General Terms and Conditions of Business
Terms and Conditions - General Terms and Conditions - Juwelier Homm
1. Scope of application 1.1. Operator information Juwelier Homm, Inh. Peter Homm, Freiheitsplatz 1, 2340 Mödling Austria
Telephone: +43 2236 415 53 Fax: +43 2236 233 40 E-Mail: firstname.lastname@example.org
VAT number: ATU19267308
1.2. These general terms and conditions regulate the sale of products by Juwelier Homm, Inh. Peter Homm (hereinafter: the "seller") to its contractual partners (hereinafter: the "buyer"). They apply to all sales contracts that the seller concludes with the buyer.
1.3. By placing an order, the buyer declares that he agrees to these terms and conditions. The application of general terms and conditions or other contractual conditions of the buyer is excluded.
2. Conclusion of the contract
2.1. The content of the seller's website is not an offer, but a non-binding invitation to the buyer to order goods.
2.2. If the buyer sends an order using instruments of distance selling, e.g. by clicking the "Buy" button on the seller's website, by e-mail, telephone, fax or other communication channels, he is making a binding offer to conclude a contract with the seller from. The seller confirms by email that they have received the order. This confirmation is not an acceptance of the offer, it is for informational purposes only.
2.3. A purchase contract is concluded when the seller accepts the buyer's offer in writing or sends the ordered goods to the buyer. No sales contract is concluded for products from the same order that the seller does not send.
2.4. With the payment method "prepayment", the purchase contract is concluded when the seller asks the buyer to pay after placing the order.
2.5. If the seller cannot accept the buyer's offer, he will inform the buyer immediately. Payments already made by the buyer will be refunded.
2.6. The contract data is saved for invoicing and can be viewed by the buyer at any time via login.
3. Revocation / withdrawal from contracts with consumers
3.1. The withdrawal period is:
a. in the case of a sales contract, fourteen days from the day on which the buyer or a third party named by him, who is not the carrier, has or has taken possession of the goods.
b. . in the case of a contract for several goods which the consumer has ordered as part of a single order and which are delivered separately fourteen days from the day on which the buyer or a third party named by him, who is not the carrier, the last goods in Have or has taken possession.
c. in the case of a contract for the delivery of goods in several partial shipments or pieces, fourteen days from the day on which the buyer or a third party named by him, who is not the carrier, has taken possession of the last partial shipment or the last piece. Has. 3.2. In order to exercise the right of cancellation, the buyer has to inform the seller of his decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post, fax or email). For this purpose, the buyer can use the model cancellation form that can be found in the appendix and can be used by "copy and paste", although this is not mandatory.
3.3. In order to meet the cancellation deadline, it is sufficient for the buyer to send the notification of the exercise of the right of cancellation before the cancellation period has expired.
3.4. Consequences of the withdrawal:
The seller must reimburse the buyer for all payments made including delivery costs immediately, at the latest within 14 days of receipt of the declaration of withdrawal. However, if the customer has chosen a different standard delivery than the cheapest standard delivery offered by the seller (e.g. express delivery), the customer has to bear the associated additional costs himself. The seller must use the same means of payment for the repayment that the buyer used, unless a different means of payment was expressly agreed with the buyer - with no associated costs. The seller can refuse the repayment until he has received the goods back or the customer has provided him with proof of the return.
The buyer must return the goods received to the entrepreneur immediately, but no later than 14 days after submitting the declaration of withdrawal (timely dispatch is sufficient), unless the seller has offered to collect the goods himself. The costs of the return are to be borne by the customer, unless the seller has not informed the customer about this or has agreed to assume the costs. The seller does not agree to do this. The customer only has to compensate for a loss in value of the goods if he has been informed by the seller of his right of withdrawal and the loss in value is due to handling that is not necessary to check the quality, properties and functionality of the goods. The unpacking of the goods and a test run do not constitute a loss of value. The seller cannot demand a usage fee.
3.5. If the buyer is an entrepreneur, a revocation is completely excluded.
3.6. The buyer has no right to withdraw from contracts
a. Goods that are made according to buyer's specifications or that are clearly tailored to personal needs,
b. Goods that are delivered sealed and are not suitable for return for reasons of health or hygiene, provided that the seal has been removed after delivery,
4. Prices, payment
4.1. All prices include the applicable sales tax, but not shipping costs, any customs duties or other additional costs.
4.2. If an ordered product was displayed with an incorrect price on the seller's website and the actual price is higher than the price on the website, the seller will give the buyer the opportunity to explain whether he is buying the ordered product at the correct price or whether he is taking out one Wants to refrain from the purchase contract. If the correct price of a commodity is lower than the one erroneously stated, the purchase contract is concluded at the correct price.
4.3. The seller only accepts the payment modalities offered to the buyer during the ordering process. If the seller has a valid email address for the buyer, the seller can send the invoice by email.
4.4. The purchase price and any shipping costs incurred are due when the invoice is issued. When paying by credit card, the charge will be made on the day of invoicing.
4.5. Invoices, guarantee certificates and certificates for products are enclosed with the package in printed form when they are shipped.
