General terms and conditions
General terms of business (Terms and Conditions) of the oskari Ltd for the on-line shop www.trockene-schuhe.at
(Valid from 01.10.2014)
Möltalstrasse 55, 9813 Möllbrücke
1. General commercial condition
1.1. These terms of business of the oskari Ltd (in the following "shop assistant" called) are valid for all contracts which the customer concludes with the seller concerning in the online to shown products in the distant channel of distribution. Of the inclusion of conflicting or complementary conditions of the customer is contradicted. These are only valid without exception if they were recognized in particular cases by the shop assistant expressly in writing. Contract fulfilment actions of the shop assistant are not valid as an approval with conditions of the contract deviating from these Terms and Conditions.
1.2. Changes or additional agreements need to the validity of the written confirmation by representation-authorized people of the shop assistant and are valid only for the single commercial case. Employees of the shop assistant as well as before the order beginning announced Subcontractor are not authorized to agree on changes or on additional agreements to these Terms and Conditions.
1.3. Customers are for the purposes of the figure 1.1 consumers as well as enterprisers and a consumer is every natural person who closes a legal deal for a purpose which can be added neither her commercial ones nor her independent professional activity. Against it an enterpriser is every natural or legal entity or a having legal capacity personal society which acts by end of a legal business in exercise of the independent professional or commercial activity agree.
1.3. The delivery occurs exclusively to customer with residence and usual stay or place of business in Austria and Germany.
2. Contracting partner
The completion of contract happens with the oskari Ltd, 9821 Obervellach 182, Austria.
3. Products, offer and completion of the contract
3.1.1. The shop assistant acts in her on-line shop with high-quality shoe and boot dryer devices from different materials with accessories.
3.1.2. The shop assistant points out the fact that the illustrated product pictures can deviate in the catalogues or in the on-line shop from the actual presentation of the products (symbolic pictures). Slight optical divergences show no lack.
3.2. Completion of the contract
In the online-shop representations contained products do not constitute a legally binding offer of contract on the part of the seller, but are only a non-binding invitation to the customer, a legally binding purchase offer to be submitted. The seller is the receipt of the offer to the customer to confirm immediately in the electronic way. This represents still no acceptance of the offer of the customer. The seller is entitled to refuse acceptance of the order.
The acceptance of the order by the seller is performed by sending an order Confirmation by E- Mail within five working days from receipt of the order. After the expiry of this deadline, the customer shall no longer be offer to purchase bound. Can the seller an order not execute, because the ordered goods or service is not available or she accepts the offer of the customer, it shall notify the customer within five working days from the receipt of the order by E-Mail.
3.3. The ordering process
3.3.1. The customer can use the offer in writing via the online shop of the seller integrated online order. The customer has the option in the online shop by entering their personal data (Name, address, E-Mail address), as well as a self-chosen password to create a user account. In this case, the entered personal customer information solely for the purpose of easier and faster processing of future orders is stored and can be retrieved at any time by entering the E- Mail address and the chosen password. Furthermore, the customer has the option as a guest in any order, to enter data separately. In this case, there is no storage of customer details for future orders, so that at each new order a new entry is required.
3.3.2. The product selection is done by Clicking on the desired product and the button "In basket". By clicking the button "continue shopping" it will forward you to the product offerings. By clicking the button "proceed to checkout", the order process will continue. The customer receives an Overview of the items in your shopping cart and the product selection to change the number of products changes, or by Clicking on the "garbage basket-button", the selection clears. By clicking on the link "continue shopping" it will return the customer back to the product offerings. By clicking the button "proceed To checkout", the order process will continue. After registration or registration of the already registered customer, or entering the personal data as well as the billing address by the guest buyers and select the desired terms of delivery and terms of payment, gives the customer by Clicking on the button "place order" in the final step of the ordering process is a legally binding contract offer in relation to the Goods contained in the basket. The product selection can be up to sending the order at any time, be changed by the customer, the number of products changes, by Clicking on the "garbage basket-button" the selection deletes all the ordering process. In addition, all entries before the mandatory submission of the order once in a confirmation window and there may also be corrected. The customer agrees that prior to the binding submission of the order expressly States that he/she has read the terms and conditions and the cancellation policy. By submitting the order the customer accepts the terms and conditions as the legal relationship with the seller alone prevail. As soon as the order is completed, the customer will be notified. This is not an acceptance of the offer of the customer.
3.4. The order data and the invoice will be stored from the vendor and the costumers are able to access over the password-protected account, after sending his order, within a limited time (at least 6 months), in the online shop of the seller.
3.5. The order process and contact can be by E-Mail and automated order processing. The customer has to ensure that for the ordering process the given E-Mail address is correct, so from the seller sent E-Mails can be received. In particular, the customer has to ensure, that the use of SPAM Filters all of the seller or from a third commissioned authorized with the order process sent mail can be delivered.
