General Terms and Conditions for the Online Shop DomQuartier Salzburg GmbH
Postfach 527
5010 Salzburg
Österreich
Tel.: +43 662 8042 2109
E-Mail: office@domquartier.at
VAT: AT U66911167
1 Validity:
1.1 The following terms and conditions apply to all contracts that you conclude with us via our DomQuartier Salzburg GmbH online shop. You can only purchase products from our online shop subject to the following terms and conditions.
1.2 Terms and conditions that conflict with or deviate from these terms and conditions shall only apply if they are expressly recognised in writing and confirmed by the company. Verbal collateral agreements shall not be valid. Any waiver of the written form requirement must also be made in writing. The written form requirement shall be deemed to be fulfilled by e-mails if the other contracting party has confirmed receipt thereof.
1.3 Insofar as contracts are concluded with consumers within the meaning of the Austrian Consumer Protection Act (öKSchG), any mandatory provisions of this Act shall take precedence over the following terms and conditions if they conflict with them.
2 Conclusion of contract:
2.1 The subject of the contracts concluded via the website www.domquartier.at is the purchase and sale of goods. Our product presentations in the online shop are subject to change, non-binding and only available while stocks last. They do not constitute a binding offer to conclude a contract.
2.2 You can initially place the goods intended for purchase in the ‘shopping basket’ and make changes to them at any time after calling them up there. After accessing the ‘Checkout’ page and entering your personal data as well as selecting the payment and shipping conditions, all order data will be displayed again on the order overview page. Before submitting the order, you have the option of checking all details again, changing them or cancelling the purchase.
2.3 After entering your personal data, you submit a binding offer to us by sending the order (by clicking on the button ‘order with obligation to pay’). You will first receive an automatic e-mail confirming receipt of your order. The contract only comes into effect after written acceptance or when we carry out the delivery or service.
Note: The confirmation of your order does not constitute acceptance but is for your information only! We are not obliged to accept your offer. If we do not accept the offer, we will inform you of this (e.g. by email).
2.4 The acceptance of the offer (and thus the conclusion of the contract) takes place within two days by confirmation in text form (e.g. e-mail), in which the execution of the order is confirmed to you (order confirmation). This also applies if you have already paid or instructed payment of the purchase price prior to conclusion of the contract based on the payment method you have selected. If in this case we are exceptionally unable to accept your order due to lack of availability of goods or if the contract does not materialise for other reasons, we will of course refund the advance payment immediately.
2.5 The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
3 Prices and terms of payment:
3.1 All prices quoted are total prices. They are in euros and include 5% VAT. The prices stated at the time of ordering shall apply.
3.2 The shipping costs incurred are not included in the price of the goods. They can be called up via a correspondingly labelled button on our website, are shown separately during the ordering process and are to be borne by you in addition, unless delivery free of shipping costs is promised.
3.3 The payment methods available to you are shown under a correspondingly labelled button on our website or in the respective item description. We reserve the right not to make individual payment methods available in individual cases or to refer to other payment methods. With Sofortüberweisung, you pay in advance by bank transfer immediately after placing the order. With Paypal, you pay directly via your Paypal account. After submitting your order, you will be redirected to PayPal and authorise the invoice amount there. Payment is made immediately via the payment method selected with PayPal. Your credit card will be debited immediately after placing the order.
3.4 Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
3.5 Unless otherwise agreed, fees are due for payment immediately. If you fail to meet payment deadlines, interest on arrears of 12% p.a. will be charged in addition to the purchase price. You are not entitled to set off claims that are not recognised or have not been legally established against our claims. Should we incur expenses or costs as a result of reminders and appropriate legal action, you are obliged to reimburse these to the statutory extent.
4. Lieferung und Versand:
4.1. Wir liefern/versenden Ihre Bestellung an weltweit befindliche Lieferadressen.
4.2. Von Ihnen zu tragende Liefer-/Versandkosten sind über eine entsprechend bezeichnete Schaltfläche auf unserer Website abrufbar und werden im Laufe des Bestellvorganges gesondert ausgewiesen. Die Versandkosten werden individuell nach Gewicht berechnet.
4.3. Sollten im Zuge des Versandes Export- oder Importabgaben fällig werden, sind diese von Ihnen zu tragen.
4.4. Der Lieferzeitraum sowie gegebenenfalls bestehende Lieferbeschränkungen finden sich unter einer entsprechend bezeichneten Schaltfläche auf unserer Website und/oder bei der jeweiligen Artikelbeschreibung. Die Auslieferung der Ware erfolgt grundsätzlich erst nach Eingang des Rechnungsbetrages auf unserem Konto.
4.5. Änderungen unseres Leistungsangebots können auch kurzfristig erfolgen. Sind die von Ihnen bestellten Waren nicht oder nicht sofort lieferbar, werden wir Sie darüber unverzüglich informieren. Sind nicht alle von Ihnen bestellten Waren sofort lieferbar, werden wir die sofort lieferbaren Waren umgehend liefern. Die nicht sofort lieferbaren Waren werden – sobald diese verfügbar sind – nachgeliefert.
