GENERAL TERMS AND CONDITIONS FOR THE ONLINE SHOP
Seidl GmbH
Allgäustraße 5, 6912 Hörbranz
Seidl Group
Terms and conditions
| Sec. 1 | Period of validity and Supplier: |
|---|---|
| (1) | These General Terms and Conditions apply to all orders placed by the Buyer via the Online Shop of Seidl GmbH (Seidl Group). |
| (2) | The range of goods in the Online Shop is aimed exclusively at buyers who are 18 years and older. |
| (3) | Deliveries, services and offers shall be made exclusively on the basis of these General Terms and Conditions. The inclusion of a Customer’s general terms and conditions that contradict these terms and conditions is excluded. These shall not be valid. |
| (4) | The Buyer can access and print out the currently valid General Terms and Conditions on the website www.seidlgmbh.com. |
| Sec. 2 | Conclusion of contract: |
|---|---|
| (1) | The presentation of the goods in the Online Shop does not constitute a binding offer of contract. It is rather a non-binding invitation to order goods in the Online Shop. |
| (2) | By clicking the button (“Order now subject to payment” / “Buy”), the Buyer makes a binding offer. Just before placing this order, the Buyer can again check the order and correct it. |
| (3) | The contract is only concluded once the content is activated, a link is provided or the goods are dispatched. |
| Sec. 3 | Prices |
|---|
Prices are shown on the product page.
| Sec. 4 | Payment terms/default: |
|---|---|
| (1) | Payment can be made by credit card or invoice. |
| (2) | The choice of the respective payment methods is up to the Supplier. The Supplier reserves the right to offer only selected payment methods to the Buyer, for example, prepayment. |
| (3) | When paying by credit card, the purchase price at the time of the order is reserved on the credit card. The actual debit on the credit card is actioned when the goods are dispatched. |
| (4) | Should the Buyer default on a payment, they are obliged to pay the statutory interest on arrears in the amount of 4% (if the Buyer is a consumer under the Consumer Protection Act) or 9.2% above the basic interest rate p.a. Added to this will be reminder fees of EUR 10.00 per reminder. |
| Sec. 5 | Compensation/right of retention: |
|---|
The Buyer only has a right to compensation if the counterclaim has been established before a court, is not disputed or is acknowledged by the Supplier or is closely related to the claim. The Buyer can only exercise the right of retention if the counterclaim is based on the same contractual relationship.
| Sec. 6 | Shipment |
|---|---|
| (1) | Goods will be delivered within five working days after receipt of the order. If the goods cannot be delivered immediately, the Seidl Group will inform the Customer of an expected time of shipment. Shipment is made by the Seidl Group or by suppliers for the account and at the risk of the Customer. |
| (2) | Delivery of software shall be made via the provision of a link. This can be activated by the Buyer and starts the download to the selected storage medium. It is the responsibility of the Buyer to provide suitable software that enables the files and content to be properly opened, processed and printed. |
| Sec. 7 | Cancellation policy: |
|---|
If the Customer is a consumer within the meaning of the Consumer Protection Act, i.e. if the purchase cannot be assigned to either their commercial or self-employed professional activity, the Customer shall have the right of cancellation in accordance with the following provisions.
Right of cancellation
The Customer has the right to cancel this contract within fourteen days without providing reasons. The right to cancellation shall start on the day the Customer or
a third party named by them, who is not the carrier, has taken possession of the goods. The cancellation must be made to
Seidl GmbH
Arlbergstraße 103
A-6900 Bregenz
Mail: sales@seidlgroup.com
sales@seidlgroup.com.
In order to comply with the cancellation period, it is sufficient that the Customer send notification that they are exercising their right of cancellation before the end of the cancellation period. The attached form may be used.
Consequences of cancellation
In the event of cancellation, the Customer shall be refunded all payments they have made, including the shipping costs (with the exception of additional costs resulting from the Customer having selected a delivery method other than the standard delivery offered by the Supplier) without delay and within 14 days from the day on which the Supplier receives the cancellation notice. For this refund, the same means of payment used for the original transaction shall be used. In the event of cancellation, no fees are charged for the refund. The Supplier can refuse the refund if they have not yet received the goods or until the Customer has provided proof that the goods have been sent back. The goods must be sent back or handed over to the Supplier no later than 14 days from the day on which the cancellation is made. The deadline is met if the goods are dispatched before expiry of the period of 14 days. The Customer shall bear the costs of returning the goods.
