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GENERAL TERMS AND CONDITIONS
TABLE OF CONTENTS
Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Terms
Retention of Title
Warranty
Liability
Governing Law
Alternative Dispute Resolution
1. SCOPE OF APPLICATION
1.1 These General Terms and Conditions (hereinafter “GTC”) of
BS-DesignZ e.U.
Buchengasse 131/1
1100 Vienna, Austria
(hereinafter “Seller”), apply to all contracts for the delivery of goods that a consumer or business (hereinafter “Customer”) enters into with the Seller regarding the goods or services presented by the Seller in its online store. The inclusion of the Customer’s own terms and conditions is hereby excluded, unless otherwise agreed.
A consumer, as defined in these General Terms and Conditions, is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity. An entrepreneur, as defined in these General Terms and Conditions, is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the course of its commercial or independent professional activity.
2. CONCLUSION OF THE CONTRACT
2.1 The product descriptions contained in the Seller’s online store do not constitute binding offers on the part of the Seller, but rather serve as a basis for the Customer to submit a binding offer.
2.2 The customer may submit the offer using the online order form integrated into the Seller’s online store. In doing so, after placing the selected goods or services in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that finalizes the ordering process.
2.3 The Seller may accept the Customer’s offer within five days,
by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), in which case the date the Customer receives the order confirmation is decisive, or
by delivering the ordered goods to the customer, in which case the date the customer receives the goods is decisive, or
by requesting payment from the customer after the customer has placed the order.
If more than one of the aforementioned alternatives applies, the contract is concluded at the time the first of these alternatives occurs. The period for accepting the offer begins on the day after the customer submits the offer and ends at the close of the fifth day following the submission of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent.
If, as part of the online ordering process, the customer selects a payment method by clicking the button that completes the ordering process—thereby simultaneously instructing their payment service provider to transfer the funds directly to the seller’s account, such as with SOFORT Überweisung— notwithstanding Section 2.3, the seller hereby declares in advance that it accepts the customer’s offer at the time the funds are credited to the seller’s account.
2.4 When an offer is submitted via the seller’s online order form, the seller saves the contract text and sends it to the customer in writing (e.g., via email, fax, or letter) along with these Terms and Conditions after the customer submits their order.
2.5 Before submitting a binding order via the Seller’s online order form, the Customer can identify any input errors by carefully reading the information displayed on the screen. During the electronic ordering process, the Customer may correct their entries using standard keyboard and mouse functions until they click the button that finalizes the order process.
2.6 The German language is available for the conclusion of the contract.
2.7 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is accurate so that emails sent by the seller can be received at that address. In particular, if the customer uses spam filters, they 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. For more details, please refer to our withdrawal policy.
4. PRICES AND PAYMENT TERMS
4.1 Unless otherwise stated in the Seller’s product description, the prices listed are total prices. Any additional delivery and shipping costs are listed separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers through financial institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs related to the transfer of funds may also apply even if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3. The available payment method(s) will be communicated to the customer in the seller’s online store.
5. DELIVERY AND SHIPPING TERMS
Unless otherwise agreed, goods are delivered by shipment to the delivery address specified by the customer. The exact delivery time for your order is displayed in the online store next to the respective product.
If the customer is acting as a business, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the goods to the shipping agent, the carrier, or any other person or company designated to carry out the shipment. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally does not pass to the customer until the goods are handed over to the customer or to a person authorized to receive them. However, if the consumer has concluded the contract of carriage themselves without utilizing a selection option proposed by the seller, the risk passes to the consumer as soon as the goods are handed over to the carrier.
6 RETENTION OF TITLE
6.1 With respect to consumers, the Seller retains title to the delivered goods until the purchase price owed has been paid in full.
6.2 With respect to business customers, the Seller retains title to the delivered goods until all claims arising from an ongoing business relationship have been settled in full.
6.3 If the customer is acting as a business, the customer is entitled to resell the goods subject to retention of title in the ordinary course of business. The customer hereby assigns to the seller in advance all claims against third parties arising therefrom in the amount of the respective invoice value (including sales tax). This assignment applies regardless of whether the goods subject to retention of title have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The Seller’s right to collect the claims itself remains unaffected. However, the Seller will not collect the claims as long as the Customer meets its payment obligations to the Seller, is not in default of payment, and no petition for the opening of insolvency proceedings has been filed.
7 WARRANTY
If the goods or services are defective, the provisions of the statutory warranty apply. Notwithstanding the foregoing, the following applies:
7.1 For Business Customers
In the case of minor defects, the seller may choose the method of remedy;
the statute of limitations does not restart if a replacement delivery is made under the warranty.
