General terms and conditions and consumer information in the context of sales contracts that are concluded via the online shop between Home 36 GmbH - hereinafter referred to as "seller" - and the end consumer - hereinafter referred to as "customer".
1 GENERAL, AStG
Contractual partners for everyone via the online shop www.home36.at contracts that are concluded
Home 36 Ltd
VAT number: ATU74775709
IBAN: AT56 1200 0100 2828 8875
These general terms and conditions in the version valid at the time of the order apply exclusively to the business relationship between the seller and the customer, unless otherwise agreed. Unless otherwise agreed, the inclusion of the customer's own conditions is contradicted.
The customer is a consumer insofar as he concludes the contract for purposes that are predominantly neither commercial nor self-employed.
3 CONCLUSION OF CONTRACT
The presentation of the goods does not constitute a binding contract offer. By sending an order, the customer makes a binding offer. The seller can then accept or reject this contract offer. Acceptance takes the form of 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. By clicking on 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 data at any time using the browser functions "Back" and "Next" shown as arrow keys. 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 acknowledgment of receipt by e-mail, in which the customer's order is listed again. The automatic acknowledgment 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 e-mail.
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 entering their personal data and selecting "Save my information and pay faster next time" or the customer can proceed to the checkout as a guest without creating a customer account. In this step, customers who are already registered can log in with their access data by clicking on the corresponding button.
Contract language is German.
At the end of the page, the customer transmits all the data of his order by clicking on the "Buy" button and submits a binding offer. A page will open 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 the statutory value-added tax, but no shipping costs. Any shipping costs will be indicated separately. In this regard, § 7 of these provisions applies.
6 SUBJECT MATTER
The subject matter of the contract are the goods and services specified by the customer in the context of the order and stated in the order and/or order confirmation at the prices stated in the online shop. Mistakes and mistakes are reserved there, especially with regard to the availability of goods.
The nature of the ordered goods results from the product descriptions in the online shop. Images on the website may not accurately reflect the products; Colors in particular can deviate significantly for technical reasons. Images are for illustrative purposes only and may differ from the product. Technical data, weight, dimensions and performance description are given as precisely as possible, but can show the usual deviations. The characteristics described here do not constitute defects in the products supplied by the seller.
7 SHIPPING & RETURN COSTS
Goods are delivered 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 cost of 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. For further questions regarding possible customs costs, please contact your local customs office.
8 RIGHT OF WITHDRAWAL OF THE CONSUMER IN ACCORDANCE WITH § 11 FAG
C RIGHT OF WITHDRAWAL
right of withdrawal
By law, you have the right to withdraw from this contract within 14 days without giving any reason.
The cancellation period is 14 days
a. from the date on which you or a third party other than the carrier and designated by you take 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 designated by you, who is not the carrier, takes 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 took possession of the last partial shipment or the last piece.
In order to exercise your right of withdrawal, you must inform us
HOME 36 GmbH Email: email@example.com
Tel: 0043 (0) 676 44 11 636
2700 Wiener Neustadt
by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the sample revocation form attached below, but this is not mandatory.
To meet the cancellation deadline, it is sufficient if you send the communication about exercising your right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within 14 days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will we charge you for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You have the goods immediately and in any case within 14 days at the latest from the day on which you inform us about the cancellation of this contract
zH Home 36 GmbH
to be returned or handed over. The deadline is met if you send back the goods before the period 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 bear the direct costs of returning the goods up to a maximum of €99.00.
You only have to pay for any loss in value of the goods if this loss in value is due to the handling of the goods that is not necessary to establish the nature, characteristics and functioning of the goods.
NOTE: The extent of a proper check depends on what handling of the goods would normally be possible or permitted in a shop.
Exceptions to the right of withdrawal
You have no right of withdrawal for goods that are manufactured according to CUSTOMER SPECIFICATIONS or are clearly tailored to personal needs and for goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene reasons, provided their seal has been removed after delivery .
End of cancellation policy
SAMPLE CANCELLATION FORM
If you want to revoke the contract, please fill out this form and send it back to:
Home 36 Ltd
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 consumer(s):
Signature of the consumer(s) (only if notified on paper) and date:
(*) Delete where not applicable.
9 RESERVATION 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 recognizable defects or deliveries that are recognisably incomplete or recognisably incorrect must be reported to us in writing immediately, at the latest 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 notification of defects is not made in good time, our delivery is deemed to have been approved.
Should a provision of these general terms and conditions be ineffective, this does not affect the remaining provisions. The relevant statutory provisions shall apply in place of the ineffective provision.
Austrian law applies.
The place of performance and place of jurisdiction, to the extent permitted by law, for deliveries and payments as well as all disputes arising between the parties is Vienna. In the case of 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 measurements. All images are symbolic photos, the actual design may change due to technical advances.