General terms and conditions and consumer information within the framework of purchase contracts concluded via the online shop between Home 36 GmbH - hereinafter "seller" - and the end consumer - hereinafter "customer".
1 GENERAL, AStG
Contractual partner for everyone via the online shop www.home36.at contracts that come into being
Home 36 GmbH
VAT number: ATU74775709
IBAN: AT56 1200 0100 2828 8875
These general terms and conditions apply exclusively to the business relationships between the seller and the customer in the version valid at the time of the order, unless otherwise agreed. Unless otherwise agreed, the inclusion of the customer's own conditions is contradicted.
The customer is a consumer if he concludes the contract for purposes that cannot predominantly be attributed to his commercial or independent professional activity.
3 CONCLUSION OF CONTRACT
The presentation of the goods does not constitute a binding contractual offer. By submitting an order, the customer is making a binding offer. The seller can then accept or reject this contract offer. Acceptance occurs through an order confirmation or by sending the goods.
The ordering process in the seller's online shop works as follows:
The customer can select products from the seller's range and collect them in a so-called shopping cart using the “Add to Chart” button. By clicking on the “My Chart” button, the customer receives an overview of the selected products. Using the “Checkout” button, he submits a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the entered order and data at any time using the browser functions “Back” and “Next” shown as arrow buttons. The application can only be submitted and transmitted if the customer has accepted these contractual conditions by clicking on the “I agree with the terms and conditions.” button and thereby included them in his application. The seller then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again. The automatic confirmation of receipt only documents that the customer's order has been received by the seller and does not constitute acceptance of the application. The contract is only concluded when the seller submits the declaration of acceptance, which is sent in a separate email.
An order is possible for both registered customers and guest customers. The customer can register for the first time in the next step of the ordering process by providing their personal information and selecting "Save my information and pay faster next time" or the customer can checkout as a guest without creating a customer account. Customers who are already registered can log in in this step with their access data by clicking on the corresponding button.
The contract language is German.
At the end of the page, the customer submits all the details of their order by clicking on the “Buy” button and submits a binding offer. A page opens confirming the customer's order.
You can choose between the following payment methods:- PayPal
- Credit card
- eps transfer
- Payment in advance
The prices listed include VAT, but do not include shipping costs. Any shipping costs will be indicated separately. In this regard, Section 7 of these provisions applies.
6 SUBJECT OF THE CONTRACT
The subject of the contract are the goods and services specified by the customer as part of the order and mentioned in the order and/or order confirmation at the prices stated in the online shop. Errors and errors are reserved there, especially with regard to the availability of goods.
The nature of the goods ordered can be found in the product descriptions in the online shop. Illustrations on the website may only reflect the products inaccurately; Colors in particular can vary significantly for technical reasons. Images are for illustrative purposes only and may differ from the product. Technical data, weight, dimensions and performance descriptions are given as precisely as possible, but may contain the usual deviations. The characteristics described here do not represent defects in the products delivered by the seller.
7 SHIPPING & RETURN COSTS
Delivery of goods is subject to availability. The processing time is between 1 - 5 working days. The shipping costs will be communicated to the customer during the ordering process.
The costs for returning the order must be borne by the customer. Any customs costs incurred for delivery and returns from non-EU countries are not borne by the seller. If you have any further questions regarding possible customs costs, please contact your local customs office.
8 CONSUMER'S RIGHT OF WITHDRAWAL PURSUANT TO § 11 FAG
C RIGHT OF WITHDRAWAL
Right of withdrawal
By law you have the right to cancel this contract within 14 days without giving any reasons.
The cancellation period is 14 days
a. from the day on which you or a third party designated by you, other than the carrier, has or has taken possession of the goods OR
b. in the case of a contract for several goods as part of a single order, from the day on which you or a third party named by you who is not the carrier has or has taken possession of the last goods OR
c. in the case of a contract for the delivery of goods in several partial shipments or pieces, from the day on which you or a third party named by you who is not the carrier has or has taken possession of the last partial shipment or last piece.
In order to exercise your right of withdrawal, you must contact us
HOME 36 GmbH Email: email@example.com
Tel: 0043 (0) 676 44 11 636
2700 Wiener Neustadt
inform you of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). You can use the sample cancellation form attached below, although this is not mandatory.
To meet the cancellation deadline, it is sufficient if you send the notification of your exercise of the right of cancellation before the cancellation period expires.
Consequences of revocation
If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the cheapest standard delivery offered by us to be repaid immediately and at the latest within 14 days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will we charge you any fees for this repayment.
We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.
You will receive the goods immediately and in any case no later than 14 days from the day on which you notify us of your cancellation of this contract
atH Home 36 GmbH
to return or hand over. The deadline is met if you send the goods before the deadline of 14 days has expired.
You bear the direct costs of returning the goods if they can be returned by post due to their nature. For goods that cannot be returned by post, you will bear the direct costs of the return up to a maximum of €399.
You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
NOTE: The extent of a proper inspection depends on what handling of the goods would normally be possible or permitted in a business premises.
Exceptions to the right of withdrawal
You have no right of withdrawal for goods that are made to CUSTOMER SPECIFICATIONS or are clearly tailored to personal needs and for goods that are delivered sealed and are not suitable for return for health protection or hygiene reasons if the seal has been removed after delivery .
End of cancellation policy
SAMPLE CANCELLATION FORM
If you want to cancel the contract, please fill out this form and send it back to:
Home 36 GmbH
Wiener Straße 5 / G1
2700 Wiener Neustadt
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service:
Ordered on (*)/received on (*):
Name of consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only for paper notification) and date:
(*) Delete what is not applicable.
9 RETENTION OF TITLE
The delivered goods remain the property of the seller until full payment has been made.
10 WARRANTY AND LIABILITY
If goods are delivered with obvious transport damage, the customer is asked to contact the seller immediately. (firstname.lastname@example.org)
11 FINAL PROVISIONS
Notices of defects due to visible defects or due to clearly incomplete or clearly incorrect deliveries must be reported to us in writing immediately, no later than 2 days after receipt of the goods. The contractual partner bears the burden of proof for timely notification (notification of defects).
Other defects must be reported in writing immediately after they are discovered.
If the complaint is not made in a timely manner, our delivery is deemed to have been approved.
If a provision of these General Terms and Conditions is invalid, this will not affect the remaining provisions. The relevant statutory provisions apply in place of the invalid provision.
Austrian law applies.
To the extent permitted by law, the place of performance and jurisdiction for deliveries and payments as well as all disputes arising between the parties is Vienna. For end consumers, the place of performance and jurisdiction is the buyer's registered office.
Technical changes and typographical errors are reserved at any time. All measurements are approximate. All images are symbolic photos; the actual design may change due to technical developments.