Conditions
Terms of Service
for the webshop
Gains and Roses e.U.
Owner Marie-Theres Neumeister
Status: August 2018
1. Scope
2. Contract language
3. Applicable law, place of jurisdiction and place of performance
4. Online dispute resolution platform
5. Conclusion of a contract
6. Prices, shipping costs, due dates and default
7. Delivery
8. Duty to provide information
9. Cancellation policy
10. Retention of title
11. Warranty
12. Manufacturer Warranty
13. Liability
14. Safety and usage information
15. Force majeure
16. Severability Clause
1. Scope
These general terms and conditions (hereinafter referred to as "GTC") of the recorded sole proprietorship Gains and Roses eU, owner Marie-Theres Neumeister, FN 495565 y (hereinafter referred to as GAINSANDROSES) in the version valid at the time of the order apply to all contractual agreements which are concluded in the context of the web shop www.gainsandroses.at between GAINSANDROSES and commercial or private customers (consumers).
By placing an order, the customer agrees to these terms and conditions. These terms and conditions apply to all future business, even without another express agreement.
Changes and additions to the General Terms and Conditions as well as verbal agreements that deviate from the content of these General Terms and Conditions are only effective with a written confirmation by GAINSANDROSES. GAINSANDROSES expressly contradicts any general business or purchasing conditions of the customer. General terms and conditions submitted by the customer that deviate from these GTC are not valid unless their validity has been expressly agreed in writing.
The terms and conditions are on from GAINSANDROSES stored as a printable PDF.
2. Contract language
The contract language is German. All other information and tasks are offered in German.
3. Applicable law, place of jurisdiction and place of performance
These terms and conditions and the contracts to be concluded with the inclusion of these terms and conditions are subject to Austrian substantive law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention), unless there are mandatory provisions of the law in the country in which the customer - the consumer is - his stay has to proceed. If the legal transaction is not concluded with a consumer, the parties agree on the exclusive jurisdiction of the competent court in Graz. The legal place of jurisdiction applies to consumers.
4. Online dispute resolution platform
The EU Commission offers the possibility of online dispute resolution on an online dispute resolution platform operated by it. This dispute settlement platform is via the external link http://ec.europa.eu/consumers/odr reachable.
5. Conclusion of a contract
All offers from GAINSANDROSES are invitations to the customer to make an offer. GAINSANDROSES 'offers are non-binding. An order can only be made if the customer details are fully specified.
The customer's order represents a binding offer by the customer to conclude a contract. The receipt of the order is confirmed after the order has been sent by an automated e-mail (order confirmation), which does not yet constitute acceptance of the contract. The contract only becomes legally effective when the order is confirmed by GAINSANDROSES or when the service is actually provided to the customer.
6. Prices, shipping costs, due dates and default
The product prices stated by GAINSANDROSES at the end of the ordering process are final prices including statutory VAT and other packaging, transport, loading and shipping costs for customers who are to be regarded as consumers. The statutory value added tax and other packaging, transport, loading and shipping costs are shown separately during the ordering process, but are included in the final price.
For customers who are not to be regarded as consumers, the stated product prices (also in cost estimates) are net prices excluding VAT or value added tax, unless otherwise stated. Any packaging, transport, loading and shipping costs are not included in these prices, unless otherwise stated. The packaging, transport, loading and shipping costs will be charged according to expenditure.
Unless a discount has been expressly agreed, the customer is not entitled to deduct a discount. The purchase price is due immediately with the order by the customer, unless otherwise agreed.
GAINSANDROSES accepts the following payment options:
• Credit card (Mastercard, VISA)
The debit is made immediately after the order is placed. The costs incurred are to be borne by the customer and the payment is processed by the payment service provider ______.
• Instant bank transfer
The customer receives the transfer data after placing the order and the payment is processed by the payment service provider _______.
In the event of default in payment, default interest at the statutory rate will be charged from the due date of the claim (in the case of business between companies, however, expressly 9.2% above the respective base rate of the Austrian National Bank). Furthermore, in the event of default in payment for transactions between companies, a flat fee of € 40.00 will be charged for operating costs. Any further (legal) claims remain unaffected. If the customer is not a consumer, any complaint about the goods does not entitle GAINSANDROSES to withhold the purchase price to which GAINSANDROSES is entitled. A set-off of own claims against the claims of GAINSANDROSES is not permitted unless the claim is undisputed or not legally established or is not related to the customer's liabilities.
7. Delivery
GAINSANDROSES carries out the order without undue delay. The goods ordered are dispatched - if they are in stock - generally within 5 working days; Further details on delivery dates can be found in the course of the ordering process for the respective goods.
If the goods are not in stock, GAINSANDROSES will inform the customer of the expected delivery date by email. However, dates and delivery dates are non-binding and are only indicative, unless they are expressly declared binding in writing. The delivery address provided by the customer is decisive for delivery, unless otherwise agreed. GAINSANDROSES reserves the right, at its discretion, to send multiple orders either separately or collectively, especially if the ordered quantities are not available all at once. GAINSANDROSES delivers to addresses in Austria.
8. Duty to provide information
The customer must truthfully provide GAINSANDROSES with all information and facts necessary for the provision of the service. GAINSANDROSES should be informed immediately of changed circumstances, in particular changes to the customer's data (name, address, e-mail).
9. Cancellation policy
Customers who are to be regarded as consumers can withdraw from a distance contract or a contract concluded away from business premises within 14 days without giving reasons. The instructions on the requirements and consequences of the revocation are given in the following revocation instructions:
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier has or has taken possession of the goods or on which you or a third party named by you who is not the carrier has or has taken possession of the last goods, the partial shipment or the last piece. In order to exercise your right of withdrawal, you must contact us
Gains and Roses e.U.
