TERMS AND CONDITIONS
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General terms of business with customer information
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Table of contents
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1. Area of application
2. Contract end
3. Cancellation right
4. Prices and payment terms
5. Terms of delivery and dispatch terms
6. Contract duration and contract ending with subscription contracts
7. Retention of title
8. Liability for defects (guarantee)
9. Special conditions on the processing of goods after certain default of the customer
10. Redemption of action vouchers
11. Applicable right
12. Alternative quarrel settlement
1) Area of application
1.1 These general terms of business (in the following "Terms and Conditions") of the Zhiyi E-Commerce Co., Ltd. (in the following "shop assistant"), are valid for all contracts about the delivery of goods which a consumer or enterpriser (in the following "customer") concludes with the shop assistant concerning from the shop assistant in his online shop to shown goods. Herewith it is contradicted the inclusion by own conditions of the customer, unless, something else is agreed.
1.2 Consumer for the purposes of these Terms and Conditions is every natural person who closes a legal deal for purposes which can be added predominantly neither her commercial ones nor her independent professional activity. Enterpriser for the purposes of these Terms and Conditions is a natural or legal entity or a having legal capacity personal society which acts by end of a legal business in exercise of her commercial or independent professional activity.
1.3 The object of the contract can be – according to product description of the shop assistant - the relation of goods in the way of an Einmallieferung as well as the relation of goods in the way of a lasting delivery (in the following "subscription contract"). With the subscription contract the shop assistant undertakes to deliver the by contract owed product for the duration of the agreed contract term in the by contract owed time intervals to the customer.
2) Contract end
2.1 In the online shop of the shop assistant to contained product descriptions no obliging offers explain on the part of the shop assistant, but serve for the delivery of an obliging offer by the customer.
2.2 The customer can deliver the offer about in the online shop of the shop assistant integrated online order form. The customer delivers to it, after he the well-chosen goods in the virtual goods basket laid and the electronic order process run through has, by click of the badge concluding the order process a juridically obliging contract offer concerning the goods contained in the goods basket.
2.3 The shop assistant can accept the offer of the customer within five days,
- while he transmits a written confirmation of order or a confirmation of order in text form (fax or e-mail to the customer) and in this respect the access of the confirmation of order is decisive with the customer, or
- while he delivers the ordered product to the customer and in this respect the access of the product is decisive with the customer, or
- while he requests the customer after delivery of his order to the payment.
If several of the precalled alternatives are given, the contract comes about at the time at which one of the precalled alternatives enters first. The term to the acceptance of the offer starts to run on the day after sending the offer by the customer and ends with the expiry of the fifth day which follows sending the offer. If the shop assistant does not accept the offer of the customer within precalled term, this is valid as a refusal of the offer with the result that the customer is not bound any more to his declaration of intention.
2.4 With choice of the payment kind „PayPal of express train“ occurs the payment winding up about the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 boulevards royal, L-2449 Luxembourg (in the following: "PayPal"), under validity of the PayPal terms of use, observably under https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not dispose of a PayPal account – under validity of the conditions on payments without PayPal account, observably under https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects within the scope of the online order process „PayPal of express train“ as a payment kind, he gives by click of the badge concluding the order process at the same time also a payment order in PayPal. By now for this case the shop assistant explains the acceptance of the offer of the customer at the time at which the customer releases the payment process by click of the badge concluding the order process.
2.5 With choice of the payment kind "Amazon Payments" the payment winding up about the payment service provider Amazon Payments Europe s.c.a occurs., 5 Rue Plaetis, L-2338 Luxembourg (in the following: "Amazon"), under validity of Amazon Payments Europe user agreement, observably under https://payments.amazon.de/help/201751590. If the customer selects within the scope of the online order process "Amazon Payments" as a payment kind, he gives by click of the badge concluding the order process at the same time also a payment order in Amazon. By now for this case the shop assistant explains the acceptance of the offer of the customer at the time at which the customer releases the payment process by click of the badge concluding the order process.
