Terms of Service
Table of Contents
- conclusion of contract
- right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- retention of title
- Applicable Law
- Alternative Dispute Resolution
1.1 These General Terms and Conditions (hereinafter "GTC") of
BS - DesignZ e.U.
Rudolf Zellergasse 58-60/12/12
1230 Vienna, Austria
(hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods or services presented by the Seller in his online shop. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.
A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur within the meaning of these terms and conditions 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.
2. conclusion of 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 enable the customer to submit a binding offer.
2.2 The customer can submit the offer via 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 with regard to the goods contained in the shopping cart by clicking on the button that concludes the ordering process.
2.3 The seller can 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), whereby receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or
- by asking the customer to pay after placing his order.
If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth 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 payment method as part of the online ordering process by clicking the button that completes the ordering process, he also issues a payment order to his payment service provider to transfer the money directly to the seller's account, such as SOFORT, the seller declares contrary to Section 2.3, the acceptance of the customer's offer at the point in time at which the money arrives in the seller's account.
2.4 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) together with these General Terms and Conditions after the order has been sent.
2.5 Before submitting the binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.6 To enter the contract you can use German as your prefered language.
2.7 The order processing and contact usually takes place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing 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 by third parties commissioned to process the order can be delivered.
3. right of withdrawal
3.1 Consumers residing in the EU are generally entitled to a right of withdrawal. For more information, please refer to our cancellation policy.
4. Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices. Additional delivery and shipping costs are specified 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 by banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3. The payment option(s) will be communicated to the customer in the seller's online shop.
5. Delivery and shipping conditions
- Goods are delivered to the delivery address specified by the customer, unless otherwise agreed. The exact delivery time for your order is displayed in the online shop for the respective product.
- If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or company otherwise responsible for carrying out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold only passes when the goods are handed over to the customer or a person authorized to receive them. However, if the consumer himself has concluded the contract of carriage without using a choice proposed by the entrepreneur, the risk passes to the carrier as soon as the goods are handed over.
6 retention of title
6.1 In relation to consumers, the seller reserves title to the delivered goods until the purchase price owed has been paid in full.
6.2 In relation to entrepreneurs, the seller reserves title to the delivered goods until all claims from an ongoing business relationship have been settled in full.
6.3 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all resulting claims against third parties to the seller in advance in the amount of the respective invoice value (including sales tax). This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The seller's authority to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the customer meets his payment obligations to the seller, does not default in payment and no application for the opening of insolvency proceedings has been filed.
If the goods or services are defective, the provisions of the statutory warranty apply. Notwithstanding this, the following applies:
7.1 For entrepreneurs
- in the case of insignificant defects, the seller has the choice of the type of defect remedy;
- the statute of limitations does not begin again if a replacement delivery is made as part of the warranty.
7.2 The limitations of liability and shortening of the limitation period set out above do not apply
- for damage resulting from injury to life, limb or health or damage based on 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, the obligation to give notice of defects according to § 377 UGB applies to entrepreneurs, otherwise they can no longer assert claims for warranty, for damages due to the defect itself or from an error about the freedom from defects of the item.
The seller is liable to the customer for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:
8.1 The seller is liable for any legal reason in accordance with and within the framework of the statutory provisions, i.e. in the event of fault
- in the event of intent or gross negligence,
- in the event of injury to life, limb or health.
8.2 Incidentally, a liability of the seller is excluded.
8.3 The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
9 Applicable Law
9.1 The law of the Republic of Austria applies to all legal relationships between the parties, excluding the UN sales law. For consumers, this choice of law only applies to the extent that the law of the state in which the consumer has his habitual residence may not withdraw the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence.
9.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded, unless the law of the state in which the consumer has his habitual residence, provides for a right of withdrawal.
9.3 If the customer is an entrepreneur within the meaning of Section 1.2, the place of business of the seller is agreed as the exclusive place of jurisdiction. The following applies to customers who are consumers: Both for actions by the entrepreneur against the consumer and for actions by the consumer against the entrepreneur, the place of jurisdiction is at the consumer's place of residence if the consumer is resident in the EU but not in Austria. If the consumer has his domicile or habitual abode in Austria, he can only be sued at the court in whose district the domicile or habitual abode is located; In this case, the entrepreneur can only be sued by the customer at his place of business, unless another place of jurisdiction is given by law. For customers who are consumers and have their place of residence outside the EU, the place of jurisdiction is based on the statutory provisions.
10 Alternative Dispute Resolution
10.1 The EU Commission provides a platform for online dispute resolution under the following link: http://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.