3.6. The conclusion of the contract for the supply of Goods at a distance without the participation of the online shop:
3.6.1. The customer can make a legally binding offer in writing by E-Mail or letter or over the phone
3.6.2. The seller will confirm is the receipt of the offer to the customer immediately in the electronic way. This represents no acceptance of the offer to the customer. The seller is entitled to refuse acceptance of the order.
The acceptance of the order by the seller is performed by sending an order Confirmation by E- Mail within five working days from receipt of the order. After the expiry of this deadline, the customer shall no longer be offer to purchase bound. Can the seller not execute an order, because the ordered goods or service is not available or she accepts the offer of the customer, it shall notify the customer within five working days from the receipt of the order by E-Mail.
3.6.3. The order processing and contact are by E-Mail and automated order processing. The customer has to ensure for ordering process the E-Mail address is correct, so sent E-Mails by seller can be received. In particular, the customer has to ensure, that the use of SPAM Filters all of the seller or from a third commissioned authorized with the order process sent mail can be delivered.
4. Right of withdrawal
The following cancellation policy applies solely to consumers. Entrepreneurs have no right of withdrawal.
You have the right, to revoke the contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day, on which you or a named third party, who is not the carrier of the Goods, in possession have taken or has.
To exercise your right of cancellation, you must contact us
Mölltalstrasse 55, 9813 Möllbrücke
Tel.: +43 (0)664 243 70 42
By means of a unique Declaration (e.g. with the Post office sent letter or an E-Mail) about your decision this contract to revoke inform. You can use the attached sample withdrawal form, but this is not required.
To safeguard the withdrawal period it is sufficient that the communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period, is sent to us.
Consequences of the revocation
If you withdraw from this contract, all payments that we have received from you, including delivery costs (with the exception of the additional costs that arise from the fact that a type of delivery other than the offered by us, cheapest standard delivery), will be repayed immediately and at latest within fourteen days from the day, on which the revocation of this contract is received. For this repayment we use the same means of payment that you have, for the original transaction, unless we have been explicitly agreed with you otherwise.
You have return the Goods to us without undue delay and in any case at the latest within fourteen days from the day on which you tell us about the revocation of this contract The deadline is met if the Goods before the expiry of the period of fourteen days send. You bear the direct cost of returning the Goods. If the Goods are sent back freight collect, we are entitled to an appropriate amount to retain or to charge the customer.
You need to only arise for any diminished value of the Goods, if this value loss on one to test condition, properties and functioning of the Goods not necessary to deal with them.
Exclusion of the right of withdrawal
The consumer has no right of withdrawal of contracts for Goods,
Are according to customer specifications or clearly tailored to personal needs
after their delivery due to their nature, inseparably mixed with other items.
Please note that the following instructions are not a prerequisite for the effective exercise of the right of withdrawal
Please avoid damage and contamination of the product. Please send the goods if possible in original packaging with all accessories and with all packaging components back to us. If you not possess the original packaging, please provide suitable packaging for sufficient protection against transport damage. The loss, wear, damage or contamination of the packaging can be a compensation trigger, therefore a fall in the value of the Goods is connected, on a checking the condition, properties and functioning of the Goods not necessary to deal with them.
5. Prices and terms of payment
5.1. The prices quoted by the seller are final prices, i.e. they contain all price components including the statutory Austrian value added tax. Decisive for the invoice is issued, at the time of the order valid prices.
5.2. In the shop above selling prices are exclusive in the menu "delivery and returns" is broken down above shipping and handling fee.
5.3. The seller offers the customer either of the following payment options provided in the respective product description in the offer:
- Payment in advance by Bank Transfer
- Credit Card
More details about the individual payment options is the menu item "payment methods".
5.4. The payment is due within 7 days after the conclusion of the receipt on the account of the seller. The dispatch takes place only after receipt of payment or Receipt of a confirmation of payment with PayPal/credit card payment.
5.5. For the case of a default in payment - irrespective of fault on late payments – consumers default interest of 4 % p. a. and to entrepreneurs, late interest at 12 % p. a. as well as compound interest at the statutory rate will be charged. In addition, the customer in the event of erroneous payment obliged to notify the seller of any further beyond actual damage, in particular damage that arise due to non-payment of higher interest on possible loans of the seller incurred to replace, as well as all of your expended, to the appropriate collection of the debt is necessary expenses, such as attorney's fees and costs of collection agencies, to re-substantiate. Without prejudice to the assertion of further rights and claims the customer Company divisions investor according to § 458 UGB obliged to provide a lump sum in the amount of € 40.00 as compensation for operating costs.
5.6. The customer is to set off with own claims against the seller shall only then be entitled, if insolvency of the seller exists, or with the claim of the customer in a legal connection, its liability or the customer's claim is undisputed, legally established or recognized by the seller.