2.6 With the delivery of an offer about the online order form of the shop assistant the contract text is stored after the contract end by the shop assistant and is transmitted to the customer after sending his order in text form (e.g., e-mail, fax or letter). A Zugänglichmachung going out it of the contract text by the shop assistant does not occur. Provided that the customer has furnished a user's account in the online shop of the shop assistant before sending his order, the order data on the website of the shop assistant are put into archives and can be called away by the customer about his password-protected user's account under information of the suitable login data free of charge.
2.7 Before obliging delivery of the order about the online order form of the shop assistant the customer can recognise possible input errors by attentive reading of the information shown on the screen. Besides, effective technical means to the better recognition of input errors can be the enlargement function of the browser with whose help the representation on the screen is increased. The customer can correct his inputs within the scope of the electronic order process so long about the usual keyboard functions and mouse functions, until he clicks the badge concluding the order process.
2.8 Exclusively the German is available for the contract end.
2.9 The order winding up and establishment of contact take place as a rule by e-mail and automated order winding up. The customer has to make sure that from him for the order winding up given e-mail address is appropriate, so that at this address e-mails sent by the shop assistant can be received. In particular the customer has to make sure by the application of spam filters that everybody by the shop assistant or by this third commissioned with the order winding up can be blocked to sent e-mails.
3) Cancellation right
3.1 A cancellation right is entitled basically to consumers.
3.2 Closer information about the cancellation right arises from the cancellation instruction of the shop assistant.
3.3 The cancellation right is not valid for consumer who belong at the time of the contract end to no member state of the European Union and whose sole residence and address of delivery lie at the time of the contract end beyond the European Union.
4) Prices and payment terms
4.1 Provided that from the product description of the shop assistant nothing else arises, it concerns with the quoted prices whole prices. Sales tax is not expelled, because the shop assistant Kleinunternehmer is for the purposes of the UStG. If necessary, in addition, attacking delivery expenses and forwarding expenses are given in the respective product description separately.
4.2 By deliveries in countries beyond the European Union other costs can result in particular cases which the shop assistant does not have to represent and they are to be carried of the customer. Moreover, for example, costs count for the monetary transmission by loan institutes (e.g., transfer fees, exchange rate fees) or import-juridical deliveries or the taxes (e.g., duties). Such costs can result concerning the monetary transmission also if the delivery does not occur in a country beyond the European Union, the customer the payment, however, from a country beyond the European Union from carries out.
4.3 The payment possibility / en will become informed / to the customer in the online shop of the shop assistant.
4.4 If cash in advance is agreed by bank credit transfer, the payment is due immediately after completion of the contract, provided that the parties have agreed on no later day of maturity.
4.5 On payment by means of a payment kind offered by PayPal the payment winding up about the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A occurs., 22-24 boulevards royal, L-2449 Luxembourg (in the following: "PayPal"), under validity of the PayPal terms of use, observably under https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not dispose of a PayPal account – under validity of the conditions on payments without PayPal account, observably under https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.6 With choice of the payment kind "IMMEDIATELY" there occurs the payment winding up about the Zahlungsdienstleister SOFORT GmbH, Theresienhöhe 12, 80339 Munich (in the following "IMMEDIATELY"). To be able to pay the invoice amount about "IMMEDIATELY", the customer must dispose of one for the participation in "IMMEDIATELY" freely switched Online Banking account with PIN/TAN procedure, prove the identity accordingly with the payment process and confirm the order to pay towards "IMMEDIATELY". The payment transaction is carried out immediately afterwards from "IMMEDIATELY" and the bank account of the customer is loaded. The customer can call away closer information about the payment kind "IMMEDIATELY" on the Internet under https://www.klarna.com/sofort/.
4.7 With choice of the payment kind Credit card the invoice amount with contract end is due immediately. The winding up of the payment kind Credit card payment occurs in cooperation with the secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag) in the supplier his payment demand resigns. The secupay AG draws the invoice amount of the given credit card account of the customer. In case of the cession can be performed only to the secupay AG with guilt-releasing effect. The load of the credit card immediately occurs after sending the customer order in the online shop. The supplier also remains with choice of the payment kind Credit card payment about the secupay AG responsibly for general customer inquiries, e.g., to the product, delivery time, sending, Retouren, complaints, cancellation explanations and cancellation sendings or credits.
