AGB
General Terms and Conditions for Consumers (GTC) and Consumer Information
These general terms and conditions of business (hereinafter referred to as "GTC") form the exclusive basis for all transactions between the
Doris Ankershofen KG,
Nussdorferstrasse 6/10, A-1090 Vienna, Austria,
Management: Mrs. Christa Dorothea Ankershofen
FN: 245696v
Nussdorferstrasse 6/10, A-1090 Vienna, Austria,
Management: Mrs. Christa Dorothea Ankershofen
FN: 245696v
(hereinafter referred to as "Provider")
and their non-commercial customers (see point 1.1) via the online shop of the provider at www.alippa.com as well as by e-mail or other means of remote communication.
Among other things, the general terms and conditions also serve to fulfil legal obligations to inform and advise consumers. All consumer information will be communicated to the customer with the GTC in text form (e.g. letter, fax, e-mail) after the order. Furthermore, the customer can print out or save the GTC free of charge. To do so, please mark the text and save it on your computer or print it out. The provider refers to the data protection information and the corresponding data protection declaration.
1. general
1.1 Customers within the meaning of these General Terms and Conditions are exclusively consumers. A consumer within the meaning of § 1 para. 1 Z1,2 KSchG is a person who conducts a business that is not part of the operation of his company.
1.2 The general terms and conditions apply in the version valid at the time of the order.
2. conclusion of contract
2.1 The supplier and contractual partner for all orders is Doris Ankershofen KG, Nussdorferstarsse 6/10, 1090 Vienna, Austria, Managing Director: Ms. Christa Ankershofen, FN 245696v.
2.2 The presentation of the goods in the online shop does not contain a binding offer of the supplier. It is a request to the customer to submit a binding offer to the provider.
2.3 Each order of the customer represents a binding offer to conclude a sales contract for the ordered goods. By clicking the button "Buy" at the end of the ordering process in the online shop, the customer makes such an offer to purchase the goods contained in the shopping cart. Until clicking this button, the customer can change his order and the data provided for his order at any time. In doing so, the customer also acknowledges these terms and conditions as solely authoritative for the legal relationship with the provider.
2.4 The provider will confirm receipt of the customer's order in text form (e-mail) and inform the customer about the contractual details. This confirmation of receipt does not represent a binding acceptance of the order but serves only to inform the customer that the provider has received the customer's offer.
2.5 The purchase contract is only concluded when the provider sends the customer an explicit order confirmation within five working days after the order or sends the ordered goods to the customer.
2.6 The order data is stored by the provider. As explained in section 2.4, the customer receives all relevant data of his order in text form, e.g. in the form of an e-mail, which can be printed and/or saved.
3. prices and terms of payment
3.1 All price quotations in the online shop of the provider are final prices and include all price components including applicable taxes (e.g. 20% VAT).
3.2 In the case of shipping, delivery and shipping costs are also incurred, see point 4.
3.3 The customer can pay by advance payment, credit card (VISA, MasterCard) and PayPal. The invoice will be transmitted digitally.
3.4 In the case of bank transfers from abroad, the customer must bear the expenses himself.
The ordered products will only be delivered after receipt of full payment.
The ordered products will only be delivered after receipt of full payment.
In case of default of payment, the statutory default interest shall apply. The customer shall bear the appropriate costs incurred for the intervention of collection agencies and lawyers for the recovery of claims. In the event of default, the customer undertakes to reimburse the reminder and collection expenses incurred by the Provider, whereby the customer undertakes with regard to a collection agency to reimburse the remuneration resulting from the respective regulation of the BMfwA (Federal Minister for Economic Affairs) on the maximum rates of remuneration due to collection agencies.
A purchase on account, instalments or trial is not possible. The statutory right of withdrawal (see No. 6 below) remains unaffected.
A purchase on account, instalments or trial is not possible. The statutory right of withdrawal (see No. 6 below) remains unaffected.
4. shipping (costs), transfer of risk, reservation of title and availability
4.1 Delivery of the goods shall be made by shipping to the delivery address specified by the customer. All deliveries shall be made by the DPD parcel service as standard.
