General Terms and Conditions (GTC) – Tubolito GmbH Online Shop
§ 1 Basic Terms
(1) All legal relations between the operator of this online-shop (referred to as “supplier”) and its customers are only governed by these General Terms and Conditions in the version of the time of the order.
(2) General terms of the customer shall not apply.
(3) The contracting language is solely German or English.
(4) The GTC in the currently applicable version may be downloaded and printed at the homepage https://tubolito.wpengine.com
(5) The GTC may be modified at any time without informing the customer. The customer is obliged to take note of those modifications and changes, if published on the homepage of the shop. In case a product is ordered prior to the date of publication of the changes of the GTC on the homepage of the shop, the GTC in the version at the time of the order shall apply.
§ 2 Subject matter of the contract
Subject matter of the contract is the sale of products. Details of the product, especially essential features, are stated in the product description and the supplementary information on the homepage of the supplier.
§ 3 Conclusion of the contract
(1) Presentation of the products in the online-shop does not constitute a binding offer of the supplier for the conclusion of a purchase agreement. The customer may only submit an offer for the purchase by placing an offer.
(2) By clicking on the order button in the online-shop the customer places a binding offer for the conclusion of a purchase agreement regarding the products in the shopping basket. By sending the order the customer accepts these GTC as solely applicable for the legal relations with the supplier.
(3) After proceeding to checkout and entering the personal data as well as the payment and dispatch conditions, all ordering data will be displayed again. Before placing the order, the customer has the opportunity to check or change all data again and also to cancel the purchase. By submitting the order through the respective button the customer places a binding offer to the supplier. The customer will first receive an automatic email regarding the receipt of the order, which will not yet lead to the conclusion of the contract.
(4) The usage of licensed immediate payment mechanisms by the customer does not lead to the conclusion of a contract regardless of the payment of the purchase price. The contract will be concluded by delivery of the product to the customer or an explicit acceptance statement of the supplier.
§ 4 Reservation of title
The delivered product remains in the property of the supplier until full payment of the purchase price. The payment of the purchase price is due with conclusion of the contract.
§ 5 Price and delivery costs
(1) The prices are end prices and include all taxes but are exclusive of taxes, customs or duties in non-EU countries.
(2) Delivery costs are not included in the purchase price. Delivery costs will be separately stated in the ordering process and have to be fully paid by the customer.
(3) All customs and similar of related duties and costs have to be paid by the customer.
§ 6 Payment and delivery
(1) In our online-shop the customer has the following payment methods: By selecting advance payment we will state our bank details in the order confirmation and deliver the product after receipt of the purchase price. The debting of your credit card will take place upon finalization of the order. You will pay the purchase price via the online provider Paypal. You basically need to be already registered or conduct a registration, following that your access data need to be legitimized and the payment order to be confirmed to us.
(2) In case the customer has ordered a product, which is not available and the supplier is not liable for the non-availability and the customer has already concluded a corresponding cover transaction, the customer will be informed immediately regarding the non-availability of the product. If the customer rescinds from the contract the already paid purchase price will be reimbursed.
(3) The customer is obliged to check the product immediately upon receipt, whether the product is complete, without any obvious or transporting defects. Should that be the case the supplier and the forwarder have to be informed accordingly. Warranty rights of the customer remain unaffected.
§ 7 Right to set-off or retention
(1) The customer shall have no right to set-off or retention, except to the extent that the counterclaim has been acknowledged by us or been determined by a final binding decision.
(2) The customer can exercise a retention right only in case the counter claim is based on the same contractual relationship.
§ 8 Cancellation right
(1) The customer has the right to cancel the contract without providing any reasons within fourteen calendar days.
(2) The period for cancellation is fourteen days from the day, on which the customer or a third party named by the customer, who is not the forwarder, has taken possession of the product.
(3) To exercise its cancellation right, the customer has to inform the supplier by mail per post or by e-mail, that it wishes to cancel the contract. For cancellation of the contract the sample form according to § 11 of these GTC may be used, yet this is not mandatory.
