General terms and conditions of business
(as of September 2021)
The following General Terms and Conditions (in short "GTC") shall apply to all purchase contracts between designothek e.U. and a consumer or entrepreneur (in short "Contractual Partner") in the version valid at the time of the order.
2. conclusion of a contract, storage of the contract text
2.1 The following regulations on the conclusion of the contract apply to orders placed via our webshop on the website www.designothek.at.
2.2 In the event of the conclusion of a contract, the contract shall be concluded with the company designothek e.U..
2.3 The presentation of the goods in our Internet shop does not constitute a legally binding contractual offer on our part, but is only a non-binding
presentation of our products to the contractual partner to enable him to order our goods. By ordering the desired goods, the contractual partner submits a binding offer to conclude a purchase contract.
2.4 The contractual partner makes a binding offer to enter into a contract by successfully completing the order procedure provided in our Internet shop.
The order is placed in the following steps:
· Selecting the product
· Select product by clicking "Add to shopping cart
· Check shopping cart
· Pressing the "Proceed to checkout" button
· Entering addresses and payment information
· Re-checking or correction of the respective data entered
· Binding submission of the order by clicking on the button "Order subject to payment".
Before sending the binding order, the contractual partner can, after checking his details, press the "back" button in the Internet browser he is using to return to the Internet page on which the contractual partner's details are recorded and correct input errors or cancel the order process by closing the Internet browser.
We confirm the receipt of the order immediately by an automatically generated e-mail ("confirmation of receipt").
2.5 After receipt of the order, we will send you the order data and our GTC by e-mail. You can also view the GTC at any time at www.designothek.at. For security reasons, your order data is no longer accessible via the Internet, but is stored electronically by us.
2.6 The purchase contract is concluded with the transmission of an order confirmation, at the latest, however, with the delivery of the ordered goods.
3. prices, shipping costs, payment
3.1 The prices stated are in EURO and include the statutory value added tax and other price components. Any shipping costs as well as customs or other import duties shall be added.
3.2 The contractual partner has the option of payment by credit card, PayPal or Sofortüberweisung.
4.1 The delivery of the ordered goods is regularly carried out by dispatch. The costs of shipment shall be borne by the contractual partner, unless expressly agreed otherwise.
4.2 Unless we have not clearly stated otherwise in the product description, all items offered by us are ready for immediate shipment. The delivery takes place here within 3 working days. The delivery period begins on the day after the conclusion of the contract. If the deadline falls on a Saturday, Sunday or public holiday at the place of delivery, the period ends on the next working day.
4.3 Delivery may be delayed in the case of goods to be manufactured. The contracting party will be informed about the planned delivery.
4.4 The risk of accidental loss and accidental deterioration of the sold item shall not pass to the contractual partner until the item is handed over to the contractual partner, even in the case of a sale by dispatch. If the contractual partner is an entrepreneur, the risk of accidental loss and accidental deterioration of the sold item in the case of a mail order purchase shall already pass to him upon notification of readiness for dispatch and delivery.
4.5 If a package is obviously damaged during delivery, the contractual partner must insist that this circumstance is recorded in writing by the delivery agent. The other party must notify us in writing (by post or e-mail) of any damage to a product within 14 working days.
5. retention of title
We retain ownership of the goods until the purchase price has been paid in full.
6. Right of withdrawal of the consumer
If the contractual partner is a consumer, he has a right of withdrawal.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period shall be
· of a purchase contract for the delivery of one or more goods in one consignment fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods,
· of a purchase contract for the delivery of several goods in several partial consignments within the scope of a uniform order fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.
In order to exercise your right of withdrawal, you must inform us (designothek e.U. , Langfeldstraße 50, A-4040 Plesching) by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. For this purpose, you may use the sample revocation form attached here (see "Appendix - Sample Revocation Form"), which is, however, not mandatory.
Alternatively, you can also fill out and submit the model revocation form or another clear declaration electronically on our website (www.designothek.at). If you make use of this option, we will send you confirmation of receipt of such revocation without delay (e.g. by e-mail).
In order to comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
Consequences of revocation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us (designothek e.U. , Langfeldstraße 50, A-4040 Plesching) without delay and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract.
The deadline is met if you send the goods before the expiry of the period of fourteen days.
The costs for the return of the goods will be borne by us. This is provided that you have chosen the standard delivery proposed by us for the return.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
7 Exclusion of the right of withdrawal
There is no right of withdrawal for
(i) services, if the trader - on the basis of an express request by the consumer pursuant to § 10 as well as a confirmation by the consumer of his knowledge of the loss of the right of withdrawal upon complete performance of the contract - had commenced performance of the service before the expiry of the withdrawal period pursuant to § 11 and the service was then fully performed,
(ii) goods or services whose price depends on fluctuations in the financial market over which the trader has no control and which may occur within the withdrawal period,
(iii) Goods that are manufactured according to customer specifications or are clearly tailored to personal needs,
(iv) the supply of digital content not stored on a tangible medium, if the trader - with the express consent of the consumer, combined with the consumer's knowledge of the loss of the right of withdrawal in the event of premature commencement of performance of the contract, and after providing a copy or confirmation in accordance with § 5(2) or § 7(3) - has commenced delivery before the expiry of the withdrawal period in accordance with § 11.
8 Warranty and compensation
8.1 A warranty claim is excluded, unless otherwise stipulated by mandatory consumer protection regulations.
8.2 We assume no liability for damages, in particular not for indirect damages or lost profits, nor for warranty or product liability, unless otherwise provided for by mandatory consumer protection provisions.
8.3 Insofar as we are liable for damage in accordance with the statutory provisions, our liability is limited to intent and gross negligence. Our liability is limited to the amount of the specific contractual remuneration. Any further liability is excluded, unless consumer protection regulations provide otherwise.
8.4 We assume no liability for the topicality, correctness, completeness and the content of the information provided.
8.5 The photographs contained in the product description are only exemplary. Due to the uniqueness of the products or due to the materials used, there may be a colour deviation or a slight difference in size between the actual product and its image on the Internet, which, however, does not entitle the contractual partner to make a complaint.
8.6 We do not accept any liability for delayed delivery resulting from circumstances beyond our control (e.g. later production by the designer in the case of individual items).
8.7 We shall not be liable in the event of allergies or incompatibilities of the contractual partner to a component of the raw materials used in our products. An allergy or intolerance of the contractual partner does not entitle him to make a complaint.
9 Offsetting, retention
A set-off of claims of the contractual partner against our claims as well as a possible right of retention shall be excluded, unless otherwise stipulated by mandatory consumer protection provisions.
10 Applicable law, place of jurisdiction, place of performance, written form
10.1 Insofar as mandatory statutory provisions do not conflict with this, Austrian law shall expressly apply; the application of UN sales law is expressly excluded.
10.2 In the event of any disputes, the place of jurisdiction shall be the competent court at the registered office of designothek e.U..
10.3 The place of performance shall be the registered office of designothek e.U..
10.4 Amendments and supplements to this contract must be made in writing; this also applies to subsidiary agreements and subsequent amendments to the contract, as well as to any waiver of the written form requirement.
11. language of the contract
Only German is available as the contractual language.
12. severability clause
Should any provision in these General Terms and Conditions be or become invalid, this shall not affect the validity of the other provisions. The invalid provision shall be replaced by a valid provision that comes closest economically and legally to the provision to be replaced.
Sample cancellation form
(If you wish to cancel the contract, please fill in and return this form).
To: designothek e.U. , Langfeldstraße 50, A-4040 Plesching, firstname.lastname@example.org
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in the case of notification on paper)
(*) Delete as applicable.