TERMS OF SERVICE
(Translated with Google Translate, 20.03.2021)
Contact "email@example.com" if you have any questions.
8405 Winterthur, Switzerland
Apply to all contracts for the delivery of goods and services that a consumer or entrepreneur (hereinafter "customer") concludes with the seller with regard to his goods and services. The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed.
A consumer is any natural person who conducts a business that is not part of the operation of their company. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. Stock corporations, limited liability companies, commercial and economic cooperatives, mutual insurance associations, savings banks, European economic interest groups (EEIG), European companies (SE) and European cooperatives (SCE) are entrepreneurs by virtue of their legal form.
2) Conclusion of the contract
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated in the seller's online shop. After placing the selected goods or services in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer for the goods or services contained in the shopping cart by clicking the button that concludes the ordering process. If the customer is an entrepreneur, he can also submit his legally binding offer by email.
2.3 The seller can accept the customer's offer within 5 days,
by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
by asking the customer to pay after placing his order
If there are several of the aforementioned alternatives, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the 5th day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
If the customer selects a method of payment during the online ordering process by clicking the button that concludes the ordering process at the same time issuing a payment order to his payment service provider to transfer the money directly to the seller's account, the seller already declares, in deviation from section 2.3 now the acceptance of the customer's offer at the time the money arrives in the seller's account.
2.4 When submitting an offer via the seller's online order form, the contract text will be saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. e-mail) after his order has been sent.
If the customer has set up a user account in the seller's online shop before submitting his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.
2.5 Only German and English are available for the conclusion of the contract.
2.6 Order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the e-mail address given by him to process the order is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers residing in the EU have a right of withdrawal when concluding a distance contract.
A distance contract is a contract between the seller and a consumer, without the simultaneous physical presence of the seller and the consumer, whereby only means of distance communication (internet, telephone) are used up to and including the conclusion of the contract.
3.2 More detailed information on the right of withdrawal can be found in the seller's instructions on withdrawal.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product and service description, the prices given are total prices that include statutory sales tax.
5) Retention of title
5.1 The seller retains ownership of the goods made available to his customers, regardless of whether they are consumers or entrepreneurs, until the purchase price owed has been paid in full.
6) Delivery and shipping conditions
6.1 Our offers are open to all customers with a place of residence or headquarters in a member state of the European Union and Switzerland. Delivery takes place within the European Union and Switzerland.
6.2 The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreed.
6.3 If the customer acts as an entrepreneur, the risk of loss or damage to the goods sold is transferred to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier or the person or company otherwise assigned to carry out the shipment. If the customer acts as a consumer, the risk is only transferred to the consumer as soon as the goods are delivered to the consumer or to a third party designated by the consumer other than the carrier. However, if the consumer himself has concluded the transport contract without using a selection option suggested by the entrepreneur, the risk is transferred to the carrier as soon as the goods are handed over.
6.4 For shipments outside of Switzerland, customs costs and other fees may apply.
7) Warranty / liability
The provisions of the statutory warranty apply.
If the customer acts as an entrepreneur, the following also applies:
An insignificant defect does not justify any warranty claims,
The seller has the choice of how to remedy the defect
The statute of limitations does not start again if a replacement delivery is made within the scope of the warranty.
If the customer acts as an entrepreneur within the meaning of the UGB, he is subject to the commercial inspection and notification obligation in accordance with Section 377 of the UGB. If the customer fails to comply with the notification obligations stipulated there, the goods are deemed to have been approved.
Liability on the part of the seller is excluded for slight negligence, unless it concerns m personal injury. These liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
8) Place of jurisdiction / applicable law
8.1 In relation to entrepreneurs, Austrian substantive law applies exclusively to the exclusion of the UN sales law. Insofar as there are no mandatory statutory provisions to the contrary, this also applies to customers who are consumers and who do not have a place of residence or habitual abode in an EU member state at the time the contract is concluded. For consumers who have a place of residence or habitual abode in an EU member state at the time of the conclusion of the contract, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his residence or habitual residence is not withdrawn becomes.
8.2 For consumers with their place of residence or habitual abode from a member state of the EU, the statutory places of jurisdiction apply. In relation to entrepreneurs, the competent court at the seller's company headquarters is agreed as the exclusively competent court. Insofar as there are no mandatory statutory provisions to the contrary, this also applies to customers who are consumers and who at the time of the conclusion of the contract do not have a place of residence or habitual residence in an EU member state.
9) Alternative dispute resolution
9.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.