7.2 The limitations on liability and shortened statutes of limitations set forth above do not apply
to damages resulting from injury to life, limb, or health, or to damages arising from an intentional or negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative or vicarious agent of the seller,
in the event that the seller has fraudulently concealed the defect.
7.3 Furthermore, business customers are subject to the obligation to give notice of defects pursuant to § 377 of the Austrian Commercial Code (UGB); otherwise, they may no longer assert warranty claims, claims for damages arising from the defect itself, or claims arising from a mistake regarding the absence of defects in the item.
8 LIABILITY
The Seller shall be liable to the Customer for all contractual, quasi-contractual, and statutory claims—including tortious claims—for damages and reimbursement of expenses as follows:
8.1 The Seller shall be liable on any legal basis in accordance with and within the scope of statutory provisions, i.e., in cases of fault
in cases of intent or gross negligence,
in cases of injury to life, limb, or health.
8.2 In all other respects, the Seller’s liability is excluded.
8.3 The foregoing liability provisions also apply with respect to the Seller’s liability for its vicarious agents and legal representatives.
9 GOVERNING LAW
9.1 The law of the Republic of Austria shall govern all legal relationships between the parties, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. With respect to consumers, this choice of law shall apply only to the extent that the law of the country in which the consumer has his or her habitual residence does not deprive the consumer of the protection afforded by mandatory provisions of that country’s law.
9.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time the contract is concluded, are not citizens of a Member State of the European Union and whose sole residence and delivery address are located outside the European Union at the time the contract is concluded, unless the law of the country in which the consumer has his or her habitual residence provides for a right of withdrawal.
9.3 If the customer is a business entity as defined in Section 1.2, the exclusive place of jurisdiction shall be the location of the seller’s principal place of business. For customers who are consumers, the following applies: For both claims brought by the business against the consumer and claims brought by the consumer against the business, the place of jurisdiction is the consumer’s place of residence if the consumer is resident in the EU but not in Austria. If the consumer has his or her place of residence or habitual residence in Austria, he or she may be sued only in the court within whose jurisdiction the place of residence or habitual residence is located; In this case, the business may only be sued by the customer at its place of business, unless another place of jurisdiction is specified by law. For customers who are consumers and are domiciled outside the EU, the place of jurisdiction is determined by the statutory provisions.
10 ALTERNATIVE DISPUTE RESOLUTION
10.1 The European Commission provides an online dispute resolution platform 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 sales or service contracts involving a consumer.
TABLE OF CONTENTS
Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Terms
Retention of Title
Warranty
Liability
Governing Law
Alternative Dispute Resolution
1. SCOPE OF APPLICATION
1.1 These General Terms and Conditions (hereinafter “GTC”) of
BS-DesignZ e.U.
Buchengasse 131/1
1100 Vienna, Austria
(hereinafter “Seller”), apply to all contracts for the delivery of goods that a consumer or business (hereinafter “Customer”) enters into with the Seller regarding the goods or services presented by the Seller in its online store. The inclusion of the Customer’s own terms and conditions is hereby excluded, unless otherwise agreed.
A consumer, as defined in these General Terms and Conditions, is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity. An entrepreneur, as defined in these General Terms and Conditions, is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the course of its commercial or independent professional activity.
2. CONCLUSION OF THE CONTRACT
2.1 The product descriptions contained in the Seller’s online store do not constitute binding offers on the part of the Seller, but rather serve as a basis for the Customer to submit a binding offer.
2.2 The customer may submit the offer using the online order form integrated into the Seller’s online store. In doing so, after placing the selected goods or services in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that finalizes the ordering process.
2.3 The Seller may accept the Customer’s offer within five days,
by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), in which case the date the Customer receives the order confirmation is decisive, or
by delivering the ordered goods to the customer, in which case the date the customer receives the goods is decisive, or
by requesting payment from the customer after the customer has placed the order.
If more than one of the aforementioned alternatives applies, the contract is concluded at the time the first of these alternatives occurs. The period for accepting the offer begins on the day after the customer submits the offer and ends at the close of the fifth day following the submission of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent.
If, as part of the online ordering process, the customer selects a payment method by clicking the button that completes the ordering process—thereby simultaneously instructing their payment service provider to transfer the funds directly to the seller’s account, such as with SOFORT Überweisung— notwithstanding Section 2.3, the seller hereby declares in advance that it accepts the customer’s offer at the time the funds are credited to the seller’s account.
2.4 When an offer is submitted via the seller’s online order form, the seller saves the contract text and sends it to the customer in writing (e.g., via email, fax, or letter) along with these Terms and Conditions after the customer submits their order.
2.5 Before submitting a binding order via the Seller’s online order form, the Customer can identify any input errors by carefully reading the information displayed on the screen. During the electronic ordering process, the Customer may correct their entries using standard keyboard and mouse functions until they click the button that finalizes the order process.
