General Terms and Conditions

General Terms and Conditions

Article 1 – Definitions

In these terms, the following definitions apply:

  • Cooling-off period: the period during which the consumer can exercise their right of withdrawal;
  • Consumer: the natural person who does not act in the course of a profession or business, and who enters into a distance sales agreement with the company;
  • Day: calendar day;
  • Ongoing agreement: a distance sales agreement relating to a series of products and/or services, where delivery and/or receipt obligations are spread over time;
  • Durable medium: any means that enables the consumer or company to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information;
  • Right of withdrawal: the option for the consumer to withdraw from the distance sales agreement within the cooling-off period;
  • Company: the natural or legal person who offers products and/or services remotely to consumers;
  • Distance sales agreement: an agreement concluded within the framework of a system organised by the company for the remote sale of products and/or services, where exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement;
  • Technique for distance communication: a means that can be used to conclude an agreement without the consumer and company being physically present in the same place at the same time;
  • General terms and conditions: the present general terms and conditions of the company.

Article 3 – Applicability

These general terms and conditions apply to every offer from the company and to every distance sales agreement concluded between the company and the consumer.

Before the distance sales agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not possible, it will be indicated before the conclusion of the agreement that the terms and conditions can be read at the company, and that they will be sent free of charge as soon as possible upon the consumer's request.

If the distance sales agreement is concluded electronically, the terms and conditions may, notwithstanding the preceding paragraph, also be made available electronically in a way that allows the consumer to store them on a durable medium. If this is not possible, it will be indicated before the conclusion of the agreement where the terms and conditions can be read electronically, and that they will be sent free of charge electronically or otherwise upon the consumer's request.

If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly. In the event of conflicting conditions, the consumer may always invoke the provision most favourable to them.

If one or more provisions of these terms and conditions are at any time wholly or partially invalid or are declared invalid, the remainder of the agreement and conditions will remain in force, and the relevant provision will be replaced by mutual agreement with a provision that reflects the purpose of the original provision as closely as possible.

Situations not covered by these terms and conditions shall be assessed in the spirit of these general terms and conditions.

Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall be explained in the spirit of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited validity period or is subject to conditions, this will be clearly stated in the offer.

The offer is non-binding. The company reserves the right to change and adjust the offer.

The offer contains a complete and accurate description of the products and/or services being offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the company uses images, they will be a truthful representation of the products and/or services offered. Obvious errors or mistakes in the offer are not binding on the company.

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or cancellation of the agreement. The images of the products are a truthful representation of the products offered. The company cannot guarantee that the displayed colours exactly match the actual colours of the products.

Every offer contains information that makes it clear to the consumer what rights and obligations are associated with accepting the offer. This includes in particular:

  • the price, excluding customs duties and import VAT. These additional costs are at the customer's expense and risk. The postal and/or courier service will, with regard to importation, apply the special scheme for postal and courier services. This scheme applies when goods are imported into the EU country where they are to be delivered. The postal and/or courier service will charge VAT (possibly together with customs duties) to the recipient of the goods;
  • any shipping costs;
  • the manner in which the agreement will be concluded and what actions are required for this;
  • whether the right of withdrawal applies;
  • the manner in which payment, delivery, and execution of the agreement will take place;
  • the period for acceptance of the offer, or the period during which the company guarantees the price;
  • the level of any communication costs, if calculated on a basis other than the standard basic rates for the communication method used;
  • whether the agreement will be archived after conclusion, and if so, how the consumer can access it;
  • how the consumer can verify and correct the information they have provided in connection with the agreement before it is concluded;
  • any other languages, besides English, in which the agreement can be concluded;
  • the codes of conduct to which the company has committed, and how the consumer can consult these codes of conduct electronically;
  • the minimum duration of the agreement in the case of an ongoing agreement.

Optional: available sizes, colours, material types.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfils the associated conditions.

If the consumer has accepted the offer electronically, the company will immediately confirm receipt of the acceptance electronically. As long as the receipt of this acceptance has not been confirmed by the company, the consumer may cancel the agreement.

If the agreement is concluded electronically, the company will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the company will take appropriate security measures.

