GTC
General Terms and Conditions of Business (GTC)
for orders via the online shop of
Domshop St. Stephan Betriebsführungsgesellschaft m.b.H.
Operator/vendor:
Domshop St. Stephan Betriebsführungsgesellschaft m.b.H.
Stephansplatz 1 u. 3
A-1010 Vienna
Austria
Register number: FN 188758k
Managing director: Tamas Steigerwald
Contact details:
Tel.: +43 (1) 51552 ext. 3563
Fax: +43 (1) 51552 - 3164
E-Mail: domshop@stephanskirche.at
Status: 1 June 2009
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for orders via the online shop of
Domshop St. Stephan Betriebsführungsgesellschaft m.b.H.
Operator/vendor:
Domshop St. Stephan Betriebsführungsgesellschaft m.b.H.
Stephansplatz 1 u. 3
A-1010 Vienna
Austria
Register number: FN 188758k
Managing director: Tamas Steigerwald
Contact details:
Tel.: +43 (1) 51552 ext. 3563
Fax: +43 (1) 51552 - 3164
E-Mail: domshop@stephanskirche.at
| 1. Scope of application: | |
| 1.1 | The following General Terms and Conditions of Business shall apply exclusively to all business transactions of Domshop St. Stephan Betriebsführungsgesellschaft m.b.H. (hereinafter referred to as “Domshop”). Any terms and conditions of business of whatsoever type, particularly terms and conditions of purchase, which conflict with these General Terms and Conditions of Business are completely ineffective, regardless of whether and in what form these have been communicated to Domshop. |
| 1.2 | Any amendments and additions to these GTC must be made in writing and require the consent of Domshop. The requirement of written form may only be deviated from by written agreement. Silence does not constitute consent in any case. |
| 1.3 | Domshop employees are not entitled to make any oral agreements which are in conflict with the GTC, or make additions to these GTC without the prior written consent of Domshop. |
| 1.4 | By placing the order, the customer agrees to these GTC and consents to be bound thereby. These GTC shall constitute an integral part of the purchase contract between Domshop and the customer, should a purchase contract be concluded in accordance with the rules set out in section 2. below. |
| 2. Conclusion of purchase contract: | |
| 2.1 | The products offered in Domshop’s online shop constitute an invitation to make an offer and shall not be deemed to be an offer by Domshop requiring the customer’s acceptance. |
| 2.2 | An order placed by the customer shall constitute an offer with binding effect on the customer. |
| 2.3 | Domshop is free to accept the customer’s offer within five business days, or reject the offer by sending an appropriate statement to the customer by e-mail, facsimile, or postal mail. Domshop is also entitled to reject the customer’s offer in the event of price changes in the intervening period. Rejection by Domshop is also permitted on the grounds of human errors or technical faults affecting the web shop, sales brochures, price lists or other documents. Domshop shall not be liable for any such errors or price changes. |
| 2.4 | Upon receipt by Domshop of the customer’s electronic order, the customer shall receive an automatically generated order confirmation specifying the material details of the order, including the billing and delivery addresses, the quantity and price per item of the ordered goods, and the total price and shipping costs. The order confirmation shall merely serve the customer as a receipt for successful placement of the order and shall not yet constitute acceptance of the offer by Domshop. |
| 2.5 | Domshop shall accept the order within five working days of receipt of the order by sending an order confirmation to the customer in the form of an invoice by post, facsimile or e-mail. The period of five business days reflects the organisational requirements of Domshop, and is, in particular, for the purpose of ascertaining whether the ordered goods are available. |
| 2.6 | Should Domshop not accept the offer as set out in section 2.5, then customer shall no longer be bound to his/her offer and the purchase contract shall not be concluded. |
| 2.7 | In the event that it is impossible for statements, notifications or goods to be sent by one of the means specified by the customer in the order (e.g. to an e-mail address, fax number or postal address) for reasons for which Domshop is not responsible (e.g. incorrect information or changes), Domshop shall not be held accountable for the impossibility of sending the statements, notification or goods, and the statements, notifications or goods shall be deemed to have been received by the customer. |
| 2.8 | Domshop expressly reserves the right, without making a separate notification, to modify, add to or delete parts of its internet site or the entire online selection, or to temporarily or finally cease such publication. |
| 3. Prices and shipping costs: | |
| 3.1 | The prices of the goods offered by Domshop include 20% VAT, but exclude any applicable import duties or any other costs connected with the export of such goods from Austria and their import into another country. |
| 3.2 | Any applicable import duties or other costs connected with the export of such goods from Austria and their import into another country shall not be specified in the invoice to the customer and must be fully paid by the customer, including any applicable processing charges. |
| 3.3 | Shipping costs are not included in the prices stated by Domshop and are expressly specified in the order, the order confirmation and the invoice as a separate item. The basis and amount of the shipping costs shall be deemed to be approved and agreed to by the customer through placement of the order. |
| 4. Shipping conditions and times: | |
