GTC

General terms and conditions with customer information

Table of contents

1. 1 These General Terms and Conditions (hereinafter referred to as “GTC”) of the

Company name: VIENNA WORLD – Brigitte Peschel GmbH
Address: Römergasse 36 – 1160 Vienna
Mail: order@viennaworld.com

(hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services presented in the Seller’s online store. The inclusion of the customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity.

2. 1 The product descriptions contained in the seller’s online store do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated into the seller’s online store. After placing the selected goods or services in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The seller may accept the customer’s offer within five days,

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

If the customer selects prepayment as a payment method during the online ordering process, he also issues a payment order by clicking the button that concludes the order process. In this case, the seller already declares acceptance of the customer’s offer at the point in time at which the customer initiates the payment process by clicking the button that concludes the order process.

2.4 When submitting an offer via the seller’s online order form, the contract text is saved by the seller. In addition, the contract text is archived on the seller’s website and can be accessed free of charge by the customer via his password-protected customer account by entering the corresponding login data, provided that the customer has created a customer account in the seller’s online store before sending his order.

2.5 Before submitting a binding order via the seller’s online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button completing the ordering process.

2. 6 Only the German language is available for the conclusion of the contract.

2. 7 Order processing and contact are generally carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller’s instructions on withdrawal.

3.3 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract, unless the law of the state in which the consumer has his habitual residence provides for a right of withdrawal.

4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description. Delivery to Germany is subject to entertainment tax, which is payable by the customer.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4. 3 The payment option(s) will be communicated to the customer in the seller’s online store.

4. 4 Advance invoices that are not paid more than 14 days after invoicing will be charged € 15,- storage fee per week from the beginning of the 3rd week.
The goods will not be delivered until this fee has been received. If the order is canceled, a processing fee of € 20 will be charged.

5.1 Unless otherwise agreed, goods shall be delivered by dispatch to the delivery address specified by the customer.

5.2 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or company otherwise designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall not pass until the goods are handed over to the customer or a person authorized to receive them. Notwithstanding the above, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or company otherwise designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or the person or company otherwise designated to carry out the shipment and the seller has not previously named this person or company to the customer.

5.3 In the case of self-collection, the seller shall first inform the customer by e-mail that the goods ordered by him are ready for collection. After receiving this e-mail, the customer can collect the goods from the seller’s registered office by arrangement with the seller. In this case, no shipping costs will be charged.

6.1 In relation to consumers, the seller reserves the right of ownership of the delivered goods until the purchase price owed has been paid in full.

6.2 The Seller shall retain title to the goods delivered to entrepreneurs until all claims arising from an ongoing business relationship have been settled in full.

6.3 If the customer acts as an entrepreneur, he shall be entitled to resell the goods subject to retention of title in the ordinary course of business. The customer assigns to the seller in advance all resulting claims against third parties in the amount of the respective invoice value (including VAT). This assignment shall apply irrespective of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The seller’s right to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the customer meets his payment obligations to the seller, is not in default of payment and no application for the opening of insolvency proceedings has been filed.

If the goods or services are defective, the provisions of the statutory warranty shall apply. Deviating from this applies:

7.1 For entrepreneurs

7.2 The above limitations of liability and shortening of the limitation period do not apply

7.3 Furthermore, the obligation to give notice of defects according to § 377 UGB applies to entrepreneurs, otherwise they can no longer assert claims for warranty, for damages due to the defect itself or due to an error regarding the absence of defects in the item.

The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

8.1 The Seller shall be liable without limitation for any legal reason

8.2 Any further liability of the seller is excluded.

8.3 The above liability provisions shall also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.

9. 1 The law of the Republic of Austria shall apply to all legal relationships between the parties to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

9.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract, unless the law of the state in which the consumer has his habitual residence provides for a right of withdrawal.

9.3 If the customer is an entrepreneur within the meaning of clause 1.2, the exclusive place of jurisdiction shall be the place of the Lessor’s registered office. For customers who are consumers, the following applies: The place of jurisdiction for actions brought by the trader against the consumer as well as for actions brought by the consumer against the trader is the consumer’s place of residence if the consumer is resident in the EU but not in Austria. If the consumer has his domicile or habitual residence in Austria, he can only be sued at the court in whose district the domicile or habitual residence is located; in this case, the entrepreneur can only be sued by the customer at his place of business, unless another place of jurisdiction is given by law.

10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://ec.europa.eu/consumers/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.