Terms & Conditions
The following Terms & Conditions contain legal information about your rights according to the regulations of contracts during E-Commerce.
For further questions send an email to firstname.lastname@example.org or use the contact form down below.
1. Scope of Application
1.1. For the business connection between Manuel Essl Design KG (Münzgrabenstraße 5, 8010 Graz, Austria -> following „shop assistant“) and the customer (following „customer“) the following general terms of business are valid in the version valid at the time of the order.
1.2. For questions, complaints and objections you can reach us on weekdays from 9.00 a.m. to 5.00 p.m. by phone via +43 664 4567264 as well as by email via email@example.com.
1.3. Customer for the purposes of these Terms and Conditions is every natural person who closes a legal deal (§13 Austrian Civil Code).
1.4. Divergent conditions of the customer are not recognised, unless the shop assistant agrees to the customers validity explicit in writing.
2. Offers and Specification of Services
2.1. The representation of the products in the online shop shows no juridically binding offer, but a request on the delivery of an order. Specification of services in catalogues as well as on the websites of the shop assistant do not have the character of an assurance or guarantee.
2.2. All offers are valid „while stock lasts“ if nothing other is mentioned at the products pages. By the way, errors and omissions excepted.
3. Order Process and Contract Closing
3.1. The Customer can choose the products they want to order by clicking on the button “add to cart”. They can edit their cart at any time of the order process by changing the quantity or clicking on the “X” button (“remove”) to remove the product.
3.2. The customers see an overview of their order: the chosen products, their billing and shipping address as well as their shipping and payment method.
3.3. With the button "confirm & place order" the customer submits an obliging offer for the purchase of the goods placed in the cart. Before sending of the order the customer can change and see the data at any time. Necessary information is marked with a starlet (*).
3.4. After placing the order the customers are going to receive an email confirming their order was successful. The automatic comfirmation documents only that the shop assistant received the order of the customer but shows no acceptance of the application.
The agreement for sale comes about when the shop assistant has dispatched the order to the customer or has confirmed the dispatch to the customer within 2 days with the second e-mail, with an explicit confirmation of the order or by sending of the invoice.
3.5. Should the shop assistant allow a precash payment, the contract comes about with the supply of the bank data and request for payment. If the shop assistant hasn't received the payment within 10 running days of placing the order, the contract falls through and the shop assistant has no duty of delivery. Then the order is finished for the buyer and shop assistant without other results. Hence, a reservation of the goods on precash payments occurs at the latest for 10 running days.
4. Prices & Shipping Costs
4.1. The prices stated on the product pages include the Austrian legal VAT. The prices do not include shipping costs though.
4.2. In addition to the stated prices we charge the customers for the shipping in the European Union. The shipping costs will be stated clearly in the checkout. You can also find them at the "SHIPPING & RETURNS" site.
5. Delivery, Product Availability
5.1. If the product ordered by the customer is not in stock at the time of the order, the shop assistant informs the customer of this in the confirmation of the order. If the product is not available permanently, the shop assistant refrains of an order acceptance. In this case a contract falls through.
5.2. In case of a delivery delay of more than two weeks the customer has the right to withdraw from the contract. In this case the shop assistant is also allowed to cancel the contract. Then the shop assistant will immediately refund already placed payments of the customer. As far as precash is agreed, the delivery occurs after receipt of payment.
6. Terms of Payment
6.1. The customer can choose within the scope of the order process from the available payment methods.
6.2. If the purchase on account is possible the payment has to occur within 30 days on receipt of the product and the invoice (for the time we don't offer that). With all other payment methods the payment has to occur in advance without discount.
6.3. If third parties are instructed with the payment method, e.g., Paypal, their general terms are valid.
6.4. If the time for payment is determined on the calendar, the customer is in event of default by missing the appointment. In this case the customer has to pay default charges at the rate of 5 of the base interest rate.
6.5. The obligation of the customer to the payment of default charges does not exclude the assertion of other delay damages by the shop assistant.
6.6. A right to the compensation is entitled to the customer only if his counterclaims are ascertained legally or are approved by the shop assistant. The customer can use a retention right only, as far as the claims from the same contractual relationship.