| 4.1 | The ordered goods shall be shipped only after the total amount has been paid in accordance with the invoice. The applicable time of payment by the customer is that of receipt of the invoiced amount on Domshop’s bank account. |
| 4.2 | Should not all ordered goods be immediately deliverable, Domshop may at its own discretion ship the immediately deliverable goods immediately and any further goods once these are available or, after notifying the customer, wait until all ordered goods are deliverable and then ship all ordered goods to the customer together. |
| 4.3 | Goods are generally shipped by post, either as by registered letter or parcel post with advice of receipt. Domshop reserves the right to ship the goods by other means. |
| 4.4 | The goods are shipped by Domshop within less than seven working days of receipt of the invoiced amount on Domshop’s bank account. In the case of goods that are out of stock, shipping may take up to 30 days from the order date. |
| 5. Retention of title: | |
| The goods shall remain the property of Domshop until full payment of the invoiced amount including all additional fees has been made. Before the invoiced amount, including all additional fees, has been received on Domshop’s bank account, the customer is prohibited from pledging the goods, assigning the goods as collateral, or assigning any other rights to the goods to third parties. The customer is obliged to notify Domshop of any transfer or resale of goods to which Domshop retains title where such transfer or resale is in breach of the agreement, and to provide evidence that it has informed third parties that Domshop retains ownership of said goods. In the event of sale to third parties of the ordered goods to which Domshop retains title in breach of the agreement, the customer shall assign its purchase price claim as against the respective third party (secondary purchaser) to Domshop in advance as a security. | |
| 6. Invoicing and payment: | |
| 6.1 | Domshop will issue its invoice digitally in e-mail form after confirmation of order, and the printed invoice will be added to the shipment. |
| 6.2 | The ordered goods must be prepaid by means either of credit card payment via the online shop or of a bank transfer to Domshop’s bank account as specified in the invoice. The time of receipt of complete payment on Domshop’s bank account shall be applicable. |
| 6.3 | In the event of failure to make the payment within 10 business days of the invoice date, the order shall be deemed to be cancelled. |
| 6.4 | The customer, who is obliged to prepay the purchase price, has no legal right to offset any counter claims which may subsequently become due. |
| 7. Transfer of risk and ownership: | |
| Risk and ownership of the ordered goods shall be transferred to the customer once the goods have left Domshop’s stores for shipping. Ownership shall only be transferred to the customer if the agreed retention of title is not applied, i.e. if the customer has paid the full invoiced amount, including all additional fees. | |
| 8. Warranty and compensation for damages: | |
| 8.1 | The statutory warranty period of two years as prescribed by section 933(1) Allgemeines Bürgerliches Gesetzbuch [Austrian Civil Code] shall be deemed to be applicable, unless otherwise agreed. Warranty claims may be made before the court from the invoice date, or from receipt of the goods in the case of consumers (date on advice of receipt). After expiry of the agreed warranty period, the goods shall be deemed to be accepted without any faults, and claims arising from alleged defects may no longer be asserted as against Domshop. |
| 8.2 | After the expiry of six months from the invoice date, the customer as the consumer has the burden of proving that the defect was present at the time of transfer of the goods. |
| 8.3 | Where the customer is an entrepreneur in the meaning of the Unternehmensgesetzbuch ([UGB] Austrian Enterprises Code), the customer must notify Domshop of any defects immediately, or at the latest three days after receipt of the goods, otherwise any warranty and damages compensation claims shall be barred. Such notice of defects must be submitted in writing, with the date of posting as the applicable date. |
| 8.4 | Domshop shall not incur any costs for consignments or returns. |
| 8.5 | In the event that the goods are defective at the time of transfer (shipping) and Domshop is responsible for such defect(s), at its discretion Domshop is entitled to choose between rectifying the defect and exchanging the goods. |
| 8.6 | Domshop shall only be liable for the cost of rectification of a defect by the customer if the customer has obtained prior written consent from Domshop. Where defects are rectified by the customer or by a third party, this shall have the effect of excluding any warranty claims. |
| 8.7 | In a warranty case, Domshop shall be entitled to refer the customer directly to the manufacturer if the damage was evidently or apparently not caused by a Domshop employee or could not have been caused by a Domshop employee due to the nature of the damage, and direct recourse to the manufacturer does not occasion unreasonably high or additional expenses as compared to recourse to Domshop. |
| 8.8 | In the event of a minor defect the customer may request a price reduction, and any claims over and above such reduction shall be excluded. |
