Conditions
TERMS AND CONDITIONS WITH CUSTOMER INFORMATION
1. Scope
2. Conclusion of contract
3. Right of withdrawal / right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Liability for defects
7. Applicable law/place of jurisdiction
8. Information on online dispute resolution
1. Scope
1.1 These General Terms and Conditions (hereinafter "GTC") from Dragan Mihajlovic (hereinafter "Seller") apply to all contracts that a consumer or entrepreneur (hereinafter "Customer") has with the Seller regarding the goods presented by the Seller in his online shop and/or completes services. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that are not part of the operation of their company. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a legal partnership that concludes a legal transaction for purposes that are part of the operation of their company.
2. Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but rather serve to make a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated in the seller's online shop. After entering their personal data, the customer submits a legally binding contractual offer with regard to the goods and/or services contained in the shopping cart by clicking on the button that completes the ordering process. The customer can also make the offer to the seller by telephone or email.
2.3 The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by asking the customer to pay after placing their order.
If several of the aforementioned alternatives are present, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.4 If the customer selects "PayPal Express" as the payment method as part of the online ordering process, he also issues a payment order to his payment service provider by clicking the button that completes the ordering process. In this case, in deviation from Section 2.3, the seller declares acceptance of the customer's offer at the point in time at which the customer initiates the payment process by clicking on the button that completes the ordering process.
2.5 The deadline for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer.
2.6 When submitting an offer via the seller's online order form, the contract text is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after sending his order along with these general terms and conditions. However, the contract text can no longer be accessed by the customer via the seller's website after the order has been sent.
2.7 Before bindingly submitting the order via the seller's online order form, the customer can continually correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the order is bindingly submitted and can also be corrected there using the usual keyboard and mouse functions.
2.8 Only the German language is available for concluding the contract.
2.9 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address he provided to process the order is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3. Right of withdrawal / right of withdrawal
Consumers generally have a right of withdrawal/cancellation. Further information can be found in the seller's cancellation policy.
4. Prices and payment terms
4.1 The prices stated by the seller are total prices and include statutory sales tax. Any additional delivery and shipping costs that may arise will be stated separately in the respective product description.
4.2 Various payment options are available to the customer, which are specified in the seller's online shop.
4.3 If advance payment has been agreed, payment is due immediately after conclusion of the contract.
4.4 If you select the payment method "PayPal", payment will be processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg under the PayPal Terms of Use, which can be viewed at https:// www.paypal.com/de/webapps/mpp/ua/useragreement-full. This requires, among other things, that the customer has opened a PayPal account or already has such an account.
5. Delivery and shipping conditions
5.1 Goods are delivered by shipping to the delivery address specified by the customer, unless otherwise agreed.
5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer will bear the costs for the unsuccessful shipping. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller informs him the service had been announced a reasonable time in advance.
5.3 When collecting the goods himself, the seller first informs the customer that the goods he has ordered are ready for collection. After receiving this message, the customer can pick up the goods at the seller's headquarters after consultation with the seller. In this case, no shipping costs will be charged.
6. Liability for defects
If there is a defect in the purchased item, the statutory regulations apply.
7. Applicable law/place of jurisdiction
7.1 Austrian law applies to all disputes arising from this contract, including the validity of the contract itself, excluding the reference standards and the UN Convention on Contracts for the International Sale of Goods. As far as consumers are concerned, this does not affect the mandatory provisions granted by the law of the country in which they have their habitual residence.
7.2 If the customer is an entrepreneur within the meaning of Section 1.2, the exclusive place of jurisdiction is agreed to be the location of the seller's registered office.
8. Information on online dispute resolution
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
We are not obliged to take part in a dispute resolution procedure before a consumer arbitration board, but are generally willing to do so.