§ 1 Scope of application, contract language
(1) The present terms and conditions (GTC) apply to the contracts concluded between you and us, i.e. Mag. Stephan Herschel, Schaffnerweg 8, A-4852 Weyregg, via this website, via email and by telephone.
(2) The language available for the conclusion of the contract is exclusively German. Translations of these terms and conditions into other languages are for your information only. In the event of any differences between the language versions, the German text shall take precedence.
§ 2 Applicable law, mandatory consumer protection regulations
Austrian law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods, if (a) you have your habitual residence in Austria, or (b) your habitual residence is in a state that is not a member of the European Union. In the event that you have your habitual residence in a member state of the European Union, the applicability of Austrian law also applies, whereby mandatory provisions of the state in which you have your habitual residence remain unaffected.
§ 3 Conclusion of contract
(1) The presentation of the goods on our website does not constitute a legally binding offer, but an invitation to order (invitatio ad offerendum).
(2) By sending your email to order(at)unplugsticker.eu you submit a binding offer to purchase the ordered goods. After submitting the order you will receive an order confirmation, which represents the acceptance of your contract offer and thus a contract between you and us is concluded. Please check the SPAM-folder of your e-mail inbox regularly.
§ 4 Storage of the contract text
The contractual provisions with details of the goods ordered, including these General Terms and Conditions, the data protection declaration and the revocation instruction, will be sent to you by e-mail with the acceptance of the contractual offer or with the notification thereof. We will not store the contractual provisions.
§ 5 Terms of payment
The purchase price is due with our order confirmation. The payment of the goods is made by bank transfer as prepayment.
§ 6 Delivery conditions
We deliver the goods after receipt of payment. Any shipping costs are listed in the product description and will be shown separately on the invoice. The respective delivery times can be seen on the order page.
§ 7 Right of withdrawal
As a consumer, you have a right of revocation in accordance with the information given in the appendix. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
§ 8 Warranty for purchases of goods
(1) Insofar as the goods purchased and delivered by you are defective, you are entitled within the framework of the statutory provisions to demand subsequent performance, to withdraw from the contract or to reduce the purchase price.
(2) The limitation period for warranty claims for the delivered goods is two years from receipt of the goods. Claims for defects which we have maliciously concealed shall become statute-barred within the regular period of limitation.
§ 9 Limitation of liability
We are liable for intent and gross negligence. Furthermore, we shall be liable for the negligent breach of obligations whose fulfilment is essential for the proper execution of the contract, whose breach endangers the achievement of the purpose of the contract and on whose compliance you as a customer may regularly rely. In the latter case, however, we shall only be liable for foreseeable damage typical for the contract. We are not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences. The above exclusions of liability shall not apply in the event of injury to life, body or health.
§ 10 Data protection
§ 11 Final provisions
(1) The terms and conditions written here are complete and conclusive. Amendments and supplements to these terms and conditions should be made in writing in order to avoid any ambiguity or dispute between the parties about the respective agreed content of the contract.
(2) As far as you had your residence or your usual place of abode in Austria at the time of the conclusion of the contract and either moved out of Austria at the time of the filing of the action by us or your residence or your usual place of abode is unknown at that time, the place of jurisdiction for all disputes is the registered office of our company in 4852 Weyregg.
(3) We would like to point out that, in addition to the ordinary legal process, you also have the possibility of an out-of-court settlement of disputes in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at the Internet address: http://ec.europa.eu/consumers/odr. We would like to point out that we are not obliged to take part in out-of-court dispute settlement proceedings before a consumer arbitration board.
right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The withdrawal period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took possession of the goods.
In order to exercise your right of withdrawal, you must inform us, i.e. Mag. Stephan Herschel, Schaffnerweg 8, A-4852 Weyregg, Email: office(at)herschel.co.at, Phone: +43-699-10292686, by means of a clear statement (e.g. a letter, fax or email sent by post) of your decision to withdraw from this contract. You may use the attached model revocation form for this purpose, but this is not mandatory.
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of the revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement.
For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
You must return or send back the goods to us, i.e. Mag. Stephan Herschel, Schaffnerweg 8, A-4852 Weyregg, Germany, immediately and in any case within 14 days from the day you inform us of the cancellation of this contract. The deadline is deemed to have been met if you dispatch the goods before the 14-day period has expired.
You bear the direct costs of returning the goods.
You only have to pay for a possible loss of value of the goods if this loss of value is due to a handling of the goods which is not necessary to check the condition, properties and functionality of the goods.
sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back).
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 the consumer(s):
Address of the consumer(s):
Signature of consumer(s) (only in case of paper notification):
(*) Delete as appropriate.