4.8 With choice of the payment kind Credit card via Wirecard the payment winding up about the Wirecard bank AG occurs, Einstein's ring 35, 85609 home Asch (https://www.wirecardbank.com/) resigns his payment demand in of the shop assistants. The Wirecard bank AG draws the invoice amount of the given credit card account of the customer. In case of the cession AG with guilt-releasing effect can be performed only to the Wirecard bank. The load of the credit card immediately occurs after sending the customer order about the online shop of the shop assistant. The shop assistant also remains with choice of the payment kind Credit card via Wirecard responsibly for general customer inquiries, e.g., to the product, delivery time, sending, Retouren, complaints, cancellation explanations and cancellation sendings or credits. To the information of the Wirecard bank AG according to article 13 DSGVO within the scope of the winding up of credit card payments under https://www.wirecardbank.de/DSGVO it is pointed out.
5) Terms of delivery and dispatch terms
5.1 The delivery of goods occurs on the dispatch way to the address of delivery given by the customers, provided that nothing else is agreed. By the winding up of the transaction given address of delivery is decisive in the order winding up of the shop assistant. Aberrantly from this deposited address of delivery is decisive with choice of the payment kind PayPal from the customer at the time of the payment in PayPal.
5.2 If the transportation company sends back the sent product to the shop assistant, because a delivery was not possible with the customer, the customer bears the costs for the fruitless dispatch. This is not valid if the customer does not have to represent the fact which has led to the impossibility of the delivery or if he was prevented temporarily in the acceptance of the offered achievement, unless the shop assistant had announced him the achievement an adequate time before. Further this is not valid in view of the costs for the Hinsendung if the customer uses his cancellation right efficiently. Made arrangement is valid by effective exercise of the cancellation right by the customer in the cancellation instruction of the shop assistant for the back end costs moreover.
5.3 Pickup by the customer is not possible for logistic reasons.
6) Contract duration and contract ending with subscription contracts
6.1 The right to the extraordinary notice for important reason remains untouched. An important reason is given if the continuation of the contractual relationship cannot be expected of the giving notice part taking into account all circumstances of the isolated case and under consideration of the mutual interests up to the agreed ending or up to the expiry of a term of notice.
6.2 Notices have to occur in writing or in text form (e.g., by e-mail).
7) Retention of title
He reserves himself step of the shop assistants in payment in advance, up to the entire payment of the owed purchase price the property in the delivered product.
8) Liability for defects (guarantee)
8.1 If the purchase thing falls short, are valid the regulations of the legal liability for defects.
8.2 The customer is asked to complain delivered goods with evident damages in transit to the delivery agent and to inform the shop assistant from this. If the customer does not follow, this has no effects on his legal or contractual fault claims.
9) Special conditions on the processing of goods after certain default of the customer
9.1 If the shop assistant also owes the processing of the product after certain default of the customer after the contents of the contract beside the goods delivery, the customer has to make available to the operator all contents necessary for the processing like texts, pictures or graphics in the file formats given by the operator, formatting, dimensions of picture area and file dimensions and to put away for him the rights of use necessary for this. The customer is responsible alone for the procurement and the legal acquisition in these contents. The customer explains and takes over the responsibility for the fact that he owns the right to use the contents überlassenen to the shop assistant. He takes in particular of it care that through this no right third are injured, in particular originator rights, brands rights and personality rights.
9.2 The customer releases the shop assistant from claims of third who can assert this in connection with an injury of her rights by the contract-appropriate use of the contents of the customer by the shop assistant compared with this. The customer takes over, on this occasion, also the adequate costs of the necessary legal defence including all court and lawyer costs by legal height. This is not valid if the law breaking of the customer is not to be represented. The customer is obliged to make available all information to the shop assistant in case of a claim by third immediately, truthfully and completely who are necessary for the check of the claims and a defence.
9.3 The shop assistant reserves himself to reject processing missions if the contents überlassenen from the customers for this offend against legal or official bans or against the good customs. This is valid in particular with surrender more anti-constitutional, more racist, xenophobic, more discriminating, more insulting, youth more endangering and/or power of glorifying contents.
