General terms and conditions with customer information
Table of contents
- Scope
- Conclusion of the contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Applicable law
- Alternative dispute resolution
1) scope
1.1 These general terms and conditions (hereinafter "GTC") of Wolfgang Steiner, acting under "Juwelier Steiner"(hereinafter" seller "), apply to all contracts that a consumer or entrepreneur (hereinafter referred to as" customer ") with the seller with regard to the goods and/or services shown by the seller in his online shop. Contradied the conditions of the customer unless something else has been agreed.
1.2 Consumers within the meaning of this terms and conditions is every natural person who concludes a legal transaction for purposes that can mostly be attributed to their commercial nor their independent professional activity.
1.3 Entrepreneurs within the meaning of these terms and conditions are a natural or legal person or a legal partnership that acts in the exercise of their commercial or independent professional activity when the legal transaction is concluded.
2) Contract conclusion
2.1 The product descriptions contained in the online shop of the seller do not represent a 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 via the online order form integrated in the seller's online shop. After lending the selected goods and/or services in the virtual shopping cart, the customer gives the electronic ordering process through clicking the button that concludes the ordering process, a legally binding contract offer with regard to the goods and/or services contained in the shopping cart by clicking . Furthermore, the customer can also submit the offer to the seller by email or by phone.
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 the receipt of the order confirmation is decisive in the customer, or
- by providing the customer to the customer, with the access of the goods to the customer, or
- by asking the customer to pay after submitting them.
If there are several of the aforementioned alternatives, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The deadline for accepting the offer begins to run on the day after the customer is sent and ends with the end of the fifth day, which follows the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this applies as a rejection of the offer with the result that the customer is no longer tied to his declaration of intent.
2.4 When selecting a payment method offered by PayPal, the payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et cie, s.c.a., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under the validity of the PayPal terms of use https://www.paypal.com
2.5 When submitting an offer via the online order form of the seller, the contract text is saved by the seller and sent to the customer after sending his order along with the available terms and conditions in text form (e.g. email, fax or letter). In addition, the contract text is archived on the seller's website and can be called up free of charge by the customer via his password-protected customer account, stating the corresponding login data, provided that the customer has created a customer account in the seller's online shop before sending its order.
2.6 Before placing the order using the seller's online order form, the customer can recognize possible input errors by carefully reading the information shown on the screen. An effective technical means of better detection of input errors can be the enlargement function of the browser, with the help of which the display is enlarged on the screen. The customer can correct its entries as part of the electronic ordering process via the usual keyboard and mouse functions until he clicks on the button, which completes the ordering process.
2.7 The German language is available for the conclusion of the contract.
2.8 Order processing and contacting usually take place by email and automated order processing. The customer must ensure that the e-mail address provided for order processing is correct so that the emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all third parties sent by the seller or the third party sent with the order processing can be sent.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More information on the right of cancellation arises from the cancellation policy of the seller.
4) Prices and terms of payment
4.1 Unless otherwise arisen from the seller's product description, the prices given are total prices that contain the statutory sales tax. If necessary, additional delivery and shipping costs are specified separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, there may be additional costs that the seller is not responsible and which are to be borne by the customer. This includes, for example, costs for the transmission of money by credit institutions (e.g. transfer fees, exchange rate fees) or import tax taxes or taxes (e.g. tariffs). Such costs can also be incurred in terms of transmission of money if the delivery does not take place to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 Various payment options are available to the customer, which are specified in the seller's online shop right at the beginning of the ordering process.
4.4 If the prepayment is agreed, the payment is due immediately after the contract is concluded.
4.5 When selecting a payment method offered by the "Shopify Payments" payment service, the payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are informed of the customer in the seller's online shop. To handle payments, Stripe can use other payment services, for which special payment terms may apply, which the customer may be referred to separately. Further information on "Shopify Payments" is on the Internet at https://www.shopify.com
5) Delivery and shipping conditions
5.1 The delivery of goods takes place on the shipping route to the delivery address provided by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive.
5.2 If the transport company sends the goods sent back to the seller, since delivery to the customer was not possible, the customer bears the costs for unsuccessful shipping. This does not apply if the customer has not been responsible for the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller announced the service a reasonable time in advance had. Furthermore, this does not apply with regard to the costs for the return if the customer effectively exercises his right of withdrawal. For the return costs, the regulation made in the cancellation policy of the seller applies if the recovery right is effective.
5.3 Pick -up is not possible for logistical reasons.
6) Reference to retention of title
If the seller arrives in advance, he reserves the right to pay the purchase price owed and all associated costs and expenses.
7) Liability for defects (warranty)
Unless otherwise arisen from the following regulations, the provisions of the legal liability for defects apply. Different from this applies to contracts for the delivery of goods:
7.1 If the customer acts as an entrepreneur,
- the seller has the choice of the type of supplementary performance;
- In the event of new goods, the limitation period for defects is one year from delivery of the goods;
- the rights and claims for defects are excluded from used goods;
- the limitation period does not begin again if there is a replacement delivery as part of the liability for defects.
7.2 The liability restrictions and deadline reductions, which are regulated above, do not apply
- For claims for damages and expenses of the customer,
- In the event that the seller has fraudulently concealed the defect,
- For goods that have been used for a building according to their usual uses and whose deficiency have caused,
- for a possibly existing obligation of the seller to provide updates for digital products, for contracts for the delivery of goods with digital elements.
7.3 In addition, it applies to entrepreneurs that the statutory limitation periods remain unaffected for a legal right of recourse that may exist.
7.4 If the contract is a company-related business in the sense of both parts, Section 343 (2) AT-AGB, the customer is responsible for commercial examination and complaint in accordance with Section 377 AT-AGB. If the customer fails to do the notification obligations there, the goods are considered approved.
7.5 If the customer acts as a consumer, he is asked to claim the delivered goods with obvious transport damage to the deliverer and to inform the seller. If the customer does not meet this, this has no effect on his legal or contractual claims for defects.
8) Applicable law
For all legal relationships between the parties, the law of the Republic of Austria applies to the exclusion of the laws on the international purchase of mobile goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has its habitual residence is withdrawn.
9) Alternative dispute resolution
9.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu
This platform serves as a contact point for extrajudicial resolution of disputes from online purchase or service contracts in which a consumer is involved.
9.2 The seller is neither obliged nor ready to participate in a dispute settlement procedure in front of a consumer arbitration board.