Conditions of Use

  

Terms of Service with Customer Information

These Terms of Service were last updated on 25.05.2018

Table of Contents

1.

Scope

2.

Contract Formation

3.

Rights of Withdrawal

4.

Prices and Terms of Payment

5.

Warranty

6.

Applicable Law

7.

Alternative Dispute Resolution

  1. Scope 
    • These terms of Service (hererinafter referred to as "TOS") of
  • apply to all contracts relating to the delivery of Goods and/or Product s that a consumer or entrepreneur (hereinafter referred to as "Customer") to the respective providers in the Online Shop of the Platform Operator represented services or Goods and/or Product  s Hereby the inclusion of own conditions of the Customer is contradicted, unless it is agreed otherwise.
  • Consumer within the meaning of these TOS is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly neither their commercial nor their independent professional activity. Entrepreneur within the meaning of these TOS is a natural or legal person or a legal partnership, which acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.
  • The Goods and Products offered on the side of the Platform Operator are not offered by him but by third parties ("providers") for the submission of a bid by the Customer. The Platform Operator only allows Customers via his Platform to buy the Goods and/or Products offered there by the providers. For the sale, delivery and handover, the terms and conditions of the provider apply. The Product  descriptions contained in the online shop of the Platform Operator do not constitute binding offers on the part of the provider, but serve to make a binding offer by the Customer to the respective provider.

 

  1. Contract Formation 
  • The Goods and/or Products offered by the providers on the website of the Platform Operator do not constitute an offer of the Platform Operator or the provider.
  • The Customer can offer to buy a Product  rather only on the in submit the online shop of the Platform Operator integrated online order form. There gives the Customer after he put the selected Product’s in the virtual shopping cart and has gone through the electronic ordering process by clicking on the ordering concluding buttons a legally binding contract offer in relation on the Product   contained in the basket.
  • The Company can accepted and finalize all Orders within five days, and the Company will provide the Customer with confirmation (via E-Mail or SMS), in which case the receipt of the order confirmation at the Customer is authoritative, or,
  • In that the supplier provides or delivers the Goods and/or Product’s to the Customer, whereby insofar the access of the Goods and/or Product’s to the Customer is decisive, or by the provider for payment to the Customer after submitting his order.
  • If more than one of the Orders is confirmed, the contract comes into effect at the time when one of the aforementioned alternatives occurs first. If the offer of the Customer is not accepted within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
  • When submitting an offer via the online order form, the text of the contract is stored by the Platform Operator and archived on the Platform Operator's website.
  • Before the order is placed via the online order form, the Customer can recognize possible input errors by carefully reading the information displayed on the screen.
  • For the conclusion of the contract, only the English language is available.
  • The order processing and contacting take place usually by e-mail and automated order processing. The Customer must ensure that the e-mail address specified by him for the order processing is correct, so that at this address the e-mails sent by the Platform Operator can be received. In particular, the Customer must ensure that by checking the Spam file that all e-mails sent by the Platform Operator or by third parties commissioned with the order processing can be delivered.

 

  1. Right of Withdrawal 
  • Consumers resident in the EU are in principle entitled to a right of withdrawal from the provider.
  • Further information on the right of withdrawal and the exclusion result from the withdrawal instruction of the provider.
  • The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union at the time of conclusion of the contract, unless the State of the consumer's usual residence provides for a right of withdrawal.

 

  1. Prices and Terms of Payment 
  • Unless otherwise stated in the Product Description of the Platform Operator, the indicated prices are total prices which include the statutory value added tax. If necessary, additionally incurred shipping costs are specified separately in the respective Product description.
  • In the case of deliveries from countries outside the European Union, additional costs may be incurred in individual cases, which the provider is not responsible for and which must be borne by the Customer. These include, for example, costs of transferring money by credit institutions (for example, transfer fees, exchange rate charges) or import duties or taxes (for example, customs duties).
  • The payment option (s) will be communicated to the Customer in the online shop of the Platform Operator.
  • The payment is made to the Platform Operator, as the respective providers have authorized the Platform Operator for collection.

 

  1. Warranty
  • The Platform Operator does not owe delivery of the specified Goods and/or Products, but only that the customer receives the possibility of a contract with the provider and assured, reputable and reliable suppliers.
  • The regulations of the legal warranty apply. All claims arising from non-performance or poor performance after the conclusion of any purchase contract are to be asserted directly against the provider.
  • For the purposes of this document, that the provider and not the Platform Operator is
    • The actual seller or contract partner of the customer and the provider alone is responsible for ensuring that the contract is properly fulfilled.
  • Therefore, neither a warranty claim nor a liability of the Platform Operator for the proper fulfilment of the brokered contract exists.
  • The Platform Operator is liable without limitation, as far as the cause of the damage is based on an intentional or grossly negligent breach of duty or a legal representative or vicarious agent. The contracting party is not a vicarious agent. The Platform Operator is only liable for their bad or non-performance if they knowingly present a dangerous, knowledgeable or grossly negligent, unfit, incompetent or insolvent contractual partner on their side.
  • The above limitations of liability do not apply to injury to life, limb and health

 

  1. Applicable Law
  • All legal relationships of the parties shall be governed by the law of the Republic of Austria to the exclusion of the UN Sales Convention.
  • For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
  • Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time of the conclusion of the contract, do not belong to a Member State of the European Union and whose place of residence and delivery address are outside the European Union at the time of conclusion of the contract, unless the law of the State in which the consumer has his habitual residence, grants such a right of withdrawal.

 

  1. Alternative Dispute Resolution
  • The EU Commission provides a Platform for online dispute resolution for consumers residing in the EU on the Internet at the following link: http://ec.europa.eu/consumers/odr
  • This Platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
  • The Platform Operator is not required to participate in a dispute settlement procedure before a consumer dispute resolution body.

 

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