4.2 The shipping costs, which are displayed in the online shop when paying for the goods, are to be borne by the customer. The flat rate for postage and packaging for insured delivery is as follows within Austria and Germany €6.95, within the EU €16.95, to rest of Europe €35.95 and to the rest of the world €49.95
If delivery to the customer is not possible for reasons for which the customer is responsible, because the customer cannot be found at the specified delivery address, the costs for the unsuccessful delivery shall be borne by the customer.
If delivery to the customer is not possible for reasons for which the customer is responsible, because the customer cannot be found at the specified delivery address, the costs for the unsuccessful delivery shall be borne by the customer.
4.3 The supplier will usually dispatch the purchased and paid goods within 24 hours, at the latest within five working days after receipt of payment.
4.4 The delivery of the goods is at the risk of the supplier. The risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon delivery to the customer; this shall also apply to mail-order purchases.
4.5 The goods remain the property of the supplier until full payment of the purchase price.
4.6 The online shop contains information on the availability of the products. The provider draws the customer's attention to the fact that all information regarding the availability, dispatch or delivery of a product are only approximate indications and approximate guidelines. They do not represent binding or guaranteed shipping or delivery dates. If the provider has to determine during the processing of the order that the product ordered by the customer is not available, the provider will inform the customer separately by e-mail. If the Supplier is not able to deliver a product ordered by the Customer through no fault of his own (for example, because a supplier has not fulfilled his obligations), the Supplier is entitled to withdraw from the contract (if such a contract has already been concluded).
4.7 For items shipped within the European Union, no additional taxes or customs duties will be charged. The prices and shipping costs include the statutory value added tax and are thus listed as gross prices.
Orders shipped outside the EU may be subject to import taxes and/or customs duties. These depend on the import regulations of the country of destination and are at the expense of the recipient. Please check with your local authorities for further information.
Please note that orders over $2,500 shipped to the United States require formal customs clearance. Our carrier may contact you to retrieve your tax number or a social security number to complete delivery to your door.
5. warranty
The warranty is provided in accordance with the statutory provisions. The provider initially reserves the right to rectify the defect free of charge for the customer. In the case of a defective delivery, the provider will pay the shipping costs of the uninsured shipment. Monetary compensation will only be paid in exceptional cases if the delivery was wrong by the provider and the goods cannot be replaced by an equivalent one.
The provider is not liable for manufacturer's warranties. The provider is also not liable for defects caused by incorrect handling or by external effects.
The supplier guarantees that the goods correspond to the descriptions received in the order. Some of the products from the supplier are finished by hand. Therefore, no two products are exactly alike, so that minor deviations in design, colour and size from the product images published in the online shop may occur, which are not yet a manufacturing defect, but are due to the individuality of the products. No guarantee and liability can be assumed for this.
6. revocation
The customer has the right to revoke this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day on which the customer or a third party named by you, who is not the carrier, has taken possession of the last goods.
In order to exercise the right of withdrawal, the customer must send the supplier to
Address
Einsiedeleigasse 22c
1130 Wien
Österreich
Email: [email protected]
inform us by means of a clear statement (e.g. a letter or e-mail sent by post) of the decision to revoke this contract.
In order to comply with the withdrawal period, it is sufficient to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If the Customer cancels the contract, the Supplier shall reimburse the Customer for all payments received from the Customer, including delivery costs (with the exception of the additional costs resulting from the fact that a different type of delivery was chosen than the cheapest standard delivery offered by the Supplier), without delay and at the latest within fourteen days from the day on which the Customer received notification of the cancellation of this contract.
The same means of payment shall be used for this repayment as was used for the original transaction, unless expressly agreed otherwise with the customer; in no case shall the customer be charged any fees for this repayment. The Supplier may refuse to refund until he has received the Goods back or until the Customer has provided proof that he has returned the Goods, whichever is the earlier.
The customer must return or hand over the goods to the supplier without delay and in any case within fourteen days at the latest from the day on which he informs the supplier of the revocation of this contract. The time limit shall be deemed to have been observed if the customer dispatches the goods before the expiry of the fourteen-day period. The customer shall bear the direct costs of returning the goods. The customer shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for the purpose of checking their condition, properties and functionality.
