Table of Contents
- 1. Scope
- 2. Conclusion of contract
- 3. Right of withdrawal
- 4. Prices and terms of payment
- 5. Delivery and shipping conditions
- 6. Retention of title
- 7. Warranty
- 8. Liability
- 9. Applicable Law
- 10. Information on online dispute resolution
1.1 These general terms and conditions (hereinafter “GTC”) ofPopp & Kretschmer Modehandels GmbH, 1010 Wien, Kärntnerstraße 51 (hereinafter “seller”) apply to all contracts that a consumer or entrepreneur (hereinafter “customer”) concludes with the seller with regard to the goods and / or services presented by the seller in his online shop. The inclusion of the customer’s own conditions is hereby rejected, unless otherwise agreed.
1.2 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership for whom the business is part of the operation of their company, whereby a company is defined as “any permanently organized, independent economic activity”. Legal persons under public law are always considered entrepreneurs.
2) Conclusion of contract
2.1 The product descriptions contained in the seller’s online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated in the seller’s online shop. After placing the selected goods and / or services in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer for the goods and / or services contained in the shopping cart by clicking the button that concludes the ordering process .
2.3 The seller can accept the customer’s offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the customer’s receipt of the order confirmation is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by asking the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. If the seller does not accept the customer’s offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.4 The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer.
2.5 When submitting an offer via the seller’s online order form, the contract text is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after submitting his order along with the present terms and conditions. The contract text can also be called up by the customer via his customer account after sending his order.
2.6 When submitting an offer via the seller’s online order form, the contract text is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after submitting his order along with the present terms and conditions. In addition, the text of the contract is archived on the seller’s website and can be accessed free of charge by the customer via his password-protected customer account by entering the corresponding login data, provided that the customer has created a customer account in the seller’s online shop before sending his order.
2.7The German and English languages are available for the conclusion of the contract.
2.8 Order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct so that the e-mails sent by the seller can be received at this address.n. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
3) right of withdrawal
3.1 Consumers with their place of residence / habitual abode in the EU have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller’s instructions on withdrawal.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller’s product description, the prices given are total prices that include statutory sales tax. Any additional delivery and shipping costs that may be incurred are specified separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may arise for which the seller is not responsible and which are to be borne by the customer. These include, for example, the costs of transferring money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 Various payment options are available to the customer, which are specified in the seller’s online shop.
4.4 If prepayment has been agreed, payment is due immediately after the conclusion of the contract.
4.5 Die Produktpreise können Veränderungen unterliegen. Check the final price before placing the order.
5) Delivery and shipping conditions
5.1 The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller’s order processing is decisive.
5.2 If the transport company sends the goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the offered service, unless the seller gave him the opportunity had announced the service a reasonable time in advance.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold is transferred to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold is generally only transferred when the goods are handed over to the customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold, even with consumers, is already transferred to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment, if the The customer has commissioned the freight forwarder, the carrier or the person or institution otherwise appointed to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.4 In the case of self-collection, the seller first informs the customer by email that the goods he has ordered are ready for collection. After receiving this e-mail, the customer can pick up the goods at the seller’s headquarters after consultation with the seller. In this case, no shipping costs will be charged.
6) Retention of title
6.1 In relation to consumers, the seller retains ownership of the delivered goods until the purchase price owed has been paid in full.
6.2 In relation to entrepreneurs, the seller reserves ownership of the delivered goods until all claims from an ongoing business relationship have been paid in full.
6.3 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all claims against third parties arising from this to the seller in advance in the amount of the respective invoice value (including sales tax). This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The right of the seller to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the customer meets his payment obligations to the seller, does not fall into arrears and no application has been made to open insolvency proceedings.
The products are clearly shown on the website and correspond to reality. However, the seller is not in a position to guarantee that the images and colors that the customer sees on his screen exactly match reality, especially with regard to color and material properties. This can be influenced by the browser and monitor used.
If the purchased item is defective, the provisions of the statutory warranty apply. Deviating from this, the following applies:
7.1 For entrepreneurs
- an insignificant defect does not justify any warranty claims;
- the seller has the choice of how to remedy the defect;
- For new goods, the limitation period for defects is one year from the transfer of risk;
- In the case of used goods, the rights and claims due to defects are fundamentally excluded;
- the limitation period does not start again if a replacement delivery is made within the scope of the warranty.
7.2 The limitations of liability and reduction of the limitation period regulated above do not apply
- for damage resulting from injury to life, limb or health based on an intentional or negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative or vicarious agent of the seller,
- for other damages based on an intentional or grossly negligent breach of duty by the seller or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the user, as well as
- in the event that the seller has fraudulently concealed the defect.
Furthermore, the obligation to give notice of defects according to § 377 UGB applies to entrepreneurs, otherwise they can no longer assert claims for warranty, for compensation for the defect itself or for an error regarding the defect-free item.
7.3 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
In any case, the seller is free not to take back products without an intact security label or products that have been changed in appearance, washed, used or damaged and that are returned.
The seller is liable to the customer for all contractual, contractual and legal, including tortious claims for damages and expenses as follows:
8.1 The seller is fully liable for any legal reason
- in case of intent or gross negligence,
- in the event of willful or negligent harm to life, body or health.
8.2 If the seller negligently breaches an essential contractual obligation, the liability is limited to the contract-typical, foreseeable damage, unless there is unlimited liability in accordance with the preceding paragraph. Essential contractual obligations are obligations that the contract imposes on the seller according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on which the customer can regularly rely.
8.3 Incidentally, a liability of the seller is excluded.
8.4 The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
9) Applicable law / place of jurisdiction
9.1 The law of the Republic of Austria applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
9.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole residence, habitual residence and delivery address are outside the European Union at the time the contract is concluded.
9.3 If the customer is an entrepreneur within the meaning of section 1.2, the place of the seller’s place of business is agreed as the exclusive place of jurisdiction. For customers who are consumers, the following applies: Both for actions brought by the entrepreneur against the consumer and for actions by the consumer against the entrepreneur, the place of jurisdiction is the consumer’s place of residence if the consumer is resident in the EU but not in Austria. If the consumer has his domicile or habitual residence in Austria, he can only be sued at the court in whose district the domicile or habitual residence is located; In this case, the entrepreneur can only be sued by the customer at his place of business, unless another place of jurisdiction is legally given.
10) Information on online dispute resolution
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.