4 Delivery and dispatch:
4.1 We deliver/ship your order to delivery addresses worldwide.
4.2 Delivery/shipping costs to be borne by you can be called up via a correspondingly labelled button on our website and are shown separately during the ordering process. The shipping costs are calculated individually according to weight.
4.3 Should export or import duties become due in the course of dispatch, these shall be borne by you.
4.4 The delivery period and any existing delivery restrictions can be found under a correspondingly labelled button on our website and/or in the respective item description. The goods shall only be delivered after receipt of the invoice amount in our account.
4.5 Changes to our range of services can also be made at short notice. If the goods you have ordered are not or not immediately available, we will inform you immediately. If not all of the goods you have ordered are immediately available, we will deliver the goods that are immediately available without delay. Goods that are not immediately available will be delivered as soon as they become available.
4.6 In the case of a consumer transaction, the risk of accidental loss and accidental deterioration of the goods sold during dispatch shall not pass to you until the goods have been handed over to you. This does not apply if you have independently commissioned a transport company not named by us or another person designated to carry out the shipment. In this case and in the case of contracts with entrepreneurs, delivery and despatch shall be at your risk.
4.7 Any transport damage must be reported to us immediately after receipt of the goods, in any case within three days.
4.8 If you refuse to accept the delivery or are in default of acceptance, we reserve the right to insist on acceptance and to demand reasonable compensation for the costs incurred. In order to be able to accept the goods, you may have to prove your identity by presenting a valid official photo ID.
5 Delivery times:
5.1 The delivery period and any existing delivery restrictions can be found under a correspondingly labelled button on our website and/or in the respective item description. The goods will only be delivered after receipt of the invoice amount in our account.
5.2 Our delivery times are 2 to 3 working days for deliveries within Austria and 5 to 7 working days for deliveries to other EU member states. Delivery times to all other countries can take up to 3 weeks.
6 Retention of title:
6.1 All delivered goods remain our property until full payment has been received. The assertion of the retention of title shall only constitute a cancellation of the contract if this is expressly declared.
6.2 A gift, loan, pledge or transfer of ownership by way of security is not permitted prior to the transfer of ownership of the reserved goods.
6.3 A resale is only permissible if we have been notified of this in good time in advance, stating the name or company name and the exact (business) address of the buyer, and we agree to the sale. In the event of our consent, the purchase price claim shall already now be deemed assigned to us and we shall be authorised at any time to notify the third-party debtor of this assignment and to collect the claim ourselves.
7 Warranty:
7.1 The statutory warranty regulations shall apply. In the event of identified defects, we shall remedy the defects exclusively by replacing the defective goods.
7.2 If you are an entrepreneur, you are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us in writing of obvious defects within 7 days of receipt of the goods; timely dispatch is sufficient to meet the deadline. The assertion of warranty claims shall be excluded in the event of a breach of the obligation to inspect and give notice of defects.
8 Compensation for damages:
8.1 Our liability for claims for damages is excluded in cases of slight negligence. This does not apply to personal injury.
8.2 If you are an entrepreneur, our liability for gross negligence is also excluded. In this case, you shall bear the burden of proof for the existence of fault. Consequential damage, immaterial damage or indirect damage as well as lost profits shall not be compensated. The damage to be compensated shall in any case be limited to the amount of the legitimate interest. The limitation period for claims for damages is six months from knowledge of the damage and the damaging party.
8.3 According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, we are not liable for the constant or uninterrupted availability of the website and the services offered there.
9 Right of cancellation/cancellation:
9.1 If you are a consumer, you may withdraw from your contract within 14 calendar days of delivery without giving reasons. The postmark is decisive for compliance with the deadline.
9.2 You must bear the costs of returning the goods yourself, unless we deliver defective goods.
9.3 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 for checking their condition, properties and functionality.
9.4 We will refund any amounts already paid. For this refund, we will use the same means of payment that you used for the original transaction, unless otherwise agreed with you.
9.5 We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
9.6 The instructions on the right of cancellation, the cancellation form and the instructions on any waiver of the right of cancellation are available via a correspondingly designated button on our website and are referred to separately during the ordering process.
10 Choice of law, contract language, place of fulfilment, place of jurisdiction:
10.1 Unless mandatory law provides otherwise, Austrian law shall apply to our contracts. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws rules is expressly excluded.
10.2 The language of contracts, orders and complaints is German and English. The content of the contract, all other information, customer service and complaints are offered in German and English throughout.
10.3 Unless otherwise agreed, the place of fulfilment for deliveries and services shall be the registered office of our company.
10.4 With the exception of consumer transactions, for which the statutory places of jurisdiction apply, the competent court at the registered office of our company in Salzburg shall have exclusive jurisdiction for any disputes.
11. data protection:
We are subject to the provisions of the Austrian Data Protection Act. Your personal data will be stored and processed exclusively for contract processing (processing of payment transactions, accounting, etc.) and for the fulfilment of legal requirements.
12. severability clause:
Should any provision of these GTC be invalid in whole or in part or become invalid due to statutory provisions, the remaining provisions of these GTC shall remain in full force and effect. The contracting parties undertake to replace the invalid provision with a valid provision that comes as close as possible in economic terms to the invalid provision.
