Conditions

Terms and Conditions (GTC)

 

§ 1 Scope & defense clause

(1) The following General Terms and Conditions in the current version at the time of the order apply exclusively to the legal relationships established via this Internet shop between the operator of the shop (hereinafter “Provider”) and its customers.

(2) Any deviating general terms and conditions of the customer will be rejected.

 § 2 Conclusion of the contract

(1) The presentation of the goods in the online shop does not constitute a binding offer from the provider to conclude a purchase contract. The customer is simply asked to submit an offer by placing an order.

(2) By submitting the order in the online shop, the customer makes a binding offer aimed at concluding a purchase contract for the goods contained in the shopping cart. By submitting the order, the customer also recognizes these terms and conditions as solely relevant to the legal relationship with the provider.

(3) The provider confirms receipt of the customer's order by sending a confirmation email. This order confirmation does not yet represent acceptance of the contract offer by the provider. It merely serves to inform the customer that the order has been received by the provider. The declaration of acceptance of the contractual offer occurs through the delivery of the goods or an express declaration of acceptance.

 

(4) The purchase contract only begins to take effect when the customer has paid a deposit of at least 50%.

(5) Cancellation - You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you informed us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired. You bear the costs of returning the goods; unpaid packages will not be accepted.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.

 
§ 3 Retention of title

The delivered goods remain the property of the provider until full payment has been made.

 
§ 4 Due date

The payment of the purchase price is due upon conclusion of the contract.

 

§ 5 Warranty

(1) The customer's warranty rights are based on the general legal regulations, unless otherwise specified below. The provisions in Section 6 of these General Terms and Conditions apply to the customer’s claims for damages against the provider.

(2) The limitation period for customer warranty claims is 2 years for newly manufactured items and 1 year for used items. For 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 the customer's claims for damages due to injury to life, body or health or to claims for damages due to a breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract, e.g. the provider must hand over the item to the customer free of material and legal defects and obtain ownership of it. The above shortening of the limitation periods also does not apply to claims for damages that are based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. The right of recourse in accordance with Section 478 of the German Civil Code (BGB) is also excluded from the shortening of the limitation periods in relation to entrepreneurs.

(3) A guarantee is not declared by the provider.

 
§ 6 Disclaimer of liability

(1) Claims for damages by the customer are excluded unless otherwise specified below. The above exclusion of liability also applies to the benefit of the provider's legal representatives and vicarious agents if the customer asserts claims against them.

(2) Claims for damages due to injury to life, body or health and claims for damages due to the violation of essential contractual obligations are excluded from the exclusion of liability specified in Section 1. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract, e.g. the provider must hand over the item to the customer free of material and legal defects and obtain ownership of it. Also excluded from the exclusion of liability is liability for damages that are 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 Prohibition of assignment and pledging

The assignment or pledging of claims or rights to which the customer is entitled vis-à-vis the provider is excluded without the consent of the provider, unless the customer can prove a legitimate interest in the assignment or pledging.

 

§ 8 Offsetting

The customer only has the right to offset if the claim for offset has been legally established or is undisputed.

 

§ 9 Choice of law and place of jurisdiction

(1) The law of the Republic of Austria applies to the contractual relationships between the provider and the customer. The mandatory consumer protection regulations of the country in which the customer has his habitual residence are excluded from this choice of law. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

(2) The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the registered office 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

If a provision of these General Terms and Conditions is ineffective, the validity of the remaining provisions will not be affected.

 

§ 11 Images

The illustrations may differ from the versions supplied.

 

Sample photos are often included that include accessories and other furniture. These are not included in the respective offer!

The descriptions are crucial.

§ 12 EMAILS

The sending of e-mails can be revoked at any time and whenever the e-mail is received.