General Terms and Conditions

General

The General Terms and Conditions (“GTC”) form an integral part of the conclusion of the contract when purchasing goods from the seller Marie-Therese Roch – hereinafter referred to as the “Seller”. The version valid at the time of the conclusion of the contract shall apply.

Consumers are natural or legal persons who are not entrepreneurs.

Entrepreneurs are natural or legal persons or partnerships with legal capacity for whom the present contract is indispensable for the operation of their business. Companies are organizations of independent economic activity intended to exist on a permanent basis, even if their aim is not to make a profit.

Buyers and sellers are hereinafter referred to as the “Contracting Parties”.

Conclusion of Contract

The purchase contract is concluded upon payment of the purchase price for the goods offered.

The Buyer must pay the full purchase price to the Seller upon conclusion of the contract. The Buyer shall bear the costs for cashless payment by debit or credit card or ATM card (e.g. transfer fees).

The Contracting Parties (Seller & Buyer) may agree that the Buyer makes a down payment on the purchase price. If a down payment is agreed, it shall amount to at least 15% of the gross sales price. This one-time down payment shall be considered a partial payment of the purchase price. If a down payment has been agreed between the Contracting Parties, the Buyer is obliged to pay this down payment immediately, and the Contracting Parties shall set a date on which the remaining purchase price is to be paid by the Buyer to the Seller. If the Buyer does not pay the remaining purchase price by the agreed date, the Buyer shall be in default of payment. Earlier payment of the remaining purchase price is possible.

Retention of Title & Resale

In the event of incomplete payment of the purchase price, the Seller retains ownership of the goods.

The Buyer is obliged to 1) treat the goods with due care during the existence of the retention of title and 2) immediately inform the Seller in writing of any access by third parties to the goods, of enforcement measures, as well as of any damage to or destruction of the goods.

If the Buyer is an entrepreneur, he is entitled to resell the goods in the ordinary course of business. At the time of purchase, the entrepreneur assigns to the Seller all potential claims that arise (or may arise) from the resale against a third party and undertakes to make a corresponding note in his books or on his invoices. The Seller accepts this assignment, and after the assignment the entrepreneur is authorized to collect this claim.

The Seller reserves the right to collect the claim himself as soon as the entrepreneur does not fully meet his payment obligations and falls into default of payment.

Default of Payment & Legal Consequences

In the event of default of payment, the Seller is in particular entitled to withdraw from the contract and to reclaim the goods.

The Seller is entitled, in the event of a breach of the payment obligation, to convert the Buyer’s partial payment (= down payment) into a credit note and to withdraw from the purchase contract.

In the event of default of payment, the Buyer is obliged to pay the remaining purchase price including statutory interest to the Seller. If the Buyer is a consumer, the remaining purchase price shall bear interest at a rate of 4% above the base interest rate. If the Buyer is an entrepreneur, the remaining purchase price shall bear interest at a rate of 9.2% above the base interest rate.

Warranty

All goods offered by the Seller are used. The statutory warranty period in this case is one year.

If the Buyer is a consumer, in the event of a warranty claim he may choose whether the goods are to be repaired or replaced with equivalent goods. The Seller is entitled to refuse these options if they are impossible or involve a disproportionately high effort.

If the Buyer is an entrepreneur, the Seller shall, at his discretion, provide warranty for defects of the goods by repair or replacement of the goods. Furthermore, in order not to lose his warranty claim, the entrepreneur must inspect the goods for defects within a reasonable period of time and notify the Seller thereof in writing within a period of one week. The entrepreneur bears the full burden of proof for all prerequisites of the claim, in particular for the defect itself as well as for the time of discovery of the defect and for the timely notification of defects (§ 377 UGB).

Returns

Returns of goods purchased in the shop are excluded.

Right of Withdrawal in Distance Selling

In the case of purchase contracts concluded as distance selling transactions within the meaning of the FAGG, the Buyer has the right to withdraw from the purchase contract within fourteen (14) days without giving reasons.

The withdrawal period is fourteen days from the day on which the Buyer or a third party designated by the Buyer, who is not the carrier, has taken possession of the goods.

Exercise of the Right of Withdrawal

To exercise the right of withdrawal, the Buyer must inform us of the decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or e-mail):

[Name of the company/buyer]

[Address, Vienna]

[Email address]

[Telephone number]

The Buyer may use the attached model withdrawal form for this purpose, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for the Buyer to send the notification of the exercise of the right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If the Buyer withdraws from the contract, all payments received by the Seller from the Buyer, excluding delivery costs, must be refunded immediately and from the day on which the notification of withdrawal of this contract has been received by the Seller. The Seller may refuse the refund until the goods have been returned.

For the refund, the Buyer shall use the same means of payment that the Buyer used for the original transaction, unless expressly agreed otherwise.

Return of Goods / Organization of Return Shipment

The Buyer must return or hand over the goods to the Seller immediately and in any case no later than fourteen days from the day on which the Buyer informs the Seller of the withdrawal from the contract.

The return shipment as well as the entire organization of packaging and transport shall be borne exclusively by the Buyer.

The Buyer shall bear all costs of the return shipment. The return costs are expected to correspond approximately to the amount of the original shipping costs, which were known to the customer at the time of purchase and which he paid in the course of the purchase.

Shipping Costs and Non-Refund

The original shipping costs will not be refunded.

Liability for Damage

The Buyer is liable for any loss in value of the goods resulting from handling that is not necessary to examine the nature, characteristics, and functioning of the goods. The Buyer is fully liable for transport damage during return shipment.

Liability for Electronic Devices

No liability whatsoever is assumed for the functionality of electrical devices such as lamps, radios, etc. Furthermore, an inspection of these devices by a certified or trained electrician and/or any rewiring of electronic devices of any kind is expressly recommended.

Final Provisions

Austrian law shall apply. Place of jurisdiction is Vienna.

Should individual provisions of the purchase contract including these GTC be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions. In such a case, the wholly or partially invalid provision shall be replaced by a provision that complies with the applicable statutory provisions.

These GTC render all previous versions invalid.