Terms of Service
General Terms of Service with customer information
LIST OF CONTENTS:
1. Scope of application
2. Conclusion of contract
3. Cancellation right (right of withdrawal)
4. Prices and terms of payment
5. Delivery and shipment terms
6. Retention of Title
9. Applicable law
10. Information on online dispute resolution
1) SCOPE OF APPLICATION
1.1 These General Terms and Conditions (hereinafter "GTC") of
…SAID THE FOX e.U.
c/o IMPACT HUB VIENNA
+43 680 504 7222
(hereinafter "Seller"), apply to all contracts entered into between a consumer or entrepreneur (hereinafter "Customer") with the Seller with regard to the goods and/or services presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is herewith rejected unless agreed otherwise.
1.2 The Consumer in terms of these GTC is defined as any private individual entering into a legal transaction for purposes that are neither predominantly attributable to his/her commercial or independent professional activities. Entrepreneur in terms of these GTC is defined as a private individual or legal entity or partnership with legal capacity for whom the transaction forms part of its business, whereby an enterprise is defined as “any permanently established organization pursuing independent business activities”. Legal entities of public law always constitute entrepreneurs.
2) CONTRACT CONCLUSION
2.1 The product descriptions shown in the online shop of the Seller do not represent binding offers by the Seller but serve the purpose of submission of a binding offer by the Customer.
2.2 The Customer may place the order by the online order form integrated in the Seller’s online shop. Hereby the Customer, after placing the selected goods and/or services into the virtual shopping cart and going through the electronic ordering process, submits a legally binding offer of contract with regard to the goods and/or services in the shopping cart by clicking on the button concluding the ordering process.
2.3 The Seller can accept the Customer’s offer within five days
by submitting to the Customer a written order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the Customer is relevant, or
by delivering the goods ordered by the Customer, whereby the receipt of the goods by the Customer is relevant, or
by requesting payment by the Customer after the placing of the order.
If more than one of the alternatives set out above is given, the contract is concluded at the time when one of the above alternatives first occurs. If the Seller does not accept the offer by the Customer within the above term, this shall be deemed to be a rejection of the offer, resulting in the Customer no longer being bound by his declaration of intent.
2.4 The term for the acceptance of the offer starts on the day after the submitting of the offer by the Customer and ends upon expiry of the fifth day following the submission of the offer.
2.5 When placing an order by the Seller’s online order form, the wording of the contract is saved by the Seller and submitted to the Customer after the placement of his order together with the present GTC in text form (e.g. by email, fax or letter). The wording of the contract is saved by the Seller and may be requested by the Customer by Email.
2.6 Conclusion of contract may only be effected in the German language.
2.7 Order processing and contacting is generally effected by email and automatic order processing. The Customer is obligated to ensure that the email address submitted for order processing is correct, so that any emails sent by the Seller can be received under this address. In particular, the Customer shall ensure that in case of use of any SPAM filters, all emails sent by the Seller or third parties commissioned with the processing of the order can be delivered.
3) CANCELLATION RIGHT
3.1 Consumers with residence/habitual abode in the EU generally have a cancellation right.
3.2 Further information on the cancellation right can be seen in the Seller’s information on cancellation rights.
4) PRICES AND TERMS OF PAYMENT
4.1 Unless the Seller’s description of the product provides otherwise, the indicated prices are total prices inclusive of statutory VAT. Any additional delivery and shipment costs are shown separately in the product description.
4.2 In case of delivery to countries outside the European Union, additional costs may accrue in individual cases for which the Seller is not responsible and shall be borne by the Customer. This includes for instance costs for money transfers by banking institutions (e.g. remittance fees, exchange charges) or import dues or taxes, respectively (e.g. duties). Such costs may also accrue in case of money transfers if the delivery is not effected to a country outside the European Union, but the Customer effects the payment from a country outside the European Union.
4.3 Different payment methods are available to the Customer and are shown in the Seller’s online shop.
4.4 If prepayment has been agreed, payment is due immediately upon conclusion of contract.
5) TERMS OF DELIVERY AND SHIPMENT
5.1 The delivery of goods is effected by shipment to the delivery address indicated by the Customer, unless agreed otherwise. For the processing of the transaction, the delivery address indicated during the Seller’s order processing is relevant.
5.2 If the carrier returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs of the unsuccessful shipment. This shall not apply if the Customer effectively exercises his/her cancellation right, if he/she is not responsible for the circumstances causing the unsuccessful delivery or if he/she was temporarily prevented from receiving the offered service, unless Seller announced the service to him with reasonable notice.
5.3 If the Customer is acting as an entrepreneur, the risk of accidental loss and accidental damage of the goods sold passes to the Customer as soon as the Seller submits the goods to the carrier, the forwarder or other person or institution engaged with performing the shipment. If the Customer is acting as a consumer, the risk of accidental loss and accidental damage of the goods in principle passes to the Customer upon delivery of the goods to the Customer or a person authorized to accept delivery. However, if the Customer commissions the carrier, forwarder or other person or institution engaged with performing the shipment and the Seller did not designate this person or institution to the Customer, the risk of accidental loss or accidental damage of the sold goods also passes to the Customer in case of consumers once the Seller has handed over the goods to the carrier, the forwarder or other person or institution engaged with performing the shipment.