Albert-Schweitzer-Gasse 49
8020 Graz
Owner Marie-Theres Neumeister
Tel: +43 664 244 95 44
Email: info@gainsandroses.at
by means of a clear declaration (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.
In order to meet the cancellation deadline, it is sufficient for you to send your notification that you are exercising your right of cancellation before the cancellation period has expired.
Consequences of withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract.
For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You must return or hand over the goods to us (Gains and Roses eU, Albert-Schweitzer-Gasse 49, 8020 Graz) immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract . The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
Exceptions to the right of withdrawal
In particular, the right of withdrawal does not apply to the following goods:
• Goods which, due to their nature, have been inseparably mixed with other goods after delivery;
• Goods that are made to customer specifications or that are clearly tailored to personal needs;
• Goods that are delivered sealed and are unsuitable for return for reasons of health or hygiene, provided that the seal has been removed after delivery;
• Newspapers, magazines or magazines with the exception of subscription contracts for the delivery of such publications,
• the delivery of digital content not stored on a physical data carrier, if GAINSANDROSES - with the express consent of the consumer, combined with his knowledge of the loss of the right of withdrawal in the event of an early start to fulfill the contract, and after providing a copy or confirmation according to § 5 Paragraph 2 or Section 7 (3) FAGG - has started delivery before the expiry of the withdrawal period according to Section 11 FAGG;
• Goods whose price depends on fluctuations in the financial market, over which GAINSANDROSES has no influence and which can occur within the withdrawal period or
• Goods that can spoil quickly or whose use-by date would be exceeded quickly.
10. Retention of title
The delivered goods remain the property of GAINSANDROSES until all claims from the contract including interest, discounts unjustifiably withheld by the customer or deductions not recognized by GAINSANDROSES, costs incurred and the like, for whatever legal reason, have been paid.
As long as there is retention of title and not all claims have been settled in full, the customer undertakes to treat the goods with care and to observe the due diligence. Pledging or assignments by way of security prior to full payment are excluded. Should the goods be seized or confiscated or otherwise accessed by third parties, the customer must point out the ownership of GAINSANDROSES, inform them immediately and transmit all information and documents required to enforce the property right to GAINSANDROSES.
11. Warranty
If the customer is a consumer, the general statutory provisions of warranty law apply. The guarantee is to be understood as the legally stipulated liability of GAINSANDROSES for defects that the purchased goods have at the time of delivery to the customer. Defects that only occur at a later point in time are generally not covered by the guarantee. Warranty claims are to be asserted within a period of two years from the handover, whereby within the first six months from the handover GAINSANDROSES has to prove that the defect did not exist at the time of handover. GAINSANDROSES is entitled to improve or replace in the event of a warranty. Only if the improvement or replacement is impossible or would involve a disproportionately high effort for GAINSANDROSES or GAINSANDROSES cannot meet the request for replacement or improvement within a reasonable period of time, the customer is entitled to a price reduction or conversion (complete cancellation of the contract) to desire.
If the customer is not a consumer, the customer must check the goods for completeness and compliance with the order immediately upon receipt. Obvious defects are to be reported immediately after receipt, in the case of a proper inspection recognizable defects within 8 days after receipt, other defects within one week after their discovery in writing with a detailed description of the defect. If the complaint is not made, the acceptance is deemed to have taken place and any warranty is excluded. In the event of a proper complaint, the provisions of warranty law apply. A warranty period of one year is agreed between customers who are not consumers and GAINSANDROSES.
12. Manufacturer Warranty
If a manufacturer has given a voluntary promise that the goods will function properly for a certain period of time (manufacturer's guarantee), the manufacturer's guarantees apply. The conditions and limitations of the respective manufacturer's guarantees can be found in the respective guarantee provisions.
13. Liability
As far as the customer is a consumer, the general statutory liability provisions apply. Liability for slight negligence in the event of property damage is excluded. Claims for damages become statute-barred within 3 years from knowledge of the damage and the damaging party.
If the customer is not a consumer, GAINSANDROSES is not liable for a certain success and in any case only for grossly culpable breaches of duty and at most up to the average value of the goods ordered by the customer. Liability for slight negligence is excluded. In addition, GAINSANDROSES is only liable for typical and foreseeable damage, ie for those which could reasonably be expected to occur when the contract was concluded based on the circumstances known at the time. Claims from consequential (defective) damage as well as from damage for which the customer can obtain insurance protection or which can be controlled by the customer, from other indirect damage and losses or lost profit as well as general financial damage, in particular from defective, non-existent or late provision of services, are expressly excluded . The claims for damages to which the customer, who is not a consumer, is entitled in accordance with the above provisions, expire within six months from knowledge of the damage and the party causing the damage; the compensation according to the product liability law is based on the statutory statute of limitations. Liability for recourse within the meaning of § 12 PHG is excluded, unless the person entitled to recourse can prove that the error was caused by GAINSANDROSES and was at least grossly negligent.
14. Safety and usage information
The goods delivered by GAINSANDROSES are to be handled and operated according to the operating instructions; Any handling or operation of the delivered goods contrary to the operating instructions is solely the responsibility of the customer.
15. Force majeure
If the customer is not a consumer, Force Majeure or other unforeseen obstacles in the sphere of GAINSANDROSES releases them from compliance with the agreed obligations. In particular, operational and traffic disruptions, improper provision of services by sub-suppliers, transport interruptions or production stoppages also count as force majeure; GAINSANDROSES is released from the obligation to provide services for the duration of the aforementioned hindrance, without the customer being entitled to a price reduction or other compensation.
16. Severability Clause
Insofar as the customer is not a consumer, the invalidity of a provision of these terms and conditions allows all other provisions to be upheld. The void provision is to be replaced by an economically equivalent or similar but permissible provision.
