Terms and Conditions with Customer Information
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Scope
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Offers and service descriptions
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Ordering process and conclusion of contract
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Prices and shipping costs
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Delivery, stock availability
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Payment terms
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Retention of title
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Customer account
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Defect warranty and guarantee
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Liability
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Storage of the contract text
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Final provisions
1. Scope
1.1. For the business relationship between egpromotion GmbH, Heizhausgasse 1, 5500 Bischofshofen (hereinafter referred to as the „Seller“) and the customer (hereinafter referred to as the „Customer“) shall be governed exclusively by the following General Terms and Conditions in their version in force at the time of the order.
1.2. A consumer for the purposes of these terms and conditions is any natural person who enters into a legal transaction for a purpose that cannot be predominantly attributed to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity, acting in the exercise of their commercial or independent professional activity when concluding a legal transaction.
1.3. The customer's deviating terms and conditions shall not be recognised unless the seller expressly agrees to their validity.
2. Quotes and Service Descriptions
2.1. The presentation of products in the online shop does not constitute a legally binding offer but rather an invitation to place an order. Service descriptions in catalogues and on the seller's websites do not have the character of an assurance or guarantee.
2.2. All offers are valid „while stocks last“, unless otherwise stated with the products. Errors and omissions excepted.
3. Ordering Process and Conclusion of Contract
3.1. The customer can select products from the seller's range without obligation and add them to their shopping basket by clicking on the button Add to basket to collect in a shopping basket. Within the shopping basket, the product selection can be changed or deleted. Afterwards, the customer can within the shopping basket via the button Proceed to checkout To complete the ordering process.
3.2. About the button [Order now and pay] the customer submits a binding offer to purchase the goods in the shopping basket. Before submitting the order, the customer can change and view the data at any time.
3.3. The seller will then send an automatic confirmation of receipt by e-mail, which lists the order again. This confirmation merely documents the receipt of the order and does not constitute acceptance. The purchase contract is only concluded when the seller dispatches the ordered product within 2 days or confirms the dispatch by e-mail within 2 days.
3.4. For customers who are business entities, the acceptance period is seven days.
3.5. In the case of advance payment, the contract is concluded upon provision of the bank details and payment request. If payment is not made within 10 calendar days of the order confirmation, the seller shall withdraw from the contract.
4. Prices and shipping costs
4.1. All prices include the respective valid statutory value-added tax.
4.2. In addition, shipping costs will be charged, which will be clearly displayed during the ordering process and on an information page.
5. Delivery, availability of goods
5.1. For advance payment, delivery will be made upon receipt of payment.
5.2. If delivery fails despite three attempted deliveries due to the buyer's fault, the seller can withdraw from the contract. Payments already made will be refunded.
5.3. If the goods are unavailable due to supplier failure through no fault of their own, the seller may withdraw from the contract and, if applicable, offer comparable goods.
5.4. Customers will be informed about delivery times and restrictions.
5.5. For businesses, the risk of accidental loss passes to the buyer as soon as the goods are handed over to the carrier.
5.6. Delivery delays due to force majeure or unforeseeable events temporarily release entrepreneurial customers from their payment obligation; a reasonable grace period must be granted.
6. Payment terms
6.1. Customers select from the offered payment options before completing their order.
6.2. When paying by invoice, the invoice must be settled within 30 days of receipt; other payment methods are made in advance.
6.3. When using third-party providers (e.g. PayPal), their terms and conditions apply.
6.4. In the event of late payment, the customer shall automatically be in default and liable for default interest.
6.5. Further damages for delay are reserved.
6.6. Set-off and the right of retention shall only be permissible in respect of legally established or acknowledged claims.
7. Retention of Title
The goods remain the property of the seller until paid for in full. Business customers should note the extended provisions regarding retention of title, insurance, processing, resale and assignment of claims.
8. Customer Account
8.1. The seller provides customers with an account where order information is stored.
8.2. Customers can also order as a guest, without an account.
8.3. Customers are obliged to keep their details truthful at all times.
8.4. The use of the customer account must be in accordance with the terms and conditions and legal provisions; bot access is prohibited.
8.5. Customers are responsible for the content they upload.
8.6. Customer accounts may be terminated at any time; the seller may terminate with two weeks' notice.
8.7. After termination, the stored information is no longer available; customers must back up their own data.
9. Warranty for Material Defects and Guarantee
9.1. Statutory provisions apply.
9.2. Warranty only exists if expressly agreed.
Commercial customers must inspect goods immediately and report defects within two weeks.
9.4. Business customers choose between rectification or replacement.
9.5. Defects generally become time-barred after one year for business customers, unless otherwise prescribed by law.
9.6. Costs for installation or attachment of defective goods will only be reimbursed upon express agreement.
10. Liability
10.1. Liability is governed by statutory provisions.
10.2. Unlimited liability in cases of intent or gross negligence.
10.3. Limited liability for slightly negligent breaches of duty, only for foreseeable, contractually typical damage.
10.4. The exclusion does not apply to injury to life, body, health, warranty, or fraudulently concealed defects.
10.5. Restrictions also apply to the personal liability of employees, representatives and agents.
11. Storage of the Contract Text
11.1. Customers can print the contract text before submitting it.
11.2. Order confirmation will be sent by e-mail; General Terms and Conditions and cancellation policy will be enclosed.
11.3. Business clients can receive contract documents via email, in writing, or from an online source.
12. Final Provisions
12.1. For businesses: The place of performance and jurisdiction shall be the seller's registered office, insofar as this is legally permissible.
12.2. For entrepreneurs, the law of the Republic of Austria shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
12.3. The contract language shall be German.
12.4. Online Dispute Resolution (ODR) Platform for Consumers: http://ec.europa.eu/consumers/odr/.