5.4 In case of collection by the Customer, the Seller shall initially inform the Customer by email that the goods ordered by the Customer are ready for collection. After receipt of this email, the Customer may collect the goods from the Seller’s place of business by agreement with the Seller. In this case, no shipping costs will be charged.
6) RETENTION OF TITLE
6.1 In respect of consumers, the Seller retains the title to the delivered goods until full payment of the purchase price due.
6.2 In respect of entrepreneurs, Seller retains the right to the delivered goods until full payment of all claims resulting from an ongoing business relationship.
6.3 If the Customer acts as entrepreneur, he/she is entitled to resell the goods subject to retention of title in the course of ordinary business operations. All claims against third parties resulting therefrom shall be assigned to the Seller in advance, in the amount of the respective invoice amount (including VAT). This assignment applies irrespective of whether the goods subject to retention of title are resold before or after processing. The Customer remains authorized to collect claims after the assignment. The Seller’s authority to collect claims itself shall remain unaffected hereby. However, the Seller will refrain from collecting claims for as long as the Customer fulfills his/her payment obligations vis-à-vis the Seller, is not in default and no petition to initiate insolvency proceedings has been filed.
If the purchased item is faulty, the statutory provisions on warranty apply. By way of derogation, the following shall apply:
7.1 For entrepreneurs:
minor defects generally do not constitute grounds for warranty claims;
the Seller may chose the manner in which the defect is removed;
in case of new goods, the limitation period for defects is one year following the passing of risk;
in case of used goods, rights and claims for defects are generally excluded;
the limitation period does not start over when a replacement delivery is effected under the warranty.
7.2 The liability limitations and the shortening of the limitation period set out above do not apply
to damages from injury to life, body or health due to an intentional or negligent breach of obligation by the Seller or an intentional or negligent breach of obligation by a statutory representative or vicarious agent of Seller,
to other damages due to an intentional or grossly negligent breach of obligation by Seller or an intentional or grossly negligent breach of obligation of a statutory representative or vicarious agent of the user, as well as
to cases in which the Seller fraudulently concealed the defect.
Furthermore, the requirement to give notice of defects under Sec 377 UGB (Austrian Enterprise Code) applies to entrepreneurs, otherwise claims to warranty, damages due to the defect or for error on the absence of defects cannot be raised.
7.3 If the Customer is acting as a consumer, he/she is requested to make a complaint about delivered goods that were obviously damaged during transit and to notify the Seller of his. If the Customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.
The Seller is liable vis-à-vis the Customer for all contractual and quasi-contractual, statutory and also tortious claims as follows:
8.1 The Seller has unlimited liability on any legal grounds
in case of intention or gross negligence,
in case of intentional or negligent injury of life, body or health.
8.2 If the Seller violates a material contractual obligation through negligence, liability is limited to the foreseeable damage typical for the contract, unless liability is unlimited under the above sub-clause. Material contractual obligations are obligations imposed on the Seller by the contract in accordance with its content with the aim of fulfilling the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible and the observation of which the Customer may generally rely on.
8.3 Any other liability of the Seller is ruled out.
8.4 The above liability provisions shall also apply in respect of the Seller’s liability for his vicarious agents and legal representatives.
9) APPLICABLE LAW / JURISDICTION
9.1 All legal relations between the Parties shall be subject to Austrian law under exclusion of the laws on the international purchase of movable goods. For consumers, this choice of law shall only apply as far as the protection granted is not withdrawn by compulsory provisions of the jurisdiction in which the consumer has his/her domicile.
9.2 Furthermore, in respect of statutory cancellation rights, this choice of law shall not apply to consumers who are no citizens of a member state of the European Union at the time of the conclusion of the contract and whose sole residence, domicile and delivery address at the time of the conclusion of the contract is outside the European Union.
9.3 If the Customer is an entrepreneur in terms of sub-para 1.2, the exclusive place of jurisdiction shall be the Seller’s place of business. For customers who are consumers, the following applies: Legal actions brought by the entrepreneur against the consumer as well as legal actions brought by the consumer against the entrepreneur the place of jurisdiction is the consumer’s place of residence if the consumer’s residence is in the EU but not in Austria. If the consumer’s residence or domicile is in Austria, he/she may only be sued at the court where he/she has is residence or domicile; in this case the entrepreneur may only be sued at his place of business by the Customer if no other jurisdiction is provided by statute.
10) INFORMATION ON ONLINE DISPUTE RESOLUTION
The EU-Commission has made a platform on online dispute resolution available in the Internet under the following link: http://ec.europa.eu/consumers/odr
This platform serves as contact point for out-of-court dispute resolution from online sales or service contracts involving a consumer.