EE Handel GmbH, Praterstrasse 33/5, 1020 Wien, Austria. Version dated August 2018
1. Scope and Definitions
All business relationships between us, EE Handel GmbH, Praterstrasse 33/5, 1020 Wien, Austria (hereinafter referred to as “EE Handel”), and customers residing in Europe who use EE Handel’s Internet offerings including, but not limited to, EE Handel’s online shop shall be subject exclusively to the General Terms and Conditions set forth below in the version applicable at the time of ordering, unless agreed upon otherwise in writing. The customer’s general terms and conditions shall apply only if approved by EE Handel in writing.
A consumer in the sense of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
2. Offerings and Formation of Purchase Agreement
The presentation of products in EE Handel’s online shop shall not constitute a legally binding offer, but rather a non-binding invitation to place an order. Errors in the presentation shall be reserved. The right to customary deviations from the images and descriptions in EE Handel’s brochures, price lists and catalogues and to deviations that result from legal regulations or constitute technical improvements and the right to replace parts with equivalent parts so far as they do not compromise the usability of the respective product for the contractually agreed-upon purpose shall be reserved. The customer can move products to the virtual shopping cart with a click of the mouse. All products selected will be shown in the virtual shopping cart to enable the customer to review his/her order. By clicking the Purchase button, the customer submits a binding offer for the formation of a purchase agreement regarding the products previously moved to the virtual shopping cart. The customer shall be bound by said offer for the duration of the period indicated in the product description. The customer’s order shall be forwarded to EE Handel and the customer shall receive an electronic order confirmation by e-mail without undue delay. EE Handel expressly points out that an order confirmation does not constitute acceptance of the respective order; an agreement between the customer and EE Handel shall not be concluded until EE Handel has, within adequate time, sent an order confirmation by e-mail or has delivered the product(s) to the customer.
3. Product Availability and Delivery
In the online shop, the customer can see which products are available for immediate shipping, temporarily unavailable, or made-to-order. All products shall be subject to the delivery deadline indicated in the relevant product description. EE Handel delivers exclusively to mainland England. Delivery to English islands or overseas territories shall be excluded. Delivery shall be made to the delivery address provided by the customer. Such delivery address may deviate from the billing address. Where the customer has not provided a delivery address, delivery shall be made to the billing address. EE Handel shall have the right to make partial deliveries if and when such partial delivery
- is useful to the customer under consideration of the contractually agreed-upon purpose intended, and
- does not entail any material additional effort or additional costs for the customer.
If the ordered product is not available because we are not supplied with this product by our supplier for reasons for which we are not at fault, we may withdraw from the contract. In this case, we will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or the customer does not wish a comparable product to be delivered, we shall reimburse the customer immediately for any payments already made.
4. Transfer of Risk
If the customer is a consumer, the shipping risks shall be assumed by EE Handel irrespective of the shipping method. If the customer is a businessperson, risk shall pass to the customer as soon as EE Handel has handed over the products to the contracted forwarder or carrier or other delivery company appointed to execute the shipment.
If the customer is an entrepreneur, he must inspect the goods immediately without prejudice to statutory obligations to give notice of defects and notify the supplier of recognisable material defects without delay, at the latest within two weeks of delivery, in writing and unrecognisable material defects without delay, at the latest within two weeks of discovery. Deviations in quality, weight, size, thickness, width, equipment, pattern and colour which are customary in the trade, permissible in accordance with quality standards or minor are not defects. If the customer is an entrepreneur, we shall choose between repair or replacement of defective goods.
5. Pricing and Shipment
Costs All prices in EE Handel’s online shop are in Euros and include packaging and statutory VAT. Delivery from Austria to the customer shall be at the customer’s expense. Shipment costs as set forth in EE Handel’s terms of shipment shall be borne by the customer.
The purchase price shall become payable immediately upon placement of the order. The customer can pay by bank transfer. EE Handel’s bank information shall be provided to the customer on EE Handel’s invoice.
7. Retention of Title
EE Handel reserves title of ownership in the products delivered by EE Handel until the customer has paid the purchase price and, where applicable, the shipment costs in full.
8. Right of Revocation
Consumers who enter into a legal transaction for purposes which cannot be attributed predominantly to their commercial or self-employed activity shall have the right of revocation as set forth below.
Instructions Regarding the Right of Revocation Right of Revocation You have the right to revoke this agreement within 14 days without being required to give any reasons. Said 14-day revocation period shall commence on the date on which you or a third party appointed by you other than the carrier acquired possession of the last part of the delivery. To exercise your right of revocation, please mail, fax or e-mail a conclusive declaration stating your decision to revoke this purchase agreement to EE Handel GmbH; Praterstrasse 33/5, 1020 Vienna, Austria (firstname.lastname@example.org, phone: +43 664 35 68 084). You may, but are not required to, use EE Handel’s revocation form attached hereto. To comply with EE Handel’s terms of revocation, you must send your declaration regarding your decision to exercise your right of revocation before the revocation period expires.
