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TerMS & CONDITIONS

Terms and Conditions 4820 Obligatory e.U. (release 01/2022)
 

1. Coverage
2. Contract Conclusion
3. Right of Withdrawal

4. Prices and Terms of Payments

5. Delivery- and Shipping-Conditions
6. Reservations of Proprietary Rights

7. Warranty for Defects

8. Applicable Law
9. Legal Venue

 

 

1. Coverage

1.1 These Terms and Conditions (subsequent "T&C") of „4820 Obligatory e.U.“ (subsequent "Seller"), apply to all contracts of delivering goods, which consumer or ventures (subsequents „Client“) negotiate with the Seller regarding his on his Online shop (including the Sellers social media channels) shown goods. Herewith the Seller disagrees on any terms and conditions the Clients brings up, except negotiated before.

 

1.2 For contracts of delivering data mediums, which serve exclusively as carrier for digital content, this T&C apply as long as no expections were taken. Digital content defined by this T&C, is data which is generated and supplied digitally.

 

1.3 Within this T&C “consumers” are defined as natural persons, that negotiate transactions which do not impute to any commercial or self-employment.

 

1.4 Within this T&C „ventures“ are either natural- or legal- persons, or associations with legal capacity, which close transactions in exercise of their commercial activity.

 

 

2. Contract Conclusion

2.1 The product descriptions on the Sellers Online Shop do not represent binding offers, instead serve as submission of a binding offer by the Customer.

 

2.2 The Customer can give his offer by the order form integrated in the sellers Online Shop. After the Customer has put the choosen goods into the virtual basket and done the orderprocess, he finally completes a binding contract on the goods inside the basket by klicking the final button of the process. In addition the customer can submite the offer as well by phone, direct message on social media channels or by email to the Seller.

 

2.3 The Seller can accept the offer of the Client within five working-days by sending the Client a written order confirmation by E-Mail or any Messenger. Within this the access to the order confirmation to the client is significant matter. Or by delivering the ordered goods, within which the Clients access to the goods matters. Or by requesting payment for the ordered goods.
If there are a couple of those options present, so the contract come about by the one option that occurs first. The term of offer-acceptance starts with the day on which the Client has given the offer and ends by the end of the fift day afterwards. If the Seller doesn’t accept the Clients offer within the mentioned term, the offer is rejected, which leads to the Client no more being bound to his declaration of intention.

 

2.4 If Paypal is chosen as Payment-method the payment process happens by the Payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (subsequent “Paypal”), by validity of the Paypal Terms of Use, visible here: https://www.paypal.com/uk/webapps/mpp/ua/useragreement-full or, for Clients without Paypal-Account, here https://www.paypal.com/uk/webapps/mpp/ua/privacywax-full . If the Client pays by Paypal, the Seller declares acceptance of the Clients offer when the Client klicks on the final order Button.

 

2.5 The contract text will be safed by the Seller, when the offer is hand over by the online order form. Later it will be send to the Client by email. The Seller doesn’t organice any additional access preparations to the contract text. If the Client got a User Account at the Sellers Online store, the order data will be safed at the Sellers webside, which can be accessed by the Client through password protected User account, by declaring corresponding Login-Data.

 

2.6 Before the Client submites his binding offer trought the Sellers Online Order Form, he is requested to thoroughly read and check for input errors. If the text is visually to small the Client can enlargen it by the browsers enlargement function. The Client is able to correct his inputs trough keyboard- and mouse-functions until he klicks the final order button.

 

 

2.7 The languages German and English are available for contract conclusion.

 

2.8 The order process and contacting will usually done be by e-mail and automated order process. The client is responsible for submitting a working, and to him, accessable e-mail adress, at which he can recieve e-mails from the Seller. In particular with using SPAM-Filtering, the Client is responsible that he is able to recieve the Sellers e-mails.
 

 

3. Right of Withdrawal

3.1 Customers in general do have a right of withdrawal.

 

3.2 More explict informations on the right of withdrawal are shown in the Sellers cancellation policy.

 

3.3 The right of Withdrawal does not apply to Customers, which at the moment of contract conclusion were no Citizen of the European Union and their exclusive residence and delivery address at the moment of contract conclusion were outside of the European Union.

 

4. Prices and Terms of Payment

4.1 In case not other stated at the Sellers product descripten, the shown prices are total prices, including VAT, but excluding shipping costs.

 

4.2 At delivery to countries outside of the European Union, there might be additional costs, which the Client is responsible of. Those include any additional costs for payment transfers. (e.g. transfer fees or exchange rate fees) as well as import costs and taxes (e.g. customs). Such cost might accrue for payment transfers still even if the delivery is within the European Union, but the Client executes the payment from an account (etc.) of a non European Union Country.

 

4.3 Available Payment methods will be displayed at the Sellers online-store or by direct messege or email through the Sller

 

4.4 The payment is due directly after the contract conclusion, once advance payment by bank transfer is chossen, if not explicit agreed differently.

 

5. Delivery- and Shipping-Conditions

5.1 If the Seller offer shipping of the goods, delivery is possible within the delivery zone defined by the Seller. (if not explicit agreed differently) The delivery address, stated by the Client within the transaction process is applicable.  If Paypal is chosen for payment method, the delivery address deposited at Paypal is applicable.

 

5.2 If the delivery oft he goods fails on the behalf of reason the Client is responsible for, the Client has to pay the occurred costs. This does not apply for the shipping to the client, if the Client takes use of his right of withdrawal. The responsibility regarding shipping back to the Seller is regulated by the Sellers Cancelation Policy.

 

5.3 If the client handles at venture the danger of random downfall or random degradation of the sold goods is omitted to the Client, as soon as the Seller has given the order to the carrier, or any otherone who’s responsible for shipping. If the client handles as customer those dangers omit to the client as soon as the goods are received.

 

5.4 If the seller offers goods pickup, the Client can collect the order at defined time space according to prior agreement. In this case no shipping costs get charged.

 

6. Reservations of Proprietary Rights

If the Seller does payment in advance, the delivered goods stays his property as long as the purchasing price is fully payed by the client.

 

 

7. Warranty for Defects

7.1 As long as the following rules don’t state differently, the legal rules for liability for defects apply.

7.2 If the Client handles as Venture,

  • The Seller got the choice of supplementary performance

  • Periot of limitation for defects is one year from recieving the goods

  • Right and Claims on used goods are excluded

  • Periot of limitation doesn’t start over when in case of defects warranty replacement happens

 

7.3 The preceduing regulated liablity limitations term shortenings don’t count:

  • For compensation and aufen und recourse of expenses of the Client

  • In case the seller has maliciously covered shortcomings

 

7.4 Beyond this, the legal period of limitations for a given legal  right of withdrawal stays untouched.

 

7.5 If the Client is Customer, he is requested to reclaim obviously damaged goods packaging to the deliverer and to inform the Seller of the situation. If the Customer does do this, it will not effect his legal or contractual right for warranty of defects.

 

 

8. Applicable Law

8.1 Austrian law applies to all legal relationships between parties,  excluding the laws on international purchase of movable goods. For Consumers this choice of law only applies ias the protection granted by mandatory provisions oft he law oft he state which the consumer has his habitual residence is not withdrawn.

 

8.2 Furthermore, this choice of law with regard tot he statutory right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery adress are outside the European Union at the time the contract is concluded.

 

9. Legal Venue

All offers, including the associated illustration, text descriptions and graphic designs are subject to the copyright of the provider. Linking or use for your own purposes is only permitted with the prior written consent of the Seller

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