General terms and conditions with customer information

General Terms and Conditions with Customer Information & Privacy Policy

1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Reservation of Title
7. Liability for Defects / Warranty
8. Vouchers, Discount Promotions
9. Applicable Law
10. Code of Conduct
11. Alternative Dispute Resolution

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A. General Terms and Conditions with Customer Information
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1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as "Terms and Conditions") of Christian Raunjak, trading as "austriavital" (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter referred to as "Customer") and the Seller regarding the goods displayed by the Seller on the SHOMUGO online trading platform (hereinafter referred to as "SHOMUGO"). The inclusion of the Customer's own conditions is hereby objected to, unless otherwise agreed.

1.2 Consumer, as defined in these Terms and Conditions, is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or self-employed professional activity.

1.3 Entrepreneur, as defined in these Terms and Conditions, is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

2) Conclusion of Contract

2.1 The product descriptions provided by the Seller on SHOMUGO do not constitute binding offers, but rather serve the Customer to submit a binding offer.

2.2 The Customer can submit the offer via the online order form provided on SHOMUGO. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods 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 a confirmation in text form (fax or email), whereby the receipt of the order confirmation by the Customer is decisive, or
- delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
- requesting payment from the Customer after the Customer has placed their order.
If several of the above alternatives are available, the contract is concluded at the time when one of the above alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends with the expiration of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed as a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If the Customer chooses a payment method offered by PayPal, the payment processing will be handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal terms of use, available at https://www.paypal.com/de/weba... or - if the Customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer chooses a payment method offered by PayPal during the online ordering process, the Seller hereby declares their acceptance of the Customer's offer at the moment when the Customer clicks the button that concludes the ordering process.

2.5 The contract text is stored by the Seller after the contract is concluded and is sent to the Customer in text form (e.g., email, fax, or letter) after the Customer has submitted their order. The Seller does not make the contract text available beyond that.

2.6 Before submitting a binding order, the Customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.7 The contract can only be concluded in the German language.

2.8 Order processing and communication take place via email and automated order processing. The Customer must ensure that the email address provided by them for order processing is accurate so that they can receive emails sent by the Seller. In particular, the Customer must ensure that all emails sent by the Seller can be delivered when using SPAM filters.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal. Further information on the right of withdrawal can be found in the Seller's withdrawal policy.

3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.

4) Prices and Payment Conditions

4.1 The prices stated by the Seller are total prices and include the statutory value-added tax. Any additional delivery and shipping costs that may arise are stated separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred on a case-by-case basis, for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for money transfer by credit institutions (e.g., transfer fees, exchange rate fees) or customs duties or taxes (e.g., customs duties). Such costs may also be incurred in relation to money transfers if the delivery does not take place in a country outside the European Union and the Customer makes the payment from a country outside the European Union.

4.3 The available payment methods will be communicated to the Customer in the Seller's offer on SHOMUGO.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping of the goods, the delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the order processing on SHOMUGO is decisive for the transaction.

5.2 In the case of goods delivered by freight forwarder, the delivery will be made "free kerbside" to the nearest public kerbside to the delivery address, unless otherwise specified in the product description provided by the Seller on SHOMUGO or unless otherwise agreed.

5.3 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This shall not apply with regard to the costs for the outbound shipment if the Customer effectively exercises their right of withdrawal. For the return costs, the provision made in the Seller's withdrawal policy shall apply if the Customer effectively exercises their right of withdrawal.

5.4 If the Customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the Customer as soon as the Seller has delivered the item to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment. If the Customer is a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall generally only pass to the Customer or a person authorized to receive the goods upon handover of the goods. However, in the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold also passes to the Customer as soon as the Seller has delivered the item to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment, provided that the Customer has instructed the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.5 The Seller reserves the right to withdraw from the contract in the event of non-delivery or incorrect delivery by the Seller's suppliers, provided that the Seller is not responsible for the non-delivery and has concluded a specific cover transaction with due care. The Seller shall make reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately, and any payments made by the Customer will be refunded without delay.

5.6 If the Seller offers the goods for pick-up, the Customer can collect the ordered goods during the Seller's specified business hours at the Seller's specified address. In this case, no shipping costs will be charged.

6) Reservation of Title
If the Seller provides goods in advance, they retain ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects / Warranty

7.1 Unless otherwise provided in the following provisions, the statutory liability for defects applies. In deviation from this, the following applies to contracts for the delivery of goods:

7.2 If the Customer is an entrepreneur,
- the Seller has the choice of the type of subsequent performance;
- for new goods, the statute of limitations for defects is one year from the date of delivery of the goods;
- for used goods, warranty claims are excluded;
- the statute of limitations does not restart if a replacement delivery is made within the scope of liability for defects.

7.3 The aforementioned liability limitations and reductions in the statute of limitations do not apply:
- to claims for damages and reimbursement of expenses by the Customer,
- in the event that the Seller has fraudulently concealed the defect,
- to goods that have been used in accordance with their usual purpose for a building and have caused its defectiveness,
- to any existing obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital components.

7.4 Furthermore, the statutory limitation periods for any existing statutory recourse claims by entrepreneurs remain unaffected.

7.5 If the Customer is a consumer, they are requested to report any obvious transport damages to the Seller and to notify the Seller accordingly. Failure to comply with this will not affect the Customer's statutory or contractual warranty claims.

8) Vouchers, Discount Promotions

Unless otherwise stated in the Seller's product description on SHOMUGO, the redemption of gift vouchers, promotional vouchers, discounts, or savings benefits that are not issued or advertised by the Seller themselves is excluded for the Seller's offers on SHOMUGO. This also applies to vouchers and/or discount promotions offered by the operator of SHOMUGO. Vouchers issued by the Seller can only be redeemed for the Seller's offers on SHOMUGO if this is stated in the advertising or redemption conditions of the Seller.

9) Applicable Law

For all legal relationships between the parties, the law of the Republic of Austria applies, excluding the UN Convention on Contracts for the International Sale of Goods. This choice of law only applies to consumers to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.

10) Code of Conduct

The Seller has subjected themselves to the terms and conditions of participation for the eCommerce initiative "Fairness in Trade," which can be viewed on the internet at fairness-im-handel.de/teilnahmebedingungen/.

11) Alternative Dispute Resolution

11.1 The EU Commission provides a platform for online dispute resolution, which can be found at the following link: ec.europa.eu/consumers/odr. This platform serves as a point of contact for out-of-court resolution of disputes arising from online purchase or service contracts in which a consumer is involved.

11.2 The Seller is not obliged to participate in a dispute resolution procedure before a consumer arbitration board, but is willing to do so.