10) Redemption of action vouchers
10.1 The vouchers which can be spent by the shop assistant within the scope of publicity campaigns with a certain period of validity free of charge and be acquired by the customer not for sale (in the following "action vouchers"), can be redeemed only in the online shop of the shop assistant and only in the given period.
10.2 Action vouchers can be redeemed only by consumers.
10.3 Single products can be excluded from the voucher action, provided that a suitable restriction arises from the contents of the action voucher.
10.4 Action vouchers can be redeemed only before end of the order process. An additional settlement is not possible.
10.5 Per order only one action voucher can be always redeemed.
10.6 The goods value must correspond at least to the amount of the action voucher. Any rest credit is not refunded by the shop assistant.
10.7 If the value of the action voucher is not sufficient for the cover of the order, one of the remaining payment kinds offered by the shop assistant can be chosen the settlement of the difference.
10.8 The credit of an action voucher is paid neither in cash nor is paid interest.
10.9 The action voucher is not refunded if the customer returns the product paid-up with the action voucher all or part within the scope of his legal cancellation right.
10.10 The action voucher is determined only for the use by the person named on him. A transference of the action voucher to third is excluded. The shop assistant is entitled, not obliged, however to check the material claim authorisation of the respective voucher owner.
11) Applicable right
The right of the Republic of Austria is valid for all legal relations of the parties to the exclusion of the laws about the international purchase of movable goods. With consumers this legal choice only in this respect, as the not lasted protection is valid by compelling regulations of the right of the state in which the consumer has his usual stay, is taken away.
12) Alternative quarrel settlement
12.1 The EU commission provides on the Internet under the following link a platform to the online quarrel settlement: https://ec.europa.eu/consumers/odr
This platform serves as a drop-in centre for the extrajudicial settlement of disputes from online purchase or service contracts in which a consumer is involved.
12.2 The shop assistant is neither obliged to the participation in a quarrel settlement procedure before a consumer arbitration place nor ready.
General terms of business with customer information
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Table of contents
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1. Area of application
2. Contract end
3. Cancellation right
4. Prices and payment terms
5. Terms of delivery and dispatch terms
6. Contract duration and contract ending with subscription contracts
7. Retention of title
8. Liability for defects (guarantee)
9. Special conditions on the processing of goods after certain default of the customer
10. Redemption of action vouchers
11. Applicable right
12. Alternative quarrel settlement
1) Area of application
1.1 These general terms of business (in the following "Terms and Conditions") of the Zhiyi E-Commerce Co., Ltd. (in the following "shop assistant"), are valid for all contracts about the delivery of goods which a consumer or enterpriser (in the following "customer") concludes with the shop assistant concerning from the shop assistant in his online shop to shown goods. Herewith it is contradicted the inclusion by own conditions of the customer, unless, something else is agreed.
1.2 Consumer for the purposes of these Terms and Conditions is every natural person who closes a legal deal for purposes which can be added predominantly neither her commercial ones nor her independent professional activity. Enterpriser for the purposes of these Terms and Conditions is a natural or legal entity or a having legal capacity personal society which acts by end of a legal business in exercise of her commercial or independent professional activity.
1.3 The object of the contract can be – according to product description of the shop assistant - the relation of goods in the way of an Einmallieferung as well as the relation of goods in the way of a lasting delivery (in the following "subscription contract"). With the subscription contract the shop assistant undertakes to deliver the by contract owed product for the duration of the agreed contract term in the by contract owed time intervals to the customer.
2) Contract end
2.1 In the online shop of the shop assistant to contained product descriptions no obliging offers explain on the part of the shop assistant, but serve for the delivery of an obliging offer by the customer.
2.2 The customer can deliver the offer about in the online shop of the shop assistant integrated online order form. The customer delivers to it, after he the well-chosen goods in the virtual goods basket laid and the electronic order process run through has, by click of the badge concluding the order process a juridically obliging contract offer concerning the goods contained in the goods basket.
