Generals Terms and Conditions with customer information

Table of contents

1. Scope of application
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Liability
9. Applicable law
10. Place of jurisdiction
11. Alternative dispute resolution

1) Scope of application

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

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

1.3 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 submit a binding offer by the Customer.

2.2 The Customer may 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 concludes the ordering process.

2.3 The Seller may accept the Customer's offer within five days by

- transmitting a written order confirmation or an order confirmation in text form (fax or e-mail) to the Customer, whereby the receipt of the order confirmation by the Customer is decisive, or
- delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
- requesting payment from the Customer after the Customer has submitted its contractual offer.

If several of the aforementioned alternatives are present, the contract shall be concluded at the time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer shall begin on the day after the Customer sends the offer and shall end 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 its declaration of intent.

2.4 When an offer is made by the Customer 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 sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent its order. The Seller shall not make the text of the contract available beyond this. If the Customer has set up a user account in the Seller's online shop prior to sending its order, the order data shall be archived on the Seller's website and can be accessed by the Customer via its password-protected user account by providing the respective login data free of charge.

2.5 Prior to binding submission of the order via the Seller's online order form, the Customer may identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors is the browser's magnification function, which enlarges the display on the screen. The Customer can correct its entries during the electronic ordering process using the usual keyboard and mouse functions until it clicks the button that concludes the ordering process.

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

2.7 The order processing and contact usually take place by e-mail and automated order processing. The Customer shall ensure that the e-mail address provided by it for the purpose of order processing is correct, so that e-mails sent by the Seller can be received at this address. In particular, the Customer shall ensure, when using SPAM filters, that all e-mails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

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 withdrawal policy.

3.3 The right of withdrawal does not apply to consumers whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union and who do not belong to any member state of the European Union at the time of conclusion of the contract.

4) Prices and terms of payment

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

4.2 For deliveries to countries outside the European Union, further costs may arise 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 money transfer by credit institutions (e.g. transfer fees, exchange rate fees) or customs duties or taxes (e.g. customs). Such costs may also arise in connection with the money transfer if the delivery does not take place to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3 The following payment methods are available to the Customer in the online shop:

- Credit card (Visa, Mastercard, American Express)
- Apple Pay
- Google Pay

If one of the payment methods listed above is selected, payment processing will be carried out by the payment service provider Stripe Payments Europe, Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). Stripe may use affiliated payment services to perform its services. Further information about Stripe is available at https://stripe.com.

For the use of individual payment methods, additional conditions or credit checks by the respective credit institution may apply, which will be specifically indicated during the order process. No additional fees are charged by the Seller for the chosen payment method.

5) Delivery and shipping conditions

5.1 If the Seller offers delivery of the goods, delivery will be made within the delivery area indicated by the Seller to the delivery address specified by the Customer, unless otherwise agreed. For order processing, the delivery address entered in the Seller’s order management system is decisive. Shipping is available to selected EU countries: Belgium, Bulgaria, Germany, Estonia, Finland, France, Greece, Ireland, Italy, Croatia, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Austria, Portugal, Slovakia, Slovenia, Spain, and Cyprus. Shipping is carried out depending on the product by standard delivery. The exact shipping costs depend on the shipping method, weight, and delivery address and will be displayed during the order process.

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 for the outward shipment if the Customer effectively exercises his right of withdrawal. In the case of effective exercise of the right of withdrawal by the Customer, the provision made in the Seller's withdrawal instructions regarding the return shipping costs shall apply.

5.3 If the Customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold item shall pass to the Customer as soon as the Seller has handed over the item to the carrier, the freight forwarder or the person or institution otherwise designated to carry out the shipment. If the Customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the sold item generally passes to the Customer only upon handover of the goods to the Customer or an authorized recipient. Deviating from this, however, the risk of accidental loss and accidental deterioration of the sold item also passes to the consumer upon handover of the item to the carrier, the freight forwarder or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the carrier, the freight forwarder or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named such a person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This shall only apply if the non-delivery is not the responsibility of the Seller and he has concluded a specific covering transaction with the supplier with due care. The Seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer shall be informed immediately and the consideration shall be refunded without delay.

5.5 Collection by the Customer himself is not possible for logistical reasons.

5.6 Delivery Time and Commencement of the Period

The period for delivery begins as follows:

- for payment by credit card, on the day after the conclusion of the contract;
- for payment by Apple Pay or Google Pay, on the day after the customer confirms the payment transaction.

The period ends upon expiry of the last day of the specified delivery time. If the last day of the period falls on a Saturday, Sunday, or a public holiday officially recognized at the place of delivery, the next working day shall take the place of such a day. The specific delivery time for each item is indicated in the product description and during the order process. When ordering several items with different delivery times, the delivery time of the item with the longest period shall apply to the entire shipment.

6) Retention of title

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

7) Liability for defects (warranty)

Unless otherwise stated in the following provisions, the statutory provisions on liability for defects shall apply. Deviating from this, the following shall apply to contracts for the delivery of goods:

7.1 If the Customer is acting as an entrepreneur,

- the Seller has the choice of the type of subsequent fulfillment;
- for new goods, the limitation period for defects is one year from delivery of the goods;
- for used goods, rights and claims due to defects are excluded;
- the limitation period does not start anew if a replacement delivery is made within the scope of liability for defects.

7.2 The aforementioned liability limitations and limitation periods do not apply

- to claims for damages and reimbursement of expenses by the Customer,
- 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 contracts for the delivery of goods with digital elements.

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

7.4 If the Customer is acting as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to notify the Seller thereof. If the Customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.

8) Liability

The Seller shall be liable to the Customer from all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:

8.1 The Seller shall be liable without limitation for any legal reason

- in the case of intent or gross negligence,
- in the case of intentional or negligent injury to life, body or health,
- on the basis of a warranty promise, unless otherwise regulated therein,
- on the basis of mandatory liability, such as under the Product Liability Act.

8.2 If the Seller negligently breaches a material contractual duty, liability shall be limited to the contract-typical, foreseeable damage, unless unlimited liability applies pursuant to the preceding paragraph. Material contractual duties are duties which the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the Customer may regularly rely.

8.3 Otherwise, liability of the Seller is excluded.

8.4 The above liability provisions shall also apply with regard to the Seller's liability for its vicarious agents and legal representatives.

9) Applicable law

All legal relations between the parties shall be governed by the law of the Republic of Austria to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

10) Place of jurisdiction

If the Customer acts as a merchant, legal entity under public law or 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 shall be the Seller's registered office. If the Customer has its registered office outside the territory of the Republic of Austria, the Seller's registered office shall be 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. However, in the aforementioned cases, the Seller shall in any case be entitled to bring the action before the court at the Customer's registered office.

11) Alternative dispute resolution

11.1 The European Commission provides a platform for online dispute resolution (ODR) at the following link: https://ec.europa.eu/consumers/odr

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 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.