Terms and Conditions with customer information
Table of Contents
1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Warranty
8. Liability
9. Applicable law
10. Alternative Dispute Resolution
1. Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of
The Chair, Web: derstuhl.at, Email: office@derstuhl.at
(hereinafter referred to as "Seller"), shall apply to all contracts for the delivery of goods concluded by a consumer or contractor (hereinafter referred to as the "Customer") with the Seller as to the goods or services presented by the Seller in its online store. Hereby the inclusion of the customer’s own conditions is contradicted, unless it is agreed otherwise.
Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity that can be attributed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership which acts in the execution of a legal transaction 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 by the seller, but serve to make a binding offer by the customer. The receipt of your order is confirmed by an online order after the completion of the order process by a confirmation of receipt by email from the seller. This does not represent acceptance of your offer, but merely confirms receipt of your order with us.
2.2 The customer may submit the offer via the online order form integrated into the seller’s online shop. In this case, after the customer has placed the selected goods or services in the virtual shopping cart and has gone through the electronic ordering process, by clicking on the button concluding the ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart.
2.3 The seller may accept the offer of the customer within five days,
• by sending the customer a written order confirmation or an order confirmation in text form (e-mail), in which case the receipt of the order confirmation by the customer is decisive, or
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day following the date on which the offer is sent by the customer and ends on the fifth day following the dispatch of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
If the customer selects a payment method in the course of the online ordering process by simultaneously placing a payment order to his payment service provider by clicking on the button to transfer the money directly to the seller's account, the seller already declares otherwise than clause 2.3 now acceptance of the customer's offer at the time the money arrives at the seller's account.
2.4 When placing an offer via the online order form of the seller, the contract text is stored by the seller and sent to the customer after sending his order in addition to the present terms and conditions in writing (eg e-mail, fax or letter). In addition, the text of the contract will be archived on the seller's website and may be requested by the customer via email free of charge from the seller during the period of storage of this data (see privacy policy).
2.5 Before placing the order on the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. As part of the electronic ordering process, the customer can correct his input via the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.6 For the conclusion of the contract, the German language is available.
2.7 Order processing and contact usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address specified by him for order processing is correct, so that at this address the e-mails sent by the seller can be received. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.
3. Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
For details, please refer to our cancellation policy.
4. Prices and terms of payment
4.1 Unless the seller's product description indicates otherwise, the prices quoted are total prices. Additional delivery and shipping costs are stated separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases, for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (eg transfer fees, exchange rate charges) or import duties or taxes (eg customs duties). Such costs may be incurred in relation to the transfer of funds even 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
5.1 The delivery of goods takes place on the way to the delivery address specified by the customer, unless otherwise agreed. The exact delivery time for your order will be displayed in the online shop for the respective product, as well as under the item delivery times.
5.2 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 goods 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 generally only with the transfer of the goods to the customer or a person entitled to receive. However, if the consumer himself has concluded the carriage contract without using a possibility of choice suggested by the entrepreneur, the risk shall pass to the carrier upon delivery of the goods.
6 Retention of title
6.1 The consumer reserves the right of ownership of the goods delivered to consumers until full payment of the purchase price due.
6.2 With respect to entrepreneurs, the seller retains title to the delivered goods until full settlement of all claims arising from an ongoing business relationship.
6.3 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. All resulting claims against third parties shall be assigned by the customer to the seller in advance in the amount of the respective invoice value (including value added 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 right 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 on payment and no application for insolvency proceedings has been filed.
7 Warranty
If the product or service is defective, the provisions of the statutory warranty apply. Deviating from this:
7.1 For entrepreneurs
• In in the case of insignificant defects, the seller has the choice of the type of defect correction;
• the statute of limitations does not recommend if a replacement is provided under the warranty.
7.2 The above-mentioned limitations of liability and shortening of the limitation period do not apply
• for damage resulting from injury to life, limb or health or damage due to a willful or negligent breach of duty by the seller or a willful 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 entrepreneur is subject to the duty of reprimand according to Section 377 UGB, otherwise he can no longer assert claims for warranty, for damages because of the defect itself as well as for a mistake about the freedom from defects of the goods.
8 Liability
The seller shall be liable to the customer for all contractual, contractual and legal claims, including tortious claims for damages and expenses, as follows:
8.1 The seller is liable for any legal reason according to and within the legal provisions, ie in the case of fault
• in case of intent or gross negligence,
• In case of injury to life, body or health.
8.2 Incidentally, the seller’s liability 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 All legal relationships of the parties shall be governed by the law of the Republic of Austria, excluding the UN Sales Convention. For consumers, this choice of law applies only insofar as the law of the country in which the consumer has his habitual residence does not provide that the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence shall not be withdrawn may.
9.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union at the time of conclusion of the contract, 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 exclusive place of jurisdiction is the location of the place of business of the vendor. For customers who are consumers, the following applies to both the entrepreneur’s actions against the consumer and the consumer’s actions against the trader, where the consumer is domiciled in the EU, but not in Austria. If the consumer is domiciled or habitually resident in Austria, he may be sued only by the court in whose district the place of residence or habitual residence is situated; In this case, the entrepreneur can only be sued by the customer at his place of business, unless another place of jurisdiction exists by law.
10 Alternative Dispute Resolution
10.1 The EU Commission provides a platform for online dispute resolution 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 purchase or service contracts involving a consumer.
