, the customer has the right to correct inaccurate data, block, and delete his or her personal data, provided that no statutory retention period conflicts with this. 14.4. Further information on the nature, scope, location and purpose of the collection, processing and use of the required personal data by the Seller can be found in the Privacy Policy. 15. Place of jurisdiction, applicable law, contract language 15.1. The place of jurisdiction and performance shall be the registered office of the Seller if the Purchaser is a merchant, a legal entity under public law or a special fund under public law. 15.2. The laws of the Republic of Austria shall apply. This shall not apply if mandatory consumer protection provisions conflict with such application. 15.3. The contract language is German. 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