7. exclusion of liability
The provider is only liable for damages other than those resulting from injury to life, body and health if these damages are due to deliberate or grossly negligent action or culpable violation of a fundamental contractual obligation by the provider or its vicarious agents. Any further liability for damages is excluded. Claims from a guarantee given by the provider for the quality of the object of purchase and the product liability law remain unaffected by this.
8. data protection
All personal data provided by the customer of the provider are subject to the Austrian Data Protection Act.
The Provider undertakes not to transmit this data to third parties (for marketing, advertising or any other purposes); the Provider only uses the support of service providers to fulfil its contractual obligations towards the Customer (in particular delivery of the ordered products).
The customer agrees that the data provided electronically by him/her will be stored and electronically processed by the provider for the purpose of processing the contract. He also agrees to the use for direct advertising (newsletter) for similar products and services (own, from cooperation partners).
The provider is entitled to store and process data received from the customer for their business purposes.
The customer has the right to free information, correction, blocking and if necessary deletion of his stored data at any time. A corresponding wish of the customer can be communicated to info@alippa.com or can be made directly in the newsletter by a link.
The Provider undertakes not to transmit this data to third parties (for marketing, advertising or any other purposes); the Provider only uses the support of service providers to fulfil its contractual obligations towards the Customer (in particular delivery of the ordered products).
The customer agrees that the data provided electronically by him/her will be stored and electronically processed by the provider for the purpose of processing the contract. He also agrees to the use for direct advertising (newsletter) for similar products and services (own, from cooperation partners).
The provider is entitled to store and process data received from the customer for their business purposes.
The customer has the right to free information, correction, blocking and if necessary deletion of his stored data at any time. A corresponding wish of the customer can be communicated to info@alippa.com or can be made directly in the newsletter by a link.
9. website
The provider declares that he is responsible for the content of the website www.alippa.com and is not liable for any damages that may result from accessing the website www.alippa.com. The website www.alippa.com may contain cross-references to websites of other operators. The provider declares that it is not responsible for third-party content that can be accessed via such cross-references (links).
10. Place of performance
The place of performance is Vienna.
11. Offsetting, retention
The customer is only entitled to offsetting if its claims have been legally established by a court or recognized in writing by the provider.
The provider declares that he is responsible for the content of the website www.alippa.com and is not liable for any damages that may result from accessing the website www.alippa.com. The website www.alippa.com may contain cross-references to websites of other operators. The provider declares that it is not responsible for third-party content that can be accessed via such cross-references (links).
10. Place of performance
The place of performance is Vienna.
11. Offsetting, retention
The customer is only entitled to offsetting if its claims have been legally established by a court or recognized in writing by the provider.
12. final provisions
12.1 Austrian substantive law shall apply to the exclusion of UN sales law. The contractual language is German. The general place of jurisdiction is the court which is competent for Vienna Alsergrund.
12.2 If one or more provisions of these General Terms and Conditions are or become invalid or unenforceable, this shall not affect the validity of the remaining provisions of the General Terms and Conditions
13. Severability clause
If any provision of these General Terms and Conditions is or becomes invalid, the remainder of the contract/AGB shall remain valid. The invalid provision shall be modified or supplemented or replaced in such a way that the intended economic purpose is achieved as far as possible.
14. other
The supplier sells all products only in household quantities. This refers to the number of ordered products within the scope of one order as well as to the placing of several orders of the same product, where the individual orders comprise a household quantity. The rights and copyright of all data published on the website www.alippa.com (texts, images, graphics, etc.) belong to the provider. The use or publication of content from the website without the express written permission of the provider is not allowed.
13. Severability clause
If any provision of these General Terms and Conditions is or becomes invalid, the remainder of the contract/AGB shall remain valid. The invalid provision shall be modified or supplemented or replaced in such a way that the intended economic purpose is achieved as far as possible.
14. other
The supplier sells all products only in household quantities. This refers to the number of ordered products within the scope of one order as well as to the placing of several orders of the same product, where the individual orders comprise a household quantity. The rights and copyright of all data published on the website www.alippa.com (texts, images, graphics, etc.) belong to the provider. The use or publication of content from the website without the express written permission of the provider is not allowed.