Restriction of the cancellation policy
The cancellation policy does not apply to the shipment of goods that are not ready-made and for the manufacture of which an individual choice or a stipulation by the Customer is decisive or that are clearly tailored to the personal requirements of the consumer, or to audio or video recordings in a sealed package.
| Sec. 8 | Warranty |
|---|---|
| (1) | The warranty is based on the warranty claims of a consumer in accordance with the statutory provisions. If the Customer is an entrepreneur, the legal provisions apply with the following modifications: |
- Only the Supplier’s own information regarding the quality of the goods is binding, not public promotions, statements and other advertising by the Supplier.
- The Customer is obliged to immediately check the goods for deviations in quality and quantity and to report any defects within seven days of receipt of the goods. Timely notice is sufficient to meet the deadline. This also applies to hidden defects from the moment they are detected. In the event of breach of duty to investigate and to give notice of defects, the right to warranty is excluded.
- In case of defects, the Supplier shall provide warranty in the form of rectification or replacement. In case of rectification of the defects, the Customer shall not be required to bear the increased costs incurred by shipping the goods to a location other than the place of delivery, provided that the shipment does not correspond to the intended use of the goods.
- The Seidl Group guarantees that the software or hardware complies with the specifications as set out in the respective offer at the time that they are handed over/made available. The burden of proof for the existence of defects lies with the Customer if they are an entrepreneur. The presumption of defectiveness under Sec. 924 of the Austrian Civil Code (ABGB) is excluded vis-à-vis entrepreneurs. The Seidl Group shall not be liable for defects after goods are handed over/made available that occur due to a failure to install updates.
- If the subsequent improvement fails, the Customer may either demand a price reduction or withdraw from the contract.
- The warranty period is one year from delivery of the goods.
| Sec. 9 | Liability |
|---|
The Supplier shall be liable for intent and gross negligence as well as under the Product Liability Act. In the event of slight negligence, the Supplier shall only be liable for damages resulting from injury to life, body and health of persons.
| Sec. 10 | Copyright and rights of use: |
|---|---|
| (1) | All the digital content made available by the Supplier is protected by copyright. |
| (2) | The Customer acquires a simple, non-transferable right of use. They shall not be granted any rights of exploitation. Reproduction is prohibited. |
| (3) | The Customer is not authorised to remove copyright notices, trademarks or other rights reserved from goods. |
| (4) | The Customer is entitled to personalise the digital content made available with visible and invisible labelling to enable the investigation and legal prosecution of the original Customer in the event of misuse. |
| (5) | In the event of unauthorised use of the digital content by the Customer or a third party, the Customer undertakes to pay a contractual penalty per act of infringement to be determined by the Supplier at their reasonable discretion and, in the event of a dispute, to be reviewed by the competent court. |
| Sec. 11 | Data protection: |
|---|
The Seidl Group only captures, uses and processes personal data of the Customer in accordance with statutory provisions. The following data of the Customer are captured during the ordering process, stored on data carriers and processed by the Seidl Group for the purpose of fulfilment of the contract:
- Identifier
- Password
- First name
- Last name
- Title/academic degree
- Place of residence and address
- Date of birth
- Gender
- Email address
- IP address
- User behaviour
- Phone number
- further information provided by the Customer in the course of processing the contract regarding their person.
The Customer hereby expressly agrees that the above-mentioned data as well as other information about them disclosed by the Customer to the Seidl Group in the course of processing the contract may be stored by the Seidl Group on data carriers and in a customer database and processed with automated support for the purpose of providing the contractual services.
| Sec. 12 | Final provisions: |
|---|---|
| (1) | Should one or more provision(s) of these General Terms and Conditions be or become invalid, this shall not affect the validity of the other provisions. |
| (2) | Austrian law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (UNK), is applicable to contracts between suppliers and customers as well as to these General Terms and Conditions. Mandatory provisions of the country where the customer is normally located shall remain unaffected by the choice of law. |
| (3) | If the Customer is an entrepreneur, the registered office of the Seidl Group (Seidl GmbH, Bregenz) is the place of jurisdiction for all disputes arising from or in connection with these General Terms and Conditions or contracts between suppliers and customers. |