5.7. The customer may exercise a right of retention insofar as claims from the same contractual relationship. Is the customer an entrepreneur, a right of retention is expressly excluded.
5.8. The calculation is carried out in Euro.
5.9. A possible refund of your payments will be made on that cash, which you used with your order.
5.10. The entered data will not be stored by us, however, if necessary, with the respective payment provider.
6. Terms of delivery and shipment, delay in acceptance, transfer of risk
6.1. The delivery of Goods takes place on the shipping routes by the delivery service DPD to the address provided by the customer, insofar as no other agreement exists. At the completion of the transaction by the customer in orders via the online shop in the order stored address is relevant.
6.2. The delivery time within Austria is 2 – 10 business days, and to Germany 4 – 10 business days from receipt of payment or Receipt of confirmation of payment with PayPal/credit card payment. If an item is not in stock or can't be immediately delivered and the delivery time accordingly extend, it is pointed out on the product side separately to it.
6.3. Is a delivery to the customer not possible, so will the contracted delivery company send the goods back to the seller, whereby the customer is charged for the unsuccessful delivery. This does not apply if the customer is not responsible for the failed delivery.
6.4. If the customer is in default of acceptance, the seller shall be entitled, after setting a reasonable grace period to withdraw from the contract and use the goods elsewhere or consist that the contract is fulfilled. If the customer is responsible for the default of acceptance, he has to additionally damage to substitute to the seller by the delay of any damage incurred. An already transferred purchase price will be refunded minus transportation costs and of any of the seller compensation amount will be refunded.
6.5. If the customer is a consumer, the sending of the product on danger of the shop assistant occurs. In this case the danger for the loss or the damage of the product goes over only on the customer, as soon as determined the product to the customer is delivered by the carrier different third. If the customer is an enterpriser, the sending of the product on danger of the customer occurs, the customer bears i.e. the risk of the transport.
6.6. With pickup by the customer the seller informs the customer first by e-mail about the fact that the product is ready for the pickup. On receipt of this e-mail the customer can fetch the product after arrangement with the seller. If the ordered product is not fetched within 7 working days from the notification, the delay results enter and the shop assistant can withdraw alternatively after settlement of an adequate extension from the contract or exist on contract fulfilment. From this franchise possible compensation claims of the shop assistant remain untouched by acceptance delay in debt. With pickup by the customer no forwarding expenses are settled.
7. Retention of title
The delivered product remains up to the entire payment in the property of the seller. The customer bears the whole risk for the reservation product, in particular for the danger of the setting, the loss or the deterioration. By delivery by the seller, the customer resigns his demands towards third, as far as these originate from disposal of goods, up to the final payment of his obligations payment-half. The seller accepts this cession. The customer has to call his principals by request of the seller and inform the seller on time from the assignment. The assignment is to be made in the account books, notes of delivery, invoices, etc. for the buyer evident. If the customer is delayed with his payments towards the seller, detailed sales proceeds are to be selected with him and the customer has or pauses this only in the name of the seller. Possible claims against an insurer have resigned in the borders §15 contract of insurance law already to the seller.
It is agreed that no resignation of the contract lies in the assertion of the retention of title, except the seller explains the resignation of the contract expressly.
If the seller is making use of the retention of title and takes back the product, the credit occurs on account of the retention of title taking into account one of the camp duration, as well as the wear adequate prize reduction. The back transport of the product occurs at the expenses of the customer.
8. Liability for defects
8.1. If a lack of the purchase at the time of the handing is given over, the legal regulations are valid with the exception of the divergent regulations for enterpriser under point 8.3.
8.2. For consumers the period of limitation amounts for guarantee claims two years from delivery date. If the seller is to blame for the lack, the customer can demand compensation, instead of the assertion of guarantee claims within three years starting from knowledge date of damage and injuring party according to §933a ABGB.
8.3. For enterpriser is valid deviating from the law:
- The burden of proof for the presentation of a lack meets the customer.
- The period of limitation amounts a year from danger crossing date, within this term fault claims are to be asserted with other Preclusion judicially.
- An inessential lack founds basically no fault claims.
- The seller has the choice of the guarantee substitute.
- The costs of a fault removal carried out by third, the seller is in no case undertaken to substitute.
- The limitation does not begin once more, if within the scope of the liability for defects a spare delivery occurs.
8.4. If the customer is an enterpriser for the purposes of §1 UGB, the business investigation and rebuke duty meets him according to §377 UGB. In this case the customer is obliged to reprimand possible defects immediately after receipt of the delivery, at the latest within 5 working days, hidden defects within 3 working days after discovery, in writing. The rebuke is to be founded enough and to book with evidence. If the customer omits from the timely fault rebuke, the product is valid as approved.