7. Reservation of Title
7.1. Up to the entire payment the delivered goods remain in the property of the shop assistant.
8. Latent Defects and Warranty
8.1. The guarantee determines itself according to legal regulations.
8.2. A guarantee exists with the goods delivered by the shop assistant only if this was delivered explicit.
9.1. The following disclaimers of liability and limitations are valid regardless of the other legal claim conditions for a liability of the shop assistant on compensation.
9.2. The shop assistant sticks unrestrictedly, as far as the damage cause is based on intention or coarse carelessness.
9.3. Further the shop assistant sticks for the slightly careless infringement of essential duties whose infringement endangers the reaching of the contract purpose, or generally only allows for the infringement of duties, which fulfilment the proper realisation of the contract and trusts in their observance the customer regularly. Nevertheless, in this case the shop assistant sticks only for the predictable damage for the contract. The shop assistant does not stick for the slightly careless infringement more different than the duties called in the preceding sentences.
9.4. The preceding restrictions of liability are not valid by injury of life, body and health, for a lack after takeover of a guarantee for the state of the product and with cunningly hidden defects. The liability according to the product liability law remains untouched.
9.5. As far as the liability of the shop assistant is excluded or is limited, this is also valid for the personal liability of employees, representatives and fulfilment assistants.
10. Revocation Policy
10.1. Revocation by explicit written explanation & by simply returning the goods
Every customer is able to return items within 14 days of receiving the order. He can do that by simply returning the goods or sending a withdrawal letter by email or by post (within 14 days of receiving the order – keep the receipt of the postage!).
The customer need to carry the postage for the return. In case of the product was damaged when arriving at the customer or the customer received a wrong product the supplier will carry the postage.
It is necessary that the goods are unused and not damaged. In case of it is not the customer will need to pay for the use of the product or for the damage of the product (maximal amount is the total amount of the product).
The shipping costs of the order won’t be refunded.
Send the return delivery to the following address:
Manuel Essl Design KG, Münzgrabenstraße 5, 8010 Graz, Austria
11. Pointer to the Exclusion of the Revocation Policy
11.1. Withdrawal is not valid for orders of customized products.
12.1. Customers are bidden to report the return to us in advance. Thus a quick processing will be possible.
12.2. Customers are asked for keeping the receipt of the returned consignment in case of any problems.
12.3. Customers are asked for avoiding damages at the goods. The goods should be packed in the original packaging, wear the tag and should contain all the accessories that came with the product. In case of the original wrap is not in property of the customer anymore, the customer should find an alternative wrap suitable for a safe transport.
12.4. The terms mentioned in this paragraph (No. 12) of the Terms & Conditions are no requirements for the Revocation Policy (No. 10).
13. Storage of the Contract Text
13.1. The shop assistant stores the contract text of the order. The Terms and Conditions are online retrievable.
13.2. Moreover, the shop assistant sends an order confirmation with all order data to the e-mail address of the customer.
14.1. The shop assistant processes personal data of the customer appropriated and according to the legal regulations.
14.2. Personal data stated for the purpose of the order of goods (as for example name, e-mail address, address, payment data) are used by the supplier to the fulfilment and winding up the contract. These data are treated confidentially, transferred encrypted and are not transmitted to third parties which are not involved in the order process, delivery process and payment process.
14.3. The customer has the right to receive information about the personal data which were stored by the shop assistant about him at request free of charge. In addition the customer has the right on correction of wrong data and blockage or deletion of his personal data as far as there is no legal duty to preserve records.
14.4. Further information about type, scope, place and the purpose of the elevation, processing and use of the
necessary personal data by the shop assistant is found in the privacy
15. Place of Jurisdiction, Applicable Right, Language of Contract
15.1. Court state and place of fulfilment is the place of residence of the shop assistant if the customer is the legal entity of the public right or public law special property.
15.2. The law of the Republic of Austria is applied. This is not valid if compelling consumer protection regulations of such a use are opposed to.
15.3. The language of contract is German.