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Terms of service

Table of Contents

  1. Scope
  2. Conclusion of Contract
  3. Right of Withdrawal
  4. Prices and Terms of Payment
  5. Terms of Delivery and Shipping
  6. Retention of Title
  7. Liability for Defects (Warranty)
  8. Redemption of Promotional Vouchers
  9. Redemption of Gift Vouchers
  10. Applicable Law
  11. Place of Jurisdiction
  12. Code of Conduct
  13. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Schwarzenbacher GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated in this respect.

1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.

1.4 An entrepreneur within the meaning 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.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to invite the Customer to submit a binding offer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that completes 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 e-mail), 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 requesting the Customer to pay after the Customer has placed the order.

If several of the aforementioned alternatives apply, the contract is concluded at the point in time at which one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the Customer sends 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 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 If a payment method offered by PayPal is selected, payment is processed 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"), subject to the PayPal User Agreement, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or – if the Customer does not have a PayPal account – subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the Seller hereby declares its acceptance of the Customer's offer at the point in time at which the Customer clicks the button that completes the ordering process.

2.5 When ordering via the Seller's online order form, the text of the contract is stored by the Seller after conclusion of the contract and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has submitted their order. The Seller does not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller's online shop before submitting their order, the order data is archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account by entering the corresponding login details.

2.6 Before bindingly submitting 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 of better identifying input errors can be the browser's zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.7 Various languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8 Order processing generally takes place automatically by e-mail. The Customer must ensure that the e-mail address they provide for order processing is correct, so that the e-mails sent by the Seller can be received at this address.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy.

4) Prices and Terms of Payment

4.1 Unless otherwise stated in the Seller's product description, the prices stated are total prices that include statutory value added tax. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 The payment option(s) will be communicated to the Customer in the Seller's online shop.

4.3 If a payment method offered via the payment service "Shopify Payments" is selected, payment is processed by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify"). The individual payment methods offered via Shopify Payments will be communicated to the Customer in the Seller's online shop. To process payments, Shopify may use other payment services, for which special payment terms may apply, of which the Customer may be informed separately. Further information on "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments/de.

5) Terms of Delivery and Shipping

5.1 If the Seller offers shipping of the goods, delivery takes place within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address stated in the Seller's order processing is decisive for the processing of the transaction. Notwithstanding this, if the PayPal payment method is selected, the delivery address stored by the Customer with PayPal at the time of payment is decisive.

5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs of the outbound shipment if the Customer effectively exercises their right of withdrawal. If the Customer effectively exercises the right of withdrawal, the provision made in the Seller's cancellation policy applies to the return costs.

5.3 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 handed over the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally only passes upon handover of the goods to the Customer or to a person authorised to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold also passes to consumers as soon as the Seller has handed over the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the Customer commissions the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, and the Seller has not previously named this person or institution to the Customer.

5.4 If the Seller offers the goods for collection, the Customer may collect the ordered goods at the address specified by the Seller during the business hours specified by the Seller. In this case, no shipping costs will be charged.

5.5 Vouchers are provided to the Customer as follows:

  • by download
  • by e-mail

6) Retention of Title

If the Seller makes an advance performance, it retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise stipulated in the following provisions, the provisions of statutory liability for defects apply. Notwithstanding this, the following 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 subsequent performance;
  • for new goods, the limitation period for claims for defects is one year from delivery of the goods;
  • for used goods, claims for defects are excluded;
  • the limitation period does not start again if a replacement delivery is made within the scope of liability for defects.

7.2 The limitations of liability and shortened periods set out above do not apply

  • to claims of the Customer for damages and reimbursement of expenses,
  • in the event that the Seller has fraudulently concealed the defect,
  • to goods that have been used for a building in accordance with their customary use and have caused its defectiveness,
  • to any existing obligation of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.3 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 If the Customer acts as a consumer, they are asked to report delivered goods with obvious transport damage to the delivery company and to inform the Seller thereof. If the Customer fails to do so, this has no effect whatsoever on their statutory or contractual claims for defects.

8) Redemption of Promotional Vouchers

8.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific period of validity and which cannot be purchased by the Customer (hereinafter "Promotional Vouchers") can only be redeemed in the Seller's online shop and only within the specified period.

8.2 Promotional Vouchers can only be redeemed by consumers.

8.3 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the Promotional Voucher.

8.4 Promotional Vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.

8.5 Only one Promotional Voucher can be redeemed per order.

8.6 If the Promotional Voucher relates to a specific value and not to a percentage discount, the value of the goods must be at least equal to the amount of the Promotional Voucher. Any remaining credit will not be refunded by the Seller.

8.7 If the value of the Promotional Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.

8.8 The credit of a Promotional Voucher is neither paid out in cash nor does it bear interest.

8.9 The Promotional Voucher will not be refunded if the Customer returns goods paid for in full or in part with the Promotional Voucher within the scope of their statutory right of withdrawal.

8.10 The Promotional Voucher is transferable. The Seller may make payment with discharging effect to the respective holder who redeems the Promotional Voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent lack of knowledge of the respective holder's lack of entitlement, legal incapacity or lack of authority to represent.

9) Redemption of Gift Vouchers

9.1 Gift vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.

9.2 Gift vouchers can only be used to purchase goods and not to purchase further gift vouchers.

9.3 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 chosen to settle the difference.

9.4 The credit of a gift voucher is neither paid out in cash nor does it bear interest.

9.5 The gift voucher is transferable. The Seller may make payment with discharging effect to the respective holder who redeems the gift voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent lack of knowledge of the respective holder's lack of entitlement, legal incapacity or lack of authority to represent.

10) Applicable Law

The law of the Republic of Austria applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence.

11) Place of Jurisdiction

If the Customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Republic of Austria, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's place of business. If the Customer has its registered office outside the territory of the Republic of Austria, the Seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. In the aforementioned cases, however, the Seller is in any event entitled to bring an action before the court at the Customer's registered office.

12) Code of Conduct

- The Seller has submitted to the guidelines for "Google Customer Reviews", which can be viewed online at https://support.google.com/merchants/answer/14629803?hl=en&ref_topic=14629086.

13) Alternative Dispute Resolution

Consumers have the option of contacting the following consumer arbitration body/bodies to resolve disputes with the Seller:

Internet Ombudsstelle
c/o Österreichisches Institut für angewandte Telekommunikation (ÖIAT)
Ungargasse 64-66/3/404
1030 Vienna
Austria

Phone: +43 1 595 21 12
E-mail: kontakt@ombudsstelle.at
www.ombudsstelle.at

Österreichisches E-Commerce-Gütezeichen (Austrian E-Commerce Trust Mark)
Verein zur Förderung der kundenfreundlichen Nutzung des Internet
c/o ÖIAT
Ungargasse 64-66/3/404
1030 Vienna
Austria

Phone: +43 1 595 21 12
E-mail: office@guetezeichen.at
www.guetezeichen.at

The Seller is obliged and declares its willingness to participate in dispute resolution proceedings before this consumer arbitration body / these consumer arbitration bodies.