| 8.9 | Domshop shall only be liable for damages caused by it intentionally or through gross negligence. Where the customer is an entrepreneur in the meaning of the UGB, Domshop shall only be liable for damages caused intentionally. In this case, the customer, who is an entrepreneur in the meaning of the UGB, shall bear the burden of proving the alleged intentional behaviour of Domshop and the alleged damage caused thereby. Domshop shall only be liable for grossly negligent behaviour where such behaviour is so grave as to be tantamount to intentional behaviour. A customer who is an entrepreneur in the meaning of the UGB must prove that such grossly negligent behaviour is tantamount to intentional behaviour. Compensation for consequential damages or for any other material damages, pecuniary damages and third party damages is hereby expressly excluded. |
| 9. Special provisions for consumers: | |
| 9.1 | The conditions specified in this section shall apply to consumers in the meaning of the Consumer Protection Act. |
| 9.2 | Consumers have the right to withdraw from a contract concluded online with Domshop (i.e. contract conclusion by way of the web shop, e-mail, facsimile etc.) within seven days without stating reasons, provided that none of the exceptions to the right of withdrawal prescribed under section 5 Consumer Protection Act apply (i.e. in the case of unsealed audio or video recordings or software, or newspapers and magazines). Saturday shall not be deemed to be a working day. |
| 9.3 | In the case of products sealed with cellophane (DVDs, CDs, books, etc.), the right of withdrawal shall only apply if the packaging has not been opened or damaged. |
| 9.4 | Where the customer is a consumer, the withdrawal period commences once the customer has received the goods. To comply with the withdrawal period, it is sufficient to return the goods or to submit a written declaration of withdrawal; the postal date shall be applicable. |
| 9.5 |
The goods must be returned unused and in resalable condition in the original packaging to: Domshop St. Stephan Betriebsführungsgesellschaft m.b.H. Stephansplatz 1 u. 3 A-1010 Vienna Austria |
| 9.6 | In the case of goods which are not excluded from return by Domshop as prescribed in sections 9.2 and 9.3, and which are impaired by signs of use or where the packaging is damaged, or where accessories or other parts are missing, Domshop is entitled to retain reasonable compensation from the customer for the decrease in value. |
| 9.7 | The customer shall bear the cost of the return delivery. |
| 10. Data protection: | |
| 10.1 | The customer consents to the information provided by it being stored and processed in compliance with the Datenschutzgesetz ([DSG] Data Protection Act). The customer expressly consents to his/her details being entered into Domshop’s customer database and agrees to receive customer information unless and until such consent is withdrawn. The information will be treated confidentially by Domshop and will not be passed on to third parties, with the exception of payment transactions. |
| 10.2 | Any information obtained in the course of the order shall be obtained and electronically stored for the following purposes: Processing of orders, shipping, invoicing, preparation of statistics or marketing (excluding e-mail). |
| 10.3 | The customer consent to the receipt of information via e-mail; such consent may be withdrawn at any time. This consent is not a requirement for placing an order. |
| 11. Copyrights, software licences: | |
| 11.1 | The customer acknowledges that the books, image and sound storage media or software products, and other goods sold by Domshop are protected by copyright laws. The customer is expressly prohibited from reproducing, distributing or otherwise using such goods beyond the customer’s own private use. |
| 12. Credit card payments: | |
| 12.1 | Domshop uses an external service provider (mPAY24 GmbH) for credit card payments. |
| 12.2 | No credit card information is stored on Domshop’s computer systems. |
| 12.3 | Credit card information is transmitted to mPAY24 GmbH via a secure connection (SSL or SET). Domshop recommends the use of SET to customers for the highest possible level of security, but shall not in any case be liable for pecuniary damages caused to customers or third parties by using a credit card, except where occasioned by wilful intent or, in the case of customers who are consumers, by gross negligence. |
| 13. Choice of law, place of fulfilment and jurisdiction: | |
| 13.1 | Purchase contracts concluded with Domshop shall be governed exclusively by Austrian law, and the application of the UN Convention on Contracts for the International Sale of Goods shall be expressly excluded. |
| 13.2 | The first district of Vienna shall be deemed to be the place of fulfilment for shipping and payment and all of the customer’s obligations, even if the transfer of goods takes place at a different location in accordance with the agreement. |
| 13.3 | The first district of Vienna shall be agreed as the exclusive place of jurisdiction for all disputes arising from the purchase contract. |
| 14. Limitation of liability regarding electronic links: | |
| Where references are made to other internet sites in Domshop’s internet site (e.g. by means of hyperlinks), such references shall be for informational purposes only. Domshop shall not bear any liability whatsoever for the content of the sites referred to. | |
| 15. Language of contract: | |
| The language of the contract shall exclusively be German. | |
| 16. Extrajudicial mediation: | |
| Domshop recognises the Internet Ombudsman as an extrajudicial mediation body: Internet Ombudsman, Margaretenstrasse 70/2/10, 1050 Vienna; www.ombudsmann.at | |
| 17. Severance: | |
| Any contractual terms which are deemed by a court to be invalid shall as far as possible remain valid, together with the remaining, valid provisions, in accordance with their legal and economic purpose. | |
Status: 1 June 2009
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