2.3 The shop assistant can accept the offer of the customer within five days,
- while he transmits a written confirmation of order or a confirmation of order in text form (fax or e-mail to the customer) and in this respect the access of the confirmation of order is decisive with the customer, or
- while he delivers the ordered product to the customer and in this respect the access of the product is decisive with the customer, or
- while he requests the customer after delivery of his order to the payment.
If several of the precalled alternatives are given, the contract comes about at the time at which one of the precalled alternatives enters first. The term to the acceptance of the offer starts to run on the day after sending the offer by the customer and ends with the expiry of the fifth day which follows sending the offer. If the shop assistant does not accept the offer of the customer within precalled term, this is valid as a refusal of the offer with the result that the customer is not bound any more to his declaration of intention.
2.4 With choice of the payment kind „PayPal of express train“ occurs the payment winding up about the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 boulevards royal, L-2449 Luxembourg (in the following: "PayPal"), under validity of the PayPal terms of use, observably under https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not dispose of a PayPal account – under validity of the conditions on payments without PayPal account, observably under https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects within the scope of the online order process „PayPal of express train“ as a payment kind, he gives by click of the badge concluding the order process at the same time also a payment order in PayPal. By now for this case the shop assistant explains the acceptance of the offer of the customer at the time at which the customer releases the payment process by click of the badge concluding the order process.
2.5 With choice of the payment kind "Amazon Payments" the payment winding up about the payment service provider Amazon Payments Europe s.c.a occurs., 5 Rue Plaetis, L-2338 Luxembourg (in the following: "Amazon"), under validity of Amazon Payments Europe user agreement, observably under https://payments.amazon.de/help/201751590. If the customer selects within the scope of the online order process "Amazon Payments" as a payment kind, he gives by click of the badge concluding the order process at the same time also a payment order in Amazon. By now for this case the shop assistant explains the acceptance of the offer of the customer at the time at which the customer releases the payment process by click of the badge concluding the order process.
2.6 With the delivery of an offer about the online order form of the shop assistant the contract text is stored after the contract end by the shop assistant and is transmitted to the customer after sending his order in text form (e.g., e-mail, fax or letter). A Zugänglichmachung going out it of the contract text by the shop assistant does not occur. Provided that the customer has furnished a user's account in the online shop of the shop assistant before sending his order, the order data on the website of the shop assistant are put into archives and can be called away by the customer about his password-protected user's account under information of the suitable login data free of charge.
2.7 Before obliging delivery of the order about the online order form of the shop assistant the customer can recognise possible input errors by attentive reading of the information shown on the screen. Besides, effective technical means to the better recognition of input errors can be the enlargement function of the browser with whose help the representation on the screen is increased. The customer can correct his inputs within the scope of the electronic order process so long about the usual keyboard functions and mouse functions, until he clicks the badge concluding the order process.
2.8 Exclusively the German is available for the contract end.
2.9 The order winding up and establishment of contact take place as a rule by e-mail and automated order winding up. The customer has to make sure that from him for the order winding up given e-mail address is appropriate, so that at this address e-mails sent by the shop assistant can be received. In particular the customer has to make sure by the application of spam filters that everybody by the shop assistant or by this third commissioned with the order winding up can be blocked to sent e-mails.
3) Cancellation right
3.1 A cancellation right is entitled basically to consumers.
3.2 Closer information about the cancellation right arises from the cancellation instruction of the shop assistant.
3.3 The cancellation right is not valid for consumer who belong at the time of the contract end to no member state of the European Union and whose sole residence and address of delivery lie at the time of the contract end beyond the European Union.
4) Prices and payment terms
4.1 Provided that from the product description of the shop assistant nothing else arises, it concerns with the quoted prices whole prices. Sales tax is not expelled, because the shop assistant Kleinunternehmer is for the purposes of the UStG. If necessary, in addition, attacking delivery expenses and forwarding expenses are given in the respective product description separately.
