AGB
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– General Terms and Conditions with Customer Information
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Table of Contents
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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. Applicable Law 9. Alternative Dispute Resolution
1) Scope of Application 1.1 These General Terms and Conditions (hereinafter "GTC") of Überleitner Enterprise GmbH (hereinafter "Seller") apply to all contracts concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods and/or services presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed. 1.2 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity. 1.3 For the purposes of these GTC, an entrepreneur is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, is acting in the course of its 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 as an invitation to the customer to submit a binding offer. 2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods and/or services in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding offer to purchase the goods and/or services contained in the shopping cart by clicking the button that completes the order process. Furthermore, the customer may also submit the offer to the seller by email or telephone. 2.3 The seller may accept the customer's offer within five days by: - sending the customer a written order confirmation or an order confirmation in text form (fax or email), in which case the receipt of the order confirmation by the customer is decisive; or - delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive; or - requesting payment from the customer after the customer has placed the order. If several of the aforementioned alternatives apply, the contract is concluded at the point in time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the offer is sent by the customer and ends 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 their declaration of intent. 2.4 If a payment method offered by PayPal is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or – if the customer does not have a PayPal account – subject to the terms for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the moment the customer clicks the button that completes the order process. 2.5 When an offer is submitted via the seller's online order form, the contract text is saved by the seller and sent to the customer in text form (e.g., email, fax, or letter) along with these Terms and Conditions after the order has been submitted. However, the contract text can no longer be accessed by the customer via the seller's website after the order has been submitted. 2.6 Before submitting a binding order via the seller's online order form, the customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical aid for better identifying input errors is the browser's zoom function, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process using standard keyboard and mouse functions until they click the button that completes the order. 2.7 The German language is available for concluding the contract. 2.8 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at that address. In particular, if using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered.
3) Right of withdrawal 3.1 Consumers generally have a right of withdrawal. 3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.
4) Prices and Payment Terms 4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices, including statutory VAT. Any additional delivery and shipping costs are specified separately in the respective product description. 4.2 The customer has various payment options available, which are displayed in the seller's online shop at the beginning of the ordering process. 4.3 If payment in advance has been agreed, payment is due immediately upon conclusion of the contract. 4.4 If the payment method "SOFORT" is selected, payment processing is handled by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To pay the invoice amount via "SOFORT", the customer must have an online banking account that is activated for participation in "SOFORT", authenticate themselves accordingly during the payment process, and confirm the payment instruction to "SOFORT". The payment transaction is then carried out immediately by "SOFORT" and the customer's bank account is debited. Further information on the "SOFORT" payment method can be found online at https://www.klarna.com/sofort/. 4.5 When selecting the credit card payment method via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to conduct a credit check and to refuse this payment method in the event of a negative credit assessment. 4.6 When selecting the SEPA direct debit payment method, the invoice amount is due after a SEPA direct debit mandate has been issued, but not before the deadline for the pre-notification of the payment has expired. The direct debit will be collected when the ordered goods leave the seller's warehouse, but not before the deadline for the pre-notification has expired. Pre-notification is any communication (e.g., invoice, policy, contract) from the seller to the customer announcing a charge via SEPA direct debit. If a direct debit is not honored due to insufficient funds or incorrect bank details, or if the customer objects to the debit without justification, the customer is liable for any fees incurred by the respective financial institution for the chargeback, provided the customer is at fault. The seller reserves the right to conduct a credit check when SEPA direct debit is selected as the payment method and to refuse this payment method if the credit check is negative. 4.7 When selecting direct debit via Stripe as the payment method, payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). In this case, Stripe will collect the invoice amount from the customer's bank account on behalf of the seller after a SEPA direct debit mandate has been issued, but not before the pre-notification period has expired. Pre-notification is any communication (e.g., invoice, policy, contract) to the customer announcing a debit via SEPA direct debit. If a direct debit is not honored due to insufficient funds or incorrect bank details, or if the customer objects to the debit without justification, the customer is liable for any fees incurred by the respective financial institution for the chargeback, provided the customer is at fault. The seller reserves the right to conduct a credit check when SEPA direct debit is selected as the payment method and to refuse this payment method if the credit check is negative.
5) Delivery and Shipping Terms 5.1 Unless otherwise agreed, goods are delivered by mail to the delivery address specified by the customer. The delivery address specified in the seller's order processing system is decisive for the transaction. However, if PayPal is selected as the payment method, the delivery address stored by the customer with PayPal at the time of payment is decisive. 5.2 If the shipping company 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 does not apply if the customer is not responsible for the circumstances that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the offered service, unless the seller had given the customer reasonable prior notice of the delivery. Furthermore, this does not apply to the costs of the initial shipment if the customer effectively exercises their right of withdrawal. For return shipping costs, the regulations set out in the seller's cancellation policy apply if the customer effectively exercises their right of withdrawal. 5.3 Self-collection is not possible for logistical reasons.
6) Retention of title: If the seller performs in advance, he retains title to the delivered goods until full payment of the purchase price owed and all associated costs and expenses.
7) Liability for defects (warranty) Unless otherwise provided in the following provisions, the regulations of statutory liability for defects shall apply. Notwithstanding the above, the following applies to contracts for the supply of goods: 7.1 If the customer is acting as an entrepreneur, - the seller has the right to choose the type of subsequent performance; - the limitation period for warranty claims for new goods is one year from delivery of the goods; - warranty claims for used goods are excluded; - the limitation period does not restart if a replacement delivery is made within the scope of liability for defects. 7.2 The aforementioned limitations of liability and reductions of time limits 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, according to their usual purpose, have been used for a building and have caused its defectiveness; - to any existing obligation of the seller to provide updates for digital products in contracts for the supply 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 contract is a business transaction for both parties, Pursuant to Section 343 Paragraph 2 of the Austrian Commercial Code (AT-UGB), the customer is subject to the commercial duty to inspect and give notice of defects in accordance with Section 377 AT-UGB. If the customer fails to comply with the notification obligations stipulated therein, the goods are deemed approved. 7.5 If the customer is a consumer, they are requested to report any delivered goods with obvious transport damage to the delivery service and to inform the seller accordingly. Failure to do so will not affect the customer's statutory or contractual warranty rights.
8) Applicable Law All legal relations between the parties shall be governed by the laws of the Republic of Austria, excluding the laws on the international sale of goods. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.
9) Alternative Dispute Resolution: The seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
Copyright notice: These terms and conditions were created by the specialist lawyers of the IT law firm and are protected by copyright (https://www.it-recht-kanzlei.de)
As of April 20, 2025, 7:10:17 AM