4.6. The buyer is only entitled to offset if and to the extent that his counterclaims are legally related to his liability, have been legally established or have been recognized by the seller. This applies to buyers who are consumers in accordance with the KSchG. The exercise of a right of retention by the buyer who is not a consumer is excluded.
4.7. If the seller has not received any payment on his account within 14 days of receiving the buyer's order, the order will be automatically canceled.
4.8. In the event of default, the buyer undertakes to reimburse the seller for the reminder, collection and legal costs incurred for appropriate legal prosecution. The amount of the default interest is based on entrepreneurs according to § 456 UGB and is currently 9.2 percentage points above the base rate, compared to consumers 4%. pa
5. Retention of Title
All goods remain the property of the seller until they have been paid for in full.
6.1. Unless otherwise agreed, delivery will be made to the delivery address specified by the buyer. Information on the availability, shipping or delivery of a product is not binding. Dispatch or delivery dates are therefore not considered as promised by the seller.
6.2. Unless otherwise agreed, the dispatch takes place within 2 - 4 working days, whereby, however, there is no binding commitment on the part of the seller. The delivery time depends on the selected shipping service provider and the distance to the shipping location and cannot be influenced by the seller.
6.3. If delivery is not possible because the recipient cannot be found at the delivery address specified by him and a deposit is impossible or impractical, although the delivery time has been announced with a reasonable period of time, the buyer bears the costs of the unsuccessful delivery.
6.4. The seller is entitled to partial deliveries and partial invoices if these are reasonable for the buyer. The seller bears the resulting additional shipping costs. In the event of delivery delays, the buyer will be informed immediately.
6.5. When the goods are dispatched, the risk of loss or damage to the goods is only transferred to the consumer as soon as the goods are delivered to the consumer or to a third party designated by the consumer other than the carrier. However, if the consumer himself has concluded the contract of carriage without using one of the options suggested by us, the risk is transferred to the carrier as soon as the goods are handed over.
7. Warranty and Compensation
7.1. The guarantee takes place according to the legal. Regulations (2 years from receipt of goods). If an exchange or an improvement is not possible (not possible, too much effort, unreasonable, delayed deadline), the buyer has the right to a price reduction or, if the defect is not minor, the contract can be canceled (conversion). Compensation for (defect) consequential damage, as well as other material damage, financial damage and damage to third parties against the buyer, unless it is a consumer transaction, is excluded.
7.2. If the delivered goods are defective, the seller is obliged to either improve or replace them, as he chooses. The buyer can only demand a price reduction or conversion if improvement or exchange is impossible or if the seller violates his obligation to improve or exchange. The seller can refuse improvement and replacement if this would involve disproportionate effort. In the case of minor defects, conversion is excluded.
7.3. Claims for damages only exist if the damage is due to gross negligence or intent on the part of the seller. This applies to buyers who are consumers in accordance with the KSchG. Compensation for consequential damage or lost profit is excluded. The limitation of liability does not apply to personal injury.
7.4. The dealer recourse according to § 933 b ABGB is excluded.
7.5. Goods that have been replaced by an exchange must be returned by the buyer within 30 days. If the buyer is not a consumer, he has to bear the costs of the return himself.
7.6. If the buyer is not a consumer, he must inspect the goods immediately and notify the seller of any defects within 7 days. If he fails to notify us, he may lose existing claims from warranty, compensation and error.
8. Data protection
8.1. When using and processing the buyer's data, the seller complies with the provisions of the Data Protection Act. The data necessary for the transaction (name, address, date of birth, credit card or account number, telephone number of the buyer) are stored and passed on to any service providers to the extent necessary for the order processing.
8.2. Buyer data will not be passed on to third parties, unless it is necessary to fulfill the contract. (Partner companies also adhere to the Data Protection Act).
9. Changes to the terms and conditions
The seller reserves the right to change the general terms and conditions due to changes in the law, supreme court rulings, technical innovations in the software used for the web shop or market conditions.
The sale always takes place in accordance with the general terms and conditions shown on the seller's website.
10. Applicable law, place of jurisdiction, miscellaneous
10.1. Unless mandatory provisions stipulate a different place of jurisdiction, the parties agree to settle disputes resulting from their contractual relationships before the court that is factually and locally responsible for the registered office of the seller.
10.2. Austrian law applies to the exclusion of reference norms. The UN sales law does not apply.
10.3. The seller's offer is expressly aimed at the Austrian consumer. Austrian law applies to buyers from any other countries supplied. 10.4. Contract, order and business language is German
10.5. Payment must be made in euros.
10.6. The contractual partners agree to apply Austrian law. If the consumer has his domicile or his habitual abode in Germany or if he is employed in Germany, only the jurisdiction of the court in whose district the domicile, habitual abode or place of employment is located can be justified for an action against him. This does not apply to legal disputes that have already arisen.
10.7. Should individual provisions of these general terms and conditions prove to be ineffective or unenforceable, this shall not affect the validity of the remaining provisions. In such a case, the parties undertake to replace the invalid or ineffective provision with a new one that corresponds to the same purpose, and also agree on its applicability for the time before its creation.