4.2 By deliveries in countries beyond the European Union other costs can result in particular cases which the shop assistant does not have to represent and they are to be carried of the customer. Moreover, for example, costs count for the monetary transmission by loan institutes (e.g., transfer fees, exchange rate fees) or import-juridical deliveries or the taxes (e.g., duties). Such costs can result concerning the monetary transmission also if the delivery does not occur in a country beyond the European Union, the customer the payment, however, from a country beyond the European Union from carries out.
4.3 The payment possibility / en will become informed / to the customer in the online shop of the shop assistant.
4.4 If cash in advance is agreed by bank credit transfer, the payment is due immediately after completion of the contract, provided that the parties have agreed on no later day of maturity.
4.5 On payment by means of a payment kind offered by PayPal the payment winding up about the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A occurs., 22-24 boulevards royal, L-2449 Luxembourg (in the following: "PayPal"), under validity of the PayPal terms of use, observably under https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not dispose of a PayPal account – under validity of the conditions on payments without PayPal account, observably under https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.6 With choice of the payment kind "IMMEDIATELY" there occurs the payment winding up about the Zahlungsdienstleister SOFORT GmbH, Theresienhöhe 12, 80339 Munich (in the following "IMMEDIATELY"). To be able to pay the invoice amount about "IMMEDIATELY", the customer must dispose of one for the participation in "IMMEDIATELY" freely switched Online Banking account with PIN/TAN procedure, prove the identity accordingly with the payment process and confirm the order to pay towards "IMMEDIATELY". The payment transaction is carried out immediately afterwards from "IMMEDIATELY" and the bank account of the customer is loaded. The customer can call away closer information about the payment kind "IMMEDIATELY" on the Internet under https://www.klarna.com/sofort/.
4.7 With choice of the payment kind Credit card the invoice amount with contract end is due immediately. The winding up of the payment kind Credit card payment occurs in cooperation with the secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag) in the supplier his payment demand resigns. The secupay AG draws the invoice amount of the given credit card account of the customer. In case of the cession can be performed only to the secupay AG with guilt-releasing effect. The load of the credit card immediately occurs after sending the customer order in the online shop. The supplier also remains with choice of the payment kind Credit card payment about the secupay AG responsibly for general customer inquiries, e.g., to the product, delivery time, sending, Retouren, complaints, cancellation explanations and cancellation sendings or credits.
4.8 With choice of the payment kind Credit card via Wirecard the payment winding up about the Wirecard bank AG occurs, Einstein's ring 35, 85609 home Asch (https://www.wirecardbank.com/) resigns his payment demand in of the shop assistants. The Wirecard bank AG draws the invoice amount of the given credit card account of the customer. In case of the cession AG with guilt-releasing effect can be performed only to the Wirecard bank. The load of the credit card immediately occurs after sending the customer order about the online shop of the shop assistant. The shop assistant also remains with choice of the payment kind Credit card via Wirecard responsibly for general customer inquiries, e.g., to the product, delivery time, sending, Retouren, complaints, cancellation explanations and cancellation sendings or credits. To the information of the Wirecard bank AG according to article 13 DSGVO within the scope of the winding up of credit card payments under https://www.wirecardbank.de/DSGVO it is pointed out.
5) Terms of delivery and dispatch terms
5.1 The delivery of goods occurs on the dispatch way to the address of delivery given by the customers, provided that nothing else is agreed. By the winding up of the transaction given address of delivery is decisive in the order winding up of the shop assistant. Aberrantly from this deposited address of delivery is decisive with choice of the payment kind PayPal from the customer at the time of the payment in PayPal.
5.2 If the transportation company sends back the sent product to the shop assistant, because a delivery was not possible with the customer, the customer bears the costs for the fruitless dispatch. This is not valid if the customer does not have to represent the fact which has led to the impossibility of the delivery or if he was prevented temporarily in the acceptance of the offered achievement, unless the shop assistant had announced him the achievement an adequate time before. Further this is not valid in view of the costs for the Hinsendung if the customer uses his cancellation right efficiently. Made arrangement is valid by effective exercise of the cancellation right by the customer in the cancellation instruction of the shop assistant for the back end costs moreover.
