GENERAL TERMS AND CONDITIONS (GTC) § 1 Scope & Defense clause (1) The following general terms and conditions in the current version at the time of the order apply exclusively to the legal relationships established via this internet shop between the operator of the shop (hereinafter "provider") and his customers
(2) Deviating general terms and conditions of the customer will be rejected.
§ 2 Conclusion of the contract (1) The presentation of the goods in the internet shop does not constitute binding offer of the provider to conclude a purchase contract. The customer is only asked to submit an offer by placing an order.
(2) By submitting the order in the Internet shop, the customer makes a binding offer the conclusion of a purchase contract for the goods in the shopping cart. By submitting the order, the customer also accepts these terms and conditions as the only relevant legal relationship with the provider.
(3) The provider confirms receipt of the customer's order by sending a confirmation email. This order confirmation does not yet represent the acceptance of the contract offer by the provider. It only serves to inform the customer that the order has been received by the provider. The declaration of acceptance of the contract offer is made through the delivery of the goods or an express declaration of acceptance.
§ 3 Reservation of title The delivered goods remain the property of the provider until they have been paid for in full.
§ 4 Due date Payment of the purchase price is due upon conclusion of the contract.
§ 5 Warranty (1) The The customer's warranty rights are based on the general statutory provisions, unless otherwise specified below. The regulation in § 6 of these terms and conditions applies to claims for damages by the customer against the provider.
(2) The limitation period for warranty claims by the customer is 2 years for consumers for newly manufactured items and 1 year for used items. In relation to entrepreneurs, the limitation period for newly manufactured items and for used items is 1 year. The above shortening of the limitation periods does not apply to claims for damages by the customer due to injury to life, limb or health or to claims for damages due to a breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract, e.g. the provider has to hand over the item to the customer free of material defects and defects of title and to procure ownership of it. The above shortening of the limitation periods also does not apply to claims for damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents. Against entrepreneurs, the right of recourse according to § 478 BGB is also excluded from the shortening of the limitation periods.
(3) The provider does not declare a guarantee.
§ 6 Right of withdrawal / return No refund of the price / complaint is possible for the individual, specially made to customer requirements, unless these were damaged during transport and the damage to the packaging was documented and confirmed by the transport company.
You You can submit your contract declaration within 14 days without giving reasons in text form (e.g. letter, email - see imprint: & nbsp;
www.schoepferkunst.at/de/kontakt/ ) or - if the item is left to you before the deadline - revoke it by returning the item. The period begins on the day after receipt of this instruction in text form, but not before receipt of the goods by the recipient and not before we have fulfilled our information obligations. The timely dispatch of the cancellation or the goods is sufficient to meet the cancellation deadline.
A return of products requires the prior consent of SCHÖPFERKUNST / Daniela Huber. The costs for a return are borne by the customer. In the event of damaged goods or late returns, we can refuse to take them back. If the customer has returned the goods on time and properly, he will be reimbursed the purchase price minus delivery costs. A copy of the delivery note or the invoice must be enclosed with the return.
In the case of justified complaints, we will of course credit the postage costs together with the value of the goods. Goods that you return must be unused and unopened. Please ensure that your return is properly packaged - if possible, use our outer packaging.
§ 7 Disclaimer (1) Claims for damages by the customer are excluded, unless otherwise specified below is. The above exclusion of liability also applies in favor of the legal representatives and vicarious agents of the provider, provided that the customer asserts claims against them , health and claims for damages from the breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract, e.g. the provider has to hand over the item to the customer free of material defects and defects of title and to procure ownership of it. Liability for damage based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents is also excluded from the exclusion of liability.
(3) Provisions of the Product Liability Act (ProdHaftG) remain unaffected.
§ 8 Prohibition of assignment and pledging The assignment or pledging of claims or rights to which the customer is entitled against the provider is excluded without the consent of the provider, unless the customer has a legitimate interest in the assignment or proves pledging.
§ 9 Offsetting The customer is only entitled to offset if his claim for offsetting has been legally established or is undisputed.
§ 10 Choice of law & place of jurisdiction (1) The law of the Republic of Austria applies to the contractual relationships between the provider and the customer. The mandatory consumer protection regulations of the country in which the customer has his habitual residence are excluded from this choice of law. The application of the UN sales law is excluded.
(2) The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the seat of the provider, provided that the customer is a businessman, a legal person under public law or a special fund under public law acts.
§ 11 Agreed contractual clauses If general terms and conditions (GTC) are partially ineffective, the remainder of the contract automatically continues to apply according to § 306 BGB in force. The statutory provisions take the place of the ineffective regulations. The above provisions apply accordingly in the event that the contract proves to be incomplete.