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 delivery of goods that a consumer or entrepreneur (hereinafter referred to as "customer") concludes with the seller regarding the latter's goods and services by distance selling. The inclusion of the customer's own terms and conditions is hereby objected to.
A consumer is any natural person who conducts a transaction that is not part of their company's operations. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity. Public limited companies, limited liability companies, commercial and economic cooperatives, mutual insurance associations, savings banks, European Economic Interest Groupings (EEIG), European Companies (SE) and European Cooperatives (SCE) are entrepreneurs by virtue of their legal form.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's web shop do not constitute 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 order form integrated into the seller's web shop. After configuring the selected goods or services and completing the electronic ordering process, the customer submits a legally binding contract offer in relation to the goods or services contained in the shopping cart by clicking the button that completes the ordering process. After receiving his order, the customer receives a separate, automated confirmation of receipt of his order(s). Such a confirmation does not constitute acceptance of the offer.
2.3 The Seller may 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 his order.
If both conditions apply, the contract is concluded at the earlier point in time. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on 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 is deemed to be a rejection of the offer, with the consequence that the customer is no longer bound by his declaration of intent.
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 the order has been sent.
Furthermore, 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 are usually carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order 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 instructions for further details.
A distance contract is a contract between the seller and a consumer which is concluded without the simultaneous physical presence of the seller and the consumer, whereby only distance communication means (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 statutory sales tax but not shipping costs. The shipping costs incurred are calculated by entering the recipient's address in the ordering process.
The payment methods accepted by the seller are PayPal, SOFORT, credit card, Shopify Pay (including Apple/Google Pay), cash for self-collection
.
The transport service provider used by the Seller within Austria is the Austrian Post.
5) Retention of title/rights
5.1 The Seller reserves title to the goods provided to its customers, whether consumers or entrepreneurs, until the purchase price owed has been paid in full.
5.2 All copyrights or other rights arising from 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 will be delivered by post to the delivery address provided by the customer.
6.3 If the customer is acting as an entrepreneur, the risk of loss or damage to the goods sold passes to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or the other person or company designated to carry out the shipment. If the customer is acting as a consumer, the risk only passes to the consumer as soon as the goods are delivered to the consumer or to a third party designated by the consumer who is different from the carrier. However, if the consumer has concluded the transport contract himself without using a selection option suggested by the entrepreneur, the risk passes as soon as the goods are handed over to the carrier.
6.4 If the seller incurs additional costs due to the specification of an incorrect delivery address or an incorrect recipient or other circumstances that make delivery impossible, these must be reimbursed by the customer, unless he 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 given him adequate advance notice of the service, unless the customer, as a consumer, legitimately declares his withdrawal.
6.5 If a delivery delay occurs due to force majeure (e.g. pandemic, strike, storm, disaster, war, etc.), the delivery period shall be extended by the duration of the delay caused by this. 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 the suppliers. The customer's statutory right to withdraw by setting a reasonable grace period remains unaffected in any case.
7) Warranty/Liability
7.1 The statutory warranty provisions apply.
The seller is liable for ensuring that the goods have the objectively required properties in addition to those contractually agreed upon. This does not apply if the consumer expressly and separately agrees to the deviation of a certain characteristic from the objectively required properties when concluding the contract, which he does by placing his order after he has been specifically informed of this deviation in the product description.
If the customer acts as an entrepreneur,
· an insignificant defect does not give rise to any warranty claims,
· the seller has the choice of the method of remedying the defect
· the limitation period does not begin again 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), he is subject to the commercial obligation to inspect and give notice of defects in accordance with Section 377 of the Austrian Commercial Code (UGB). If the customer fails to comply with the notification obligations set out therein, the goods are deemed to have been approved.
The seller's liability is excluded for minor negligence, unless personal injury is involved. These liability regulations also apply with regard to the seller's liability for his 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 in the voucher.
8.2 Gift vouchers and remaining credits on gift vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased. Any remaining credit will be credited to the customer until the expiry date.
8.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
8.4 Only one gift voucher can be redeemed per order.
8.5 Gift vouchers can only be used to purchase goods and not to purchase additional 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 selected to settle the difference.
8.7 The balance of a gift voucher will not be paid out in cash and will not accrue interest.
8.8 The gift voucher is transferable. The seller can make a payment to the respective holder who redeems the gift voucher in the seller's online shop, with discharging effect.
9) Place of jurisdiction/applicable law
9.1. All legal relationships between the parties are subject to the law of the Republic of Austria, excluding the UN Convention on Contracts for the International Sale of Goods. For deliveries to consumers with a residence or habitual abode in the EU, this choice of law only applies 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. For deliveries to consumers with a residence or habitual abode 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 non-mandatory provisions of the law of the state in which the consumer has his habitual abode conflict with it.
9.2. In relation to entrepreneurs, the competent court at the seller's registered office is agreed as the exclusive court of jurisdiction. In relation to consumers with residence or habitual abode outside the EU and EFTA, the competent court at the seller's registered office is agreed as the exclusive court of jurisdiction, unless non-mandatory provisions of the law of the state in which the consumer has his residence or habitual abode conflict with this. If the customer is a consumer with residence or habitual abode in the EU and EFTA, he can only be sued in the court of his place of residence and can sue the seller either at the seller's registered office or at the customer's place of residence;
9.3 The place of performance is the registered office of the Seller.
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 the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.