§ 1 Scope of application and provider

§ 2 Conclusion of contract

1. The presentation of goods in the online store does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online store.
2. By clicking on the “Order now with obligation to pay” button, you submit a binding purchase offer (§ 145 BGB).
3. After receipt of the purchase offer, you will receive an automatically generated e-mail confirming that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute acceptance of your purchase offer. The confirmation of receipt does not yet constitute a contract.
4. A purchase contract for the goods is only concluded when we expressly declare our acceptance of the purchase offer or when we send the goods to you – without prior express declaration of acceptance.

§ 3 Prices

The prices stated on the product pages include statutory VAT and other price components and do not include the respective shipping costs.

§ 4 Terms of payment; default

1. Payment can be made as desired: Invoice in advance, cash on delivery, credit card, Paypal or direct debit.
2. If you choose to pay in advance, we will provide you with our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days of receipt of the order confirmation.
3. When paying by credit card, the purchase price is reserved on your credit card at the time of ordering (“authorization”). Your credit card account will actually be debited at the time we dispatch the goods to you.
4. In the case of payment by direct debit, you may have to bear any costs incurred as a result of a chargeback of a payment transaction due to insufficient funds in your account or due to incorrect bank account details provided by you.
5. If you are in arrears with a payment, you are obliged to pay the statutory default interest of 5 percentage points above the prime rate. You will be charged a reminder fee of EUR 2.50 for each reminder sent to you after the default has occurred, unless lower or higher damages are proven in individual cases.

§ 5 Offsetting/right of retention

1. You are only entitled to a right of set-off if your counterclaim has been legally established, is not disputed or recognized by us or is in a close synallagmatic relationship to our claim.
2. You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.

§ 6 Delivery; Retention of title

1. Unless otherwise agreed, the goods shall be delivered from our warehouse to the address specified by you.
2. The goods shall remain our property until the purchase price has been paid in full.
3. If you are an entrepreneur within the meaning of § 14 BGB, the following shall apply in addition:
   • We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted.
   • You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale. We accept the assignment, but you are authorized to collect the claims. If you do not properly meet your payment obligations, we reserve the right to collect claims ourselves.
   • If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
   • We undertake to release the securities to which we are entitled on request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. We shall be responsible for selecting the securities to be released.

Cancellation policy

In the event that you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. you are making the purchase for purposes that cannot be attributed primarily to your commercial or independent professional activity, you have a right of withdrawal in accordance with the following provisions.

You shall bear the direct costs of returning the goods.

You shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Sample withdrawal form

If you wish to cancel the contract, please complete this form and return it to us.

To company:
Address:
E-mail:
Fax:

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*):

Ordered on (*)/received on (*)

Name of the consumer(s):
Address of the consumer(s):

Signature of the consumer(s) (only in the case of notification on paper)

Date (*)

Delete as applicable.

End of the withdrawal policy

1. The right of withdrawal does not apply to the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. T-shirts with your photo and your name), to the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery or to the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.
2. Please avoid damage and contamination. If possible, please return the goods to us in their original packaging with all accessories and packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage in order to avoid claims for compensation due to damage caused by defective packaging.
3. Please call us at before returning the goods to notify us of the return. This will enable us to allocate the products as quickly as possible.
4. Please note that the modalities mentioned in the above paragraphs 2 and 3 are not a prerequisite for the effective exercise of the right of withdrawal.

§ 8 Transport damage

1. If goods are delivered with obvious transport damage, please complain about such defects immediately to the deliverer and contact us as soon as possible.
2. Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, you will help us to assert our own claims against the carrier or the transport insurance company

§ 9 Warranty

1. Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of sales law (§§ 433 ff. BGB).
2. If you are a consumer within the meaning of § 13 BGB, the limitation period for warranty claims for used goods is one year, in deviation from the statutory provisions. This limitation does not apply to claims for damages resulting from injury to life, body or health or from the breach of an essential contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation) as well as for claims for other damages based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
3. In all other respects, the statutory provisions shall apply to the warranty.
4. If you are an entrepreneur within the meaning of § 14 BGB, the statutory provisions shall apply with the following modifications:
   • Only our own information and the manufacturer’s product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer.
   • You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This shall also apply to hidden defects discovered at a later date. The assertion of warranty claims is excluded in the event of a breach of the obligation to inspect and give notice of defects.
   • In the event of defects, we shall provide warranty at our discretion by repair or replacement (subsequent performance). In the event of rectification, we shall not be required to bear the increased costs incurred by the transportation of the goods to a location other than the place of performance, provided that the transportation does not correspond to the intended use of the goods.
   • If the subsequent performance fails twice, you may, at your discretion, demand a reduction in price or withdraw from the contract.
   • The warranty period is one year from delivery of the goods.

§ 10 Liability

1. Unlimited liability: We are liable without limitation for intent and gross negligence as well as in accordance with the German Product Liability Act. We shall be liable for slight negligence in the event of injury to life, limb and health of persons.
2. Otherwise, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favor of our vicarious agents.

§ 11 Final provisions

1. Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
2. Austrian law shall apply exclusively to contracts between us and you, to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention”).
3. If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and you shall be Austria.