If you revoke this agreement, EE Handel shall reimburse you for all payments received from you including delivery costs (except additional costs incurred if you selected a delivery method other than the most economical standard method offered by EE Handel) without undue delay and in any event no later than 14 days after the date on which EE Handel received your declaration of revocation of this agreement. For such reimbursement, EE Handel shall use the same payment method you used for paying for the product(s), unless otherwise expressly agreed with you in writing. In no case shall EE Handel charge you any amounts for such reimbursement. EE Handel shall have the right to withhold reimbursement until the earlier of the receipt of the product(s) by EE Handel or the provision of proof by you that you returned the product(s). You undertake to return by post or in person the product(s) to EE Handel without undue delay and in any event no later than 14 days after the date on which you informed EE Handel of your revocation of this agreement. You shall be deemed to have complied with such period if and when you send the product(s) before the expiry of the 14-day period. You shall bear the costs for the return shipment of the product(s). You will be liable to pay for any loss in value of the product(s) if and when such loss in value is attributable to your handling of the product(s) in a way that is not necessary in order to inspect the quality, features and/or functionality of the product(s).
The right of revocation shall not apply to agreements regarding delivery of products which have been produced according to a customer’s specifications or have been customized unambiguously to a customer’s personal requirements.
EE Handel’s liability for defects in materials shall be subject to the applicable legal regulations.
If the customer is an entrepreneur, he must inspect the goods immediately without prejudice to statutory obligations to give notice of defects and notify the supplier of recognisable material defects without delay, at the latest within two weeks of delivery, in writing and unrecognisable material defects without delay, at the latest within two weeks of discovery. Deviations in quality, weight, size, thickness, width, equipment, pattern and colour which are customary in the trade, permissible in accordance with quality standards or minor are not defects.
If the customer is an entrepreneur, we shall choose between repair or replacement of defective goods.
Without prejudice to the liability provisions of these General Terms and Conditions, material defects shall become statute-barred one year after the transfer of risk for customers who are entrepreneurs, unless longer periods are prescribed by law, in particular in the case of special provisions for the recourse of the entrepreneur. In the case of used goods, the warranty of customers who are entrepreneurs is excluded.
10. Dispute Resolution
Information regarding alternative resolution of disputes in consumer matters: EE Handel is not willing or obligated to participate in any dispute resolution before a consumer protection entity. Information regarding online dispute resolution: The EU Commission has established the Online Dispute Resolution (ODR) Platform as a point of contact for extrajudicial resolution of disputes regarding contractual obligations arising from online purchase agreements. The ODR Platform is accessible at http://ec.europa.eu/consumers/odr.
11. Changes to these General Terms and Conditions
We reserve the right to amend the General Terms and Conditions at any time with effect for the future in the event of ongoing contractual relationships.
The change takes place in the case of customers who are entrepreneurs, if it is reasonable for the customers and in the case that customers are consumers, only in the following cases:
- if the change serves to bring the General Terms and Conditions into conformity with the applicable law, in particular if the applicable legal situation changes;
- if the amendment serves us to comply with mandatory judicial or official decisions;
- if completely new services or service elements as well as technical or organizational processes require a description in the General Terms and Conditions;
- if the change is only advantageous for the customer.
In such a case, we will send the amended General Terms and Conditions at least two weeks before they come into effect to the e-mail address provided to us by the customer.
If a customer does not object to the new General Terms and Conditions within a period of two weeks after receipt of the e-mail, the amended General Terms and Conditions shall be deemed to have been accepted by him. We will inform the customer of the consequences of a failure to object with the notification of change.
If the customer objects to the validity of the new General Terms and Conditions within the period, we shall remain entitled to terminate the contractual relationship with the customer in due form and term. If no deadline is stated, a deadline of two weeks shall be considered reasonable.
The customers can also agree to amended General Terms and Conditions by means of an express declaration of consent.
12. Data Protection
13. Recording of the Contract
The customer can print the contract text before submitting the order to us by using the print function of his browser in the last step of the order.
We also send the customer an order confirmation with all order data to the e-mail address provided by the customer. With the order confirmation, but at the latest upon delivery of the goods, customers who are consumers shall also receive a copy of the General Terms and Conditions together with instructions on revocation and information on shipping costs as well as delivery and payment conditions. If customers have created a customer account, they can view your orders in your profile area. In addition, we save the contract text, but do not make it accessible on the Internet.
Customers who are entrepreneurs may receive the contract documents by e-mail, in writing or by reference to an online source.
14. Limitation of Liability
The following disclaimers and limitations of liability shall apply to our liability for damages, notwithstanding any other statutory prerequisites for any claims.
Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, representatives and vicarious agents.
We shall be liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which makes the proper performance of our contractual obligations possible in the first place and the compliance with which the contractual partners regularly rely on (so-called cardinal obligations). In this case, however, we shall only be liable for the foreseeable damage typical of the contract.
We shall not be liable for the slightly negligent breach of the obligations mentioned in the preceding sentences by others. We shall have unlimited liability insofar as the cause of the damage is based on intent or gross negligence. In the event of grossly negligent breach of duty by our vicarious agents, the aforementioned limitations shall apply to the slightly negligent breach of essential duties.
The foregoing limitations of liability shall not apply in the event of injury to life, limb or health, in the event of a defect after assumption of quality guarantees for the quality of a product and in the event of fraudulently concealed defects. Liability under the Product Liability Law remains unaffected.
15. Final Provisions
If the customer is an entrepreneur, subject to other agreements or mandatory statutory provisions, the place of performance is our registered office, while the place of jurisdiction is our registered office, if the customer is a merchant, a legal entity under public law or a special fund under public law, or if the customer does not have a general place of jurisdiction in our country of registered office. We reserve the right to choose another admissible place of jurisdiction.
In the case of entrepreneurs, Austrian law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods as long as there are no mandatory statutory provisions to the contrary.
The contract language is German and English.