5.3 Pickup by the customer is not possible for logistic reasons.
6) Contract duration and contract ending with subscription contracts
6.1 The right to the extraordinary notice for important reason remains untouched. An important reason is given if the continuation of the contractual relationship cannot be expected of the giving notice part taking into account all circumstances of the isolated case and under consideration of the mutual interests up to the agreed ending or up to the expiry of a term of notice.
6.2 Notices have to occur in writing or in text form (e.g., by e-mail).
7) Retention of title
He reserves himself step of the shop assistants in payment in advance, up to the entire payment of the owed purchase price the property in the delivered product.
8) Liability for defects (guarantee)
8.1 If the purchase thing falls short, are valid the regulations of the legal liability for defects.
8.2 The customer is asked to complain delivered goods with evident damages in transit to the delivery agent and to inform the shop assistant from this. If the customer does not follow, this has no effects on his legal or contractual fault claims.
9) Special conditions on the processing of goods after certain default of the customer
9.1 If the shop assistant also owes the processing of the product after certain default of the customer after the contents of the contract beside the goods delivery, the customer has to make available to the operator all contents necessary for the processing like texts, pictures or graphics in the file formats given by the operator, formatting, dimensions of picture area and file dimensions and to put away for him the rights of use necessary for this. The customer is responsible alone for the procurement and the legal acquisition in these contents. The customer explains and takes over the responsibility for the fact that he owns the right to use the contents überlassenen to the shop assistant. He takes in particular of it care that through this no right third are injured, in particular originator rights, brands rights and personality rights.
9.2 The customer releases the shop assistant from claims of third who can assert this in connection with an injury of her rights by the contract-appropriate use of the contents of the customer by the shop assistant compared with this. The customer takes over, on this occasion, also the adequate costs of the necessary legal defence including all court and lawyer costs by legal height. This is not valid if the law breaking of the customer is not to be represented. The customer is obliged to make available all information to the shop assistant in case of a claim by third immediately, truthfully and completely who are necessary for the check of the claims and a defence.
9.3 The shop assistant reserves himself to reject processing missions if the contents überlassenen from the customers for this offend against legal or official bans or against the good customs. This is valid in particular with surrender more anti-constitutional, more racist, xenophobic, more discriminating, more insulting, youth more endangering and/or power of glorifying contents.
10) Redemption of action vouchers
10.1 The vouchers which can be spent by the shop assistant within the scope of publicity campaigns with a certain period of validity free of charge and be acquired by the customer not for sale (in the following "action vouchers"), can be redeemed only in the online shop of the shop assistant and only in the given period.
10.2 Action vouchers can be redeemed only by consumers.
10.3 Single products can be excluded from the voucher action, provided that a suitable restriction arises from the contents of the action voucher.
10.4 Action vouchers can be redeemed only before end of the order process. An additional settlement is not possible.
10.5 Per order only one action voucher can be always redeemed.
10.6 The goods value must correspond at least to the amount of the action voucher. Any rest credit is not refunded by the shop assistant.
10.7 If the value of the action voucher is not sufficient for the cover of the order, one of the remaining payment kinds offered by the shop assistant can be chosen the settlement of the difference.
10.8 The credit of an action voucher is paid neither in cash nor is paid interest.
10.9 The action voucher is not refunded if the customer returns the product paid-up with the action voucher all or part within the scope of his legal cancellation right.
10.10 The action voucher is determined only for the use by the person named on him. A transference of the action voucher to third is excluded. The shop assistant is entitled, not obliged, however to check the material claim authorisation of the respective voucher owner.
11) Applicable right
The right of the Republic of Austria is valid for all legal relations of the parties to the exclusion of the laws about the international purchase of movable goods. With consumers this legal choice only in this respect, as the not lasted protection is valid by compelling regulations of the right of the state in which the consumer has his usual stay, is taken away.
12) Alternative quarrel settlement
12.1 The EU commission provides on the Internet under the following link a platform to the online quarrel settlement: https://ec.europa.eu/consumers/odr
This platform serves as a drop-in centre for the extrajudicial settlement of disputes from online purchase or service contracts in which a consumer is involved.
12.2 The shop assistant is neither obliged to the participation in a quarrel settlement procedure before a consumer arbitration place nor ready.