8.5. The preceding regulations under figure 8.3 and 8.4 are valid equally, no matter whether claims are asserted because of the lack even from the title of the guarantee or the compensation according to §933a AGBG. The regulations of the figure 9 are valid for lack secondary damages without exception.
8.6. The guarantee is excluded with defects caused by the customer. This is in particular the case with improper use, false service or not approved repair attempts.
8.7. If the customer is a consumer, he is asked to complain delivered goods with evident damages in transit immediately to the delivery agent and to inform the seller or directly to inform the seller within 5 working days with not evident damages in transit, so that this can assert the damage with the assurance. If the customer of this obligation does not follow, this has no effects on his guarantee claims.
8.8. If the subsequent performance has occurred in the way of the spare delivery, the customer is obliged to send back the delivered product within 14 days to the seller on their costs. The return of the defective goods has to occur according to the legal regulations.
8.9. The cession of the fault claims of the customer is excluded.
8.10. Complaints on the basis of defects can be asserted to the following address:
Mölltalstrasse 55 , 9813 Möllbrücke
Tel.: +43 664 243 70 42
9. Damage liability
9.1. The seller sticks for every legal argument without limitation by the injury of the life, the body or the health, with intention or coarse carelessness, with guile and guarantee promise and if the liability according to compelling legal regulations, as for example to the product liability law, occurs.
9.2. Compensation claims for damages to property are excluded with only slightly careless causing. This is not valid for damages in from a consumer for the treatment for assumed things, as well as damages which have entered in the consumer business by an injury of the contractual main achievement duties.
9.3. Is valid for enterpriser (partly aberrantly):
- The shop assistant assumes except with intention no liability for indirect damages, escaped profit, interest losses, omitted savings, secondary damages and damages from claims of third.
- With coarse carelessness the liability for damages to property is limited after the height with the value of the goods delivery.
- The customer always has to adduce the evidence that the seller meets a fault, a burden of proof return is expressly excluded.
- Compensation claims are to be asserted within one year from knowledge by damage and injuring party, at the latest within 10 years from danger crossing, with other Preclusion judicially.
10. Data protection with the on-line shop
The use of personal data in the on-line shop occurs in accordance with the seller separately on the homepage published data protection explanation.
11. Applicable right, legal venue, Contract language
11.1. Austrian right is valid for all legal relations between the seller and the customer to the exclusion of the UN-purchase right arrangement and the reference norms of the international private law. With consumers this legal choice only in this respect, as the not lasted protection is valid by compelling regulations of the right of the state in which the consumer has his usual stay, is taken away.
11.2. If the customer is a consumer, is valid the legal venue. If the customer is, however, an enterpriser, legal entity of the public right or public law special property is an exclusive legal venue for all disputes from this contract for the seat of the enterpriser essentially responsible court in the land court parish Klagenfurt.
11.3. The language of contract is excluding German.
12.1. Should single regulations of the contract be ineffective including these regulations all or part or the contract should show a gap, the effectiveness of the remaining regulations or parts of such regulations remains untouched. This is not valid if the ineffective regulation regulates one of the main achievement duties. Instead of the ineffective or missing regulations the respective legal regulations step. From the fact that the seller does not exercise single or all the rights being entitled to her a renunciation of these rights cannot be derived.
12.2. With contract disagreements the seller accepts the Internet ombudsman and the association Austrian e-commerce quality mark as an extrajudicial arbitration place, this without renunciation of the well-arranged legal process.
Under following conditions the Internet ombudsman can be contacted with concrete discomfort upon an enterprise for the realization of an extrajudicial quarrel arbitration:
A payable contract closed on the Internet forms the basis of the complaint or, the complaint concerns questions of the e-commerce or Internet right or the data protection right, originator right or brand right (unequivocal, concrete relation to the Internet use must be given).
The complainant is a consumer and has his residence in Austria (for consumers from Germany the European Consumer Centre Germany, www.eu-verbraucher.de is as a partner enterprise responsibly).
The complaint opponent (seller) has his seat in an EU member state.
No judicial procedure is pending.
It was already tried to take up contact unsuccessfully to solve the problem with the complaint.
- The complainant maintains concrete legal claims towards the complaint opponent or denies from the complaint opponent maintained legal entitlements.
Details to the process manner with discomfort as well as to the expiry of a quarrel arbitration are of the website of the Internet ombudsman to infer www.ombudsmann.at/schlichtung.php
Model of Cancellation instruction
(If you want to revoke the contract, please fill out this form and send it back to us)
Tel.: +43 664 243 70 42
Here with I / we revoke (n) (*) from my/our (*) concluded contract about the purchase of the following goods (*) / the performance of the following service (*)
Appointed on (*) / received on (*)
Name of the consumer (s)
Address of the consumer (s)
Signature of the consumer (s) (only with communication on paper)
(*) stroke the Incorrect.