Terms and Conditions

GENERAL TERMS AND CONDITIONS
As of: 10.09.2024
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of

Mag. (FH) Philipp Altenberger
Weyringergasse 13/4
1040 Vienna
office@trikoterie.at

apply to all contracts for the supply of goods concluded by a consumer or entrepreneur (hereinafter "customer") with the seller concerning its goods and services remotely. The inclusion of the customer's own terms and conditions is hereby rejected.

A consumer is any natural person who enters into a transaction that is not part of their business operation. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity 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 Groupings (EEIGs), European Companies (SEs) and European Cooperative Societies (SCEs) are entrepreneurs by virtue of their legal form.

2) Conclusion of Contract
2.1 The product descriptions contained in the seller's webshop do not constitute binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
2.2 The customer can submit the offer via the order form integrated into the seller's webshop. After configuring the selected goods or services and completing the electronic ordering process, the customer submits a legally binding contractual offer for the goods or services contained in the shopping cart by clicking the button that finalizes the ordering process. After receiving an order, the customer will receive a separate, automated confirmation of receipt of their order(s). Such a confirmation does not yet constitute acceptance of the offer.

2.3 The seller can accept the customer's offer within three working days,
· by sending the customer a written order confirmation or an order confirmation in text form (e.g., e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
· by requesting payment from the customer after placing their order.
If both are present, the contract is concluded at the earlier point in time. The period for accepting the offer begins on the day after the customer sends the offer and ends with the expiry of the third working day following the sending of the offer. If the seller does not accept the customer's offer within the above period, this shall be deemed a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.

2.4 When an offer is submitted via the seller's online order form, the contract text is stored by the seller after the contract is concluded and sent to the customer in text form (e.g., e-mail) after the order has been placed.
Beyond that, the text will no longer be made available.

2.5 The German language is available for the conclusion of the contract.

2.6 Order processing and contact usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by them for order processing is correct so that 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 by third parties commissioned by the seller for order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers residing in the EU generally have a right of withdrawal when concluding a distance contract. Please refer to the withdrawal policy for details.

A distance contract is a contract between the seller and a consumer concluded without the simultaneous physical presence of the seller and the consumer, whereby only means of distance communication (email, internet, telephone) are used up to and including the conclusion of the contract.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the seller's product and service description, the prices quoted are total prices that include the statutory sales tax, but not shipping costs. The applicable shipping costs are calculated by entering the recipient address in the order process.

For goods imported into countries outside the European Union (e.g., USA, Switzerland, UK), import duties, customs duties, and processing fees of the respective transport service provider may apply. These costs are not included in the purchase price or shipping costs and must be borne entirely by the buyer (importer).

The payment methods accepted by the seller are PayPal, SOFORT, credit card, Shopify Pay (including Apple/Google Pay), and cash for self-collection.

The transport service provider used by the seller within Austria is Österreichische Post.

5) Retention of Title/Rights

5.1 Towards its customers, whether consumers or entrepreneurs, the seller retains title to the goods provided until full payment of the owed purchase price.

5.2 All copyrights or other industrial property rights remain with the rights holder. No transfer takes place through a sale.


6) Delivery and Shipping Conditions


6.1 We deliver our products worldwide until further notice.

6.2 Goods are delivered by shipping to the delivery address provided by the customer.

6.3 If the customer acts as an entrepreneur, the risk of loss or damage to the sold goods passes to the customer as soon as the seller has delivered the item to the forwarder, the carrier, or the person or company otherwise designated to carry out the shipment. If the customer acts as a consumer, the risk only passes to the consumer once the goods have been delivered to the consumer or to a third party designated by the consumer, who is not the carrier. However, if the consumer has concluded the contract of carriage themselves, without making use of a choice offered by the entrepreneur, the risk already passes upon delivery of the goods to the carrier.

6.4 If the seller incurs additional costs due to the provision of an incorrect delivery address or an incorrect recipient or other circumstances that lead to the impossibility of delivery, these must be reimbursed by the customer, unless the customer is not responsible for the incorrect information or impossibility. The same applies if the customer was temporarily prevented from accepting the service, provided that the seller had reasonably announced the service to them in advance, unless the customer, as a consumer, justifiably declares their withdrawal.

6.5 If there is a delivery delay due to force majeure (e.g., pandemic, strike, bad weather, disasters, war, etc.), the delivery period will be extended by the duration of the resulting delay. Any resulting claims for damages are excluded. For customers who are entrepreneurs, this also applies if the delivery delay occurs for other reasons attributable to suppliers. The customer's statutory right to withdraw after setting a reasonable grace period remains unaffected in any case.


7) Warranty/Liability


7.1 The provisions of the statutory warranty apply.
The seller warrants that, in addition to the contractually agreed properties, the goods have the objectively required properties. This does not apply if, at the time of concluding the contract, the consumer expressly and separately agrees to a deviation of a specific characteristic from the objectively required properties, which they do by placing their order after being specifically informed of this deviation in the product description.

If the customer acts as an entrepreneur,
· an insignificant defect generally does not give rise to warranty claims,
· the seller has the choice of the type of defect rectification,
· the limitation period does not begin anew if a replacement delivery is made within the scope of liability for defects.
If the customer acts as an entrepreneur within the meaning of the Austrian Commercial Code (UGB), they are subject to the commercial inspection and notification obligation pursuant to § 377 UGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

The seller's liability for slight negligence is excluded, unless it involves personal injury. These liability regulations also apply with regard to the seller's liability for its vicarious agents and legal representatives.
8) Redemption of Vouchers
8.1 Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated on the voucher.
8.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year of voucher purchase. Remaining balances will be credited to the customer until the expiration date.
8.3 Gift vouchers can only be redeemed before completing the ordering process. Subsequent crediting is not possible.
8.4 Only one gift voucher can be redeemed per order.
8.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.
8.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
8.7 The credit of a gift voucher will neither be paid out in cash nor accrue interest.
8.8 The gift voucher is transferable. The seller can make payment with discharging effect to the respective holder who redeems the gift voucher in the seller's online shop.
9) Place of Jurisdiction/Applicable Law
9.1. The law of the Republic of Austria applies to all legal relationships between the parties, excluding the UN Convention on Contracts for the International Sale of Goods. In the case of deliveries to consumers residing or habitually resident in the EU, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn. In the case of deliveries to consumers residing or habitually resident outside the EU, this choice of law applies with the exception of the right of withdrawal under the FAGG and only to the extent that mandatory provisions of the law of the state in which the consumer has their habitual residence do not prevent this.
9.2. In relation to entrepreneurs, the factually competent court at the seller's registered office is agreed as the exclusively competent court. In relation to consumers residing or habitually resident outside the EU and EFTA, the factually competent court at the seller's registered office is agreed as the competent court, unless mandatory provisions of the law of the state in which the consumer has their residence or habitual residence prevent this. If the customer is a consumer residing or habitually resident in the EU and EFTA, they can only be sued before their court of residence and can sue the seller either at the seller's registered office or at the customer's residence;
9.3 The place of performance is the seller's registered office.
10) Alternative Dispute Resolution
10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.