General terms and conditions

General terms and conditions

Updated: November 2020

 

1) Scope of application

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of the Seller

Kousek Christopher

1220 Vienna, Kaisermühlenstrasse 26/3/3.27

Phone: +43699/12291732

e-mail: office@budskap.at

(hereinafter “Seller”),

shall apply to all contracts for the supply of goods and services which a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Seller with regard to the Seller’s goods and services. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer is any natural person who enters into a transaction that is not part of the operation of their business. An entrepreneur in the sense 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. Public limited companies, limited liability companies, profit and business cooperatives, mutual insurance companies, 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 online store do not represent binding offers on the part of the Seller, but serve to provide a binding offer by the customer.

2.2 The customer can submit the offer using the online order form integrated into the seller’s online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding offer to enter into a contract for the goods in the shopping cart by clicking 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 e-mail), whereby the receipt of the order confirmation by the customer is decisive, or

by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or

by requesting the customer to pay after placing their order.

If there are several of the aforementioned alternatives, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer has sent the offer and ends with the expiry 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 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 submitting an offer via the Seller’s online order form, the text of the contract will be stored by the Seller after the conclusion of the contract and sent to the Customer in text form (by e-mail) after the Customer has sent their order.

If the Customer has set up a user account in the Seller’s online store prior to submitting their order, the order data will be archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account by entering the relevant login data.

2.5 Prior to the binding submission of the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can make their input within the electronic ordering process using the usual keyboard and mouse functions until they click on the button that concludes the ordering process.

2.6 Only the German or English language is available for the conclusion of the contract.

2.7 The order processing and contact are usually carried out by 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 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 third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers residing in the EU have the right to withdraw from the contract in case of a conclusion of a distance selling contract.

A distance contract is a contract between the seller and a consumer, which is concluded without simultaneous physical presence of the seller and the consumer, whereby up to and including the conclusion of the contract exclusively means of distance communication (letters, internet, telephone) are used.

3.2 More detailed information on the right of withdrawal can be found in the seller’s withdrawal instructions.

4) Prices and terms of payment

4.1 Unless otherwise stated in the Seller’s description of the products and services, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs that may be incurred shall be stated separately in the respective product description.

5) Delivery and shipping conditions

5.1 Our offers are open to all customers with a residence or registered office in a member state of the European Union.

5.2 If the transport company returns the dispatched goods to the seller because a delivery to the customer was not possible, the customer bears the costs for the unsuccessful dispatch.  This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if they were temporarily prevented from accepting the service offered, unless the seller had given them a reasonable period of notice of the service. Furthermore, this does not apply with regard to the costs for the return shipment if the customer effectively exercises their right of withdrawal.

5.3 If the customer acts as an entrepreneur, the risk of loss or damage to the sold goods shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or entrepreneur designated to carry out the shipment. If the customer acts as a consumer, the risk of loss of or damage to the goods shall only pass to the consumer as soon as the goods are delivered to the consumer or to a third party designated by the consumer and different from the carrier. If, however, the consumer themselves has concluded the transport contract without making use of a choice proposed by the entrepreneur, the risk shall pass to the consumer as soon as the goods are handed over to the carrier. In the absence of any other agreement, the consumer acquires ownership of the goods at the same time as the risk is transferred.

5.4 The seller reserves the right to withdraw from the contract in case of incorrect or improper delivery to customers who are entrepreneurs.

In the case of self-collection, the supplier shall first inform the customer by e-mail that the goods ordered by the customer are ready for collection. After receipt of this e-mail, the customer can pick up the goods at the supplier’s place of business after consultation with the supplier. In this case no shipping costs will be charged.

6) Retention of title

6.1 In relation to consumers, the seller reserves the right of ownership of the delivered goods until full payment of the purchase price owed.

6.2 In relation to entrepreneurs, the seller reserves the right of ownership of the delivered goods until the complete payment of all claims from a current business relationship.

7) Warranty

The provisions of the statutory warranty apply.

If the customer acts as an entrepreneur, the following also applies:

– An insignificant defect does not justify any warranty claims, – The seller has the choice of the type of defect removal

– The limitation period shall not recommence 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 duty of examination and notification of defects according to § 377 UGB. If the customer omits the duties of notification regulated therein, the goods shall be deemed approved.

8) Liability

8.1 The seller is liable without limitation for any legal reason

in case of intent or gross negligence,

in the event of intentional or negligent injury to life, body or health.

8.2 Any further liability of the seller is excluded.

8.3 The above liability provisions shall also apply with regard to the Seller’s liability for their auxiliary persons and legal representatives.

9) Place of jurisdiction/applicable law

9.1 If the customer is an entrepreneur, the exclusive place of jurisdiction shall be the location of the seller’s registered office. This does not apply to consumers.

The law of the Republic of Austria shall apply to all legal relations between the parties, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law shall only apply to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has their residence.

10) Alternative dispute resolution

10.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

 

 

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