1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of
FIONA HERNUSS e.U.
A-1010 Vienna, AUSTRIA
apply to all contracts for the delivery of goods and ancillary services that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the latter's goods and ancillary services. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed. For contracts for the delivery of vouchers, these Terms and Conditions shall apply accordingly, unless otherwise expressly provided.
A consumer is any natural person who carries out a transaction that is not part of the operation of his business. 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 his commercial or independent professional activity. Stock corporations, limited liability companies, commercial cooperatives, mutual insurance associations, 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 constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
The customer does not acquire any intellectual property or copyrights to the goods or works. All copyrights, exploitation rights and other protective rights remain with the rights holder. Therefore, no reproduction, distribution, publication, making available, processing, filing or other exploitation within the meaning of the UrhG is permitted. The respective product description in the online store of the seller is decisive for the quality and design of the works.
The works are protected by copyright. The customer does not acquire any intellectual property or copyrights to the goods or works. All copyrights, exploitation rights and other protective rights remain with the author.
2.2 The Customer may submit the offer via the online order form integrated into the Seller's online store. In doing so, after placing the selected goods or services 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 or services contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer may also submit the offer to the seller by telephone or e-mail.
2.3 The seller can accept the offer of the customer within 5 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 requesting payment from the customer after the order has been placed.
If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends at the end of the 5th 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 to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
If the customer selects a payment method during the online ordering process by clicking the button that concludes the ordering process and at the same time also gives a payment order to his payment service provider to transfer the money directly to the account of the seller, the seller declares, in deviation from section 2.3, already now the acceptance of the offer of the customer at the time when the money arrives at the account of the seller.
2.4 When submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail) after the Customer's order has been sent.
When submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer's order has been sent. The Seller shall not make the text of the contract accessible beyond this.
2.5 The German and English languages are available for the conclusion of the contract.
2.6 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct and, when using SPAM filters, must ensure that all e-mails sent by the seller or by third parties commissioned by the seller with order processing can be delivered.
3) Right of withdrawal
3.1 Consumers residing in the EU are generally entitled to a right of withdrawal when concluding a distance contract.
A distance contract is a contract between the seller and a consumer concluded without the simultaneous physical presence of the seller and the consumer, whereby up to and including the conclusion of the contract only means of distance communication (fax, internet, telephone) are used.
3.2 More detailed information on the right of withdrawal can be found in the Seller's withdrawal policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller's product and service description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated 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 are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds 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 store.
5) Retention of title
5.1 With respect to its customers, whether consumers or entrepreneurs, the Seller shall retain title to the goods provided until the purchase price owed has been paid in full.
6) Delivery and shipping conditions
6.1 Our offers are open to all customers with a residence or registered office in a member state of the European Union, Great Britain and Switzerland. For a sale and delivery to another country, please inquire at firstname.lastname@example.org.
6.2 Delivery of goods will be made by shipping to the delivery address provided by the customer, unless otherwise agreed.
6.3 If the Customer is acting as an entrepreneur, the risk of loss of or damage to the goods sold shall pass to the Customer as soon as the Seller has delivered the item to the carrier, freight forwarder or the person or company otherwise designated to carry out the shipment. If the customer acts as a consumer, the risk shall pass to the consumer only 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 has concluded the contract of carriage himself without making use of a choice proposed by the entrepreneur, the risk shall pass as soon as the goods are handed over to the carrier.
6.4 If the consumer wishes to collect the goods himself, he must contact the seller by e-mail at email@example.com to find out whether this is possible and in what form.
6.5 Vouchers are provided to the customer as follows:
- by e-mail
- by mail
6.6 The shipment will be made by Austrian Post, FedEx, Gebrüder Weiss Gesellschaft m.b.H. or Blitzkurier
The provisions of the statutory warranty shall apply.
If the customer acts as an entrepreneur, the following also applies:
An insignificant defect shall in principle not give rise to any warranty claims.
The seller has the choice of how to remedy the defect.
The limitation period does not start again if a replacement delivery is made within the scope of the liability for defects.
If the customer acts as an entrepreneur in the sense of the Austrian Commercial Code (UGB), he shall be subject to the commercial obligation to examine the goods and to give notice of defects pursuant to § 377 UGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.
Liability of the seller is excluded for slight negligence, unless personal injury is involved. These liability regulations shall also apply with regard to the Seller's liability for its vicarious agents and legal representatives.
8) Special conditions for the processing of goods and creation of works according to certain specifications of the customer.
8.1 If, according to the content of the contract, the Seller, in addition to the delivery of the work, also owes the processing or production according to certain specifications of the Customer, the Customer shall provide the Seller with all content required for the processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the Seller and shall grant the Seller the rights of use required for this purpose. The customer alone is responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility that he has the right to use the content provided to the seller. In particular, he shall ensure that no rights of third parties are violated thereby, in particular copyrights, exploitation rights, trademark rights and personal rights or other protective or data protection rights.
8.2 The Customer shall indemnify the Seller against claims of third parties which the latter may assert against the Seller in connection with an infringement of their rights by the contractual use of the Customer's content by the Seller. In this context, the Customer shall also bear the reasonable costs of appropriate legal action, including all court costs and lawyers' fees. This shall not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer shall be obliged to provide the seller immediately, truthfully and completely with all information required for the examination of the claims and a defense.
8.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates legal or official prohibitions or offends common decency. This shall apply in particular, but not exclusively, to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.
9) Redemption of vouchers
9.1 Vouchers that can be purchased via the Seller's online store (hereinafter "Vouchers") can only be redeemed in the Seller's online store, unless otherwise stated in the Voucher.
9.2 Vouchers and remaining credit balances of Vouchers are redeemable until the end of the fifth year after the year of the Voucher purchase. Remaining credit balances shall be credited to the customer until the expiration date.
9.3 Vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
9.4 Several vouchers can also be redeemed for one order.
9.5 Vouchers can only be used for the purchase of goods and not for the purchase of further vouchers.
9.6 If the value of the 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.
9.7 The balance of a gift voucher is neither paid out in cash nor does it bear interest.
9.8 The gift voucher is intended only for use by the person named on it. Transfer of the gift voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the material eligibility of the respective Gift Voucher Holder.
10) Place of Jurisdiction/Applicable Law
10.1 Austrian substantive law shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is domiciled or habitually resident.
10.2 In the relationship with entrepreneurs, the court with subject-matter jurisdiction at the Seller's registered office shall be agreed as the exclusively competent court.
10.3 If the Customer is a consumer with domicile or habitual residence in the EU, he can only be sued at his court of domicile and can sue the Seller either at the registered office of the Seller or at the domicile of the Customer;
11) Alternative Dispute Resolution
11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers...
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
11.2 We undertake to participate in the arbitration procedure of the Internet Ombudsman's Office in the event of disputes: www.ombudsstelle.at.
More information on the types of proceedings at www.ombudsstelle.at.
Our e-mail address: firstname.lastname@example.org