The company may, within the bounds of the law, obtain information about whether the consumer can fulfil their payment obligations, as well as all facts and factors relevant to a responsible conclusion of the distance sales agreement. If the company has good reason not to enter into the agreement based on this investigation, it has the right to refuse an order or request with reasons, or to attach special conditions to its execution.

The company will send the consumer the following information in writing or in a manner that allows the consumer to store it on an accessible durable medium:

  1. the company's visiting address where the consumer can go with complaints;
  2. the conditions and manner in which the consumer can exercise their right of withdrawal, or a clear statement thereof.

The company may offer products or services whose prices are subject to fluctuations in the financial market and over which the company has no influence, at variable prices. This dependence on fluctuations and the fact that any stated prices are indicative must be stated in the offer.

Price increases within 3 months of the conclusion of the agreement are only permitted if they result from legislation or regulations.

Price increases from 3 months after the conclusion of the agreement are only permitted if the company has agreed to this and:

  1. the increase results from legislation or regulations; or
  2. the consumer has the right to cancel the agreement from the day the price increase takes effect.

The prices of products or services stated in the offer include VAT.

Article 10 – Conformity and Warranty

The company ensures that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of durability and/or usability, and the existing legal provisions and/or government regulations in force on the date of the conclusion of the agreement. If agreed upon, the company also guarantees that the product is suitable for uses other than normal use.

A warranty provided by the company, the manufacturer, or the importer does not affect the statutory rights and claims that the consumer can assert against the company under the agreement.

Any defects or incorrectly delivered products must be reported to the company in writing within 4 weeks of delivery. Products must be returned in their original packaging and in new condition.

The warranty period offered by the company corresponds to the manufacturer's warranty period. However, the company is never responsible for the ultimate suitability of the products for each individual consumer's specific use, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

  • the consumer has repaired and/or modified the delivered products themselves, or has had them repaired and/or modified by third parties;
  • the products have been exposed to abnormal conditions or have been handled carelessly or contrary to the company's instructions or the instructions on the packaging;
  • the defects of the product are wholly or partially the result of regulations imposed by the government regarding the nature or quality of the product.

Article 11 – Delivery and Execution

The company will exercise the greatest possible care when receiving and executing product orders and when assessing requests for the delivery of services.

The delivery address is the address the consumer has provided to the company.

Subject to the provisions of paragraph 4 of this article, the company will execute accepted orders promptly, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified no later than 30 days after placing the order. In this case, the consumer has the right to cancel the agreement free of charge. The consumer has no right to compensation.

All delivery times are indicative. The consumer cannot claim any rights in the event of any exceeding of stated delivery times. Exceeding a deadline does not entitle the consumer to compensation.

In the event of cancellation in accordance with paragraph 3 of this article, the company will refund the amount paid by the consumer as soon as possible, but no later than within 14 days of the cancellation.

If delivery of an ordered product proves to be impossible, the company will endeavour to offer a replacement product. No later than at the time of delivery, it must be clearly indicated that a replacement product is being delivered. The right of withdrawal cannot be excluded for replacement products. Any return costs will be borne by the company.

The risk of damage and/or loss of products lies with the company until the moment of delivery to the consumer or a representative designated and notified by the consumer, unless explicitly agreed otherwise.

Article 12 – Ongoing Agreements: Duration, Termination and Renewal

Termination

  1. The consumer may terminate an agreement concluded for an indefinite period, which includes the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period of no more than one month.
  2. The consumer may terminate an agreement concluded for a fixed period, which includes the regular delivery of products (including electricity) or services, at any time at the end of the period, subject to the agreed termination rules and a notice period of no more than one month.
  3. The consumer may terminate the agreements referred to in the preceding paragraphs:
    • at any time and is not restricted to termination at a specific time or during a specific period;
    • in the same manner as the agreement was concluded;
    • always with the same notice period as the company has set for itself.

Renewal

  1. An agreement concluded for a fixed period, which includes the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a fixed period.
  2. Agreements that include the regular delivery of daily, news, or weekly newspapers and magazines may, however, be tacitly extended for a period of no more than three months, provided the consumer can terminate the extended agreement.