2.6 The German language is available for the conclusion of the contract.
2.7 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is accurate so that emails sent by the seller can be received at that address. In particular, if the customer uses spam filters, they 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. For more details, please refer to our withdrawal policy.
4. PRICES AND PAYMENT TERMS
4.1 Unless otherwise stated in the Seller’s product description, the prices listed are total prices. Any additional delivery and shipping costs are listed separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers through financial institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs related to the transfer of funds may also apply even if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3. The available payment method(s) will be communicated to the customer in the seller’s online store.
5. DELIVERY AND SHIPPING TERMS
Unless otherwise agreed, goods are delivered by shipment to the delivery address specified by the customer. The exact delivery time for your order is displayed in the online store next to the respective product.
If the customer is acting as a business, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the goods to the shipping agent, the carrier, or any other person or company designated to carry out the shipment. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally does not pass to the customer until the goods are handed over to the customer or to a person authorized to receive them. However, if the consumer has concluded the contract of carriage themselves without utilizing a selection option proposed by the seller, the risk passes to the consumer as soon as the goods are handed over to the carrier.
6 RETENTION OF TITLE
6.1 With respect to consumers, the Seller retains title to the delivered goods until the purchase price owed has been paid in full.
6.2 With respect to business customers, the Seller retains title to the delivered goods until all claims arising from an ongoing business relationship have been settled in full.
6.3 If the customer is acting as a business, the customer is entitled to resell the goods subject to retention of title in the ordinary course of business. The customer hereby assigns to the seller in advance all claims against third parties arising therefrom in the amount of the respective invoice value (including sales tax). This assignment applies regardless of whether the goods subject to retention of title have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The Seller’s right to collect the claims itself remains unaffected. However, the Seller will not collect the claims as long as the Customer meets its payment obligations to the Seller, is not in default of payment, and no petition for the opening of insolvency proceedings has been filed.
7 WARRANTY
If the goods or services are defective, the provisions of the statutory warranty apply. Notwithstanding the foregoing, the following applies:
7.1 For Business Customers
In the case of minor defects, the seller may choose the method of remedy;
the statute of limitations does not restart if a replacement delivery is made under the warranty.
7.2 The limitations on liability and shortened statutes of limitations set forth above do not apply
to damages resulting from injury to life, limb, or health, or to damages arising from an intentional or negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative or vicarious agent of the seller,
in the event that the seller has fraudulently concealed the defect.
7.3 Furthermore, business customers are subject to the obligation to give notice of defects pursuant to § 377 of the Austrian Commercial Code (UGB); otherwise, they may no longer assert warranty claims, claims for damages arising from the defect itself, or claims arising from a mistake regarding the absence of defects in the item.
8 LIABILITY
The Seller shall be liable to the Customer for all contractual, quasi-contractual, and statutory claims—including tortious claims—for damages and reimbursement of expenses as follows:
8.1 The Seller shall be liable on any legal basis in accordance with and within the scope of statutory provisions, i.e., in cases of fault
in cases of intent or gross negligence,
in cases of injury to life, limb, or health.
8.2 In all other respects, the Seller’s liability is excluded.
8.3 The foregoing liability provisions also apply with respect to the Seller’s liability for its vicarious agents and legal representatives.
9 GOVERNING LAW
9.1 The law of the Republic of Austria shall govern all legal relationships between the parties, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. With respect to consumers, this choice of law shall apply only to the extent that the law of the country in which the consumer has his or her habitual residence does not deprive the consumer of the protection afforded by mandatory provisions of that country’s law.
9.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time the contract is concluded, are not citizens of a Member State of the European Union and whose sole residence and delivery address are located outside the European Union at the time the contract is concluded, unless the law of the country in which the consumer has his or her habitual residence provides for a right of withdrawal.
9.3 If the customer is a business entity as defined in Section 1.2, the exclusive place of jurisdiction shall be the location of the seller’s principal place of business. For customers who are consumers, the following applies: For both claims brought by the business against the consumer and claims brought by the consumer against the business, the place of jurisdiction is the consumer’s place of residence if the consumer is resident in the EU but not in Austria. If the consumer has his or her place of residence or habitual residence in Austria, he or she may be sued only in the court within whose jurisdiction the place of residence or habitual residence is located; In this case, the business may only be sued by the customer at its place of business, unless another place of jurisdiction is specified by law. For customers who are consumers and are domiciled outside the EU, the place of jurisdiction is determined by the statutory provisions.
10 ALTERNATIVE DISPUTE RESOLUTION
10.1 The European Commission provides an online dispute resolution platform 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 sales or service contracts involving a consumer.