(4) To observe the cancellation right it is sufficient that the information regarding the cancellation is sent prior to the expiration of the cancellation period.
§ 9 Consequences of cancellation
(1) If the customer cancels the contract, the supplier is obliged to reimburse all payments received from the customer, including delivery costs, to the customer immediately, at the latest within fourteen calendar days from the day on which the supplier received the information regarding the cancellation of the contract. Additional costs, which occurred due to the fact that the customer chose a different way of delivery than the cheapest one proposed by the supplier, will not be reimbursed. For the reimbursement the same payment method will be used, which the customer used for the original transaction, except something different has been explicitly agreed with the customer; you will not be charged with any fees for this reimbursement.
(2) The supplier may refuse the reimbursement until the product has been returned or until the customer has proven that the product has been sent back, depending on which has occurred first.
(3) The customer has to return or deliver the product immediately, but in any case no later than fourteen calendar days from the day the supplier was informed regarding the cancellation of the contract, to Tubolito GmbH, Aichhorngasse 14/11, 1120 Vienna. The term is kept if the customer sends the product prior to the expiry of the period of fourteen calendar days.
(4) The customer has to pay the direct costs of returning the product.
§ 10 Return costs at exercising the cancellation right
In case the customer exercises its legal cancellation right regarding distance contracts, the customer has to bear the costs of returning the product if the purchase price of the returned product does not exceed EUR 50,-, except in case the delivered product does not comply with the order. In all other cases the supplier will bear the costs of returning the product.
§ 11 Sample form for cancellation
To: Tubolito GmbH, A-1120 Wien, Aichhorngasse 14/11 or per E-mail to firstname.lastname@example.org
I/we (*) hereby cancel the contract concluded by me/us (*) regarding
the purchase of the following products (*)
ordered on [*)/ received on (*)
Name of the customer
Address of the customer
Signature of the customer (only in case of notice on paper)
(*) Delete as applicable
§ 12 Transport damages
(1) If products are delivered with obvious transport damages, the customer is requested to immediately make a complaint to the forwarder and to get in contact with the supplier as soon as possible.
(2) The non-compliance of submitting a claim to the forwarder or getting in contact with the supplier has no consequences on the warranty rights of the customer, as that only helps the supplier to assert its claims against the forwarder.
§ 13 Warranty
(1) The legal provisions apply.
(2) For used products the warranty period deviates from the legal provision and is one year from delivery of the product. In relation to companies and entrepreneurs the warranty period is six months for new and used products.
(3) The supplier grants no guarantees.
§ 14 Limitation of liability
(1) The customer has no claim for damages, unless otherwise provided for. The preceding exclusion of liability applies also to legal representatives and agents or subcontractors of the supplier, should the customer assert claims against them.
(2) Claims for damages based on physical injuries or breaches of essential contractual duties are excluded from the exclusion of liability according to para 1. Essential contractual duties are such, whose fulfillment is necessary for the reaching of the goal of the contract, e.g. the supplier has to hand over the product to the customer free from defects and transfer the ownership on the product. Also excluded from the exclusion of liability are damages caused intentionally or as a result of gross negligence by the supplier, its legal representatives or agents and subcontractors.
§ 15 Privacy statement
(1) The customer consents, that the following personal data, in particular name, address, credit card number will be saved for the purpose of contract handling and marketing. The processing of data will be made in accordance with applicable law, in particular the provisions of Austrian telecommunications act (TKG) and the Austrian data protection act (DSG).
(2) The data of the customer will be made available to third parties (e.g. credit card institute, forwarder) to the extent necessary for the purpose of the execution of the contract.
(3) The customer may withdraw its consent to saving and transferring its data at any time.
§ 16 Applicable law, place of performance, competent court
(1) The contract shall be governed by Austrian material law under exclusion of the UN Convention on the International Sale of Goods and the Private International Law.
(2) Place of performance for all services from the business relationship, as well as competent court shall be the seat of the supplier.
§ 17 Severability clause
Should individual terms of this GTC be ineffective or lose their effectiveness due to later circumstances, the legal effectiveness of the other provisions is not affected.