AGBs

General terms and conditions with customer information

Table of contents

1. scope 
2. conclusion of contract 
3. right of withdrawal 
4. Prices and terms of payment 
5. Delivery and shipping conditions 
6. retention of title 
7. Liability for defects (warranty) 
8. Special conditions for the processing of goods according to specific customer specifications 
9. Redeeming promotional vouchers 
10. Applicable Law 
11. place of jurisdiction 
12. Alternative Dispute Resolution

1) Scope

1.1 These general terms and conditions (hereinafter "GTC") of Martin Wöhry GmbH (hereinafter "seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer" ) concludes with the seller with regard to the seller in his goods presented in the online shop. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed. 

1.2 A consumer within the meaning of these Genera l Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self - employed. 

1.3 Entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with l egal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not represent binding o ffers on the part of the seller, but serve to enable the customer to submit a binding offer. 

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

2.3 The seller can accept the customer's offer within five days, - by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the customer is decisive, or - by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or - by asking the custo mer to pay after placing his order. If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent the offer 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 is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent. 

2.4 If you select a payment method offered by PayPal, the payment will be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22 - 24 Boulevard Royal, L - 2449 Luxembourg (herein after: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua /useragreement - full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax - full. If the customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at th e time the customer clicks on the button that completes the ordering process. 

2.5 If you select the "Amazon Payments" payment method, the payment will be processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L - 1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the payment method during the online ordering pro cess, by clicking the button that concludes the ordering process, he also issues a payment order to Amazon. 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 proces s by clicking the button that concludes the order process. 

2.6 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e - mail, fa x or letter) after the order has been sent. The seller does not make the contract text accessible beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's w ebsite and can be called up free of charge by the customer via his password - protected user account by providing the corresponding login data. 

2.7 Before submitting a binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The cust omer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process. 

2.8 German and English are available for the conclusion of the contract. 

2.9 The order processing and contact usually takes place via 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 thi s address. In particular, when using SPAM filters, the customer must ensure that all e - mails sent by the seller or by third parties commissioned to process the order can be delivered

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal. 

3.2 Further information on the right of cancellation can be found in the seller's cancellation policy.

4) Prices and terms of payment

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description. 

4.2 The payment option(s) will be communicated to the customer in the seller's online shop. 

4.3 Payment via "Mollie" If you select a payment method that is offered via "Mollie", the payment will be processed via the payment service provider Mollie B.V. (Keizersgracht 126, 1015 CW Amsterdam, The Netherlands; "Mollie"). 

The individual payment methods via "Mollie" are display ed to you under a correspondingly designated button on our website and in the online ordering process. "Mollie" can use other payment services to process payments; if special terms of payment apply, you will be informed of these separately. For more inform ation on "Mollie" visit https://www.mollie.com 

4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date. 

4.5 If a payment method offered via the "PayPal" payment service is selected, the payment is processed via PayPal, whereby PayPal can also use the services of third - party payment service providers for this purpose. If the seller also offers payment methods via PayPal in which he pays the custom er in advance (e.g. purchase on account or payment by installments), he assigns his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's declaration of assig nment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the selected payment method in the event of a negative test result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, he can only pay to PayPal or the payment service provider commissioned by PayPal with debt - discharging effect. However, even if the claim is assigned, the seller remains responsible for general customer inquiries, e.g. B. to the goods, delivery time, shipment, returns, complaints, cancellation declarations and shipments or credits. 

4.6 If the " SOFORT" payment method is selected, the payment will be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an act ivated online banking account for participation in "SOFORT", identify himself accordingly during the payment process and confirm the payment order to "SOFORT". The payment transaction is carried out immediately afterwards by "SOFORT" and the customer's ban k account is debited. The customer can access more detailed information on the "SOFORT" payment method on the Internet at h https://www.klarna.com/sofort/ .

5) Delivery and shipping conditions

5.1 If the seller offers to ship the goods, the delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive. 

5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller's cancellation policy applies to the return costs. 

5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accident al deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment. If the customer acts as a consume r, the risk of accidental loss and accidental deterioration of the goods sold only passes when the goods are handed over to the customer or an authorized recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer for consumers as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment, if the Customer has commissioned the forward ing agent, carrier or other person or institution responsible for carrying out the shipment and the seller has not previously named this person or institution to the customer. 

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to himself. This only applies in the event that the seller is not responsible for the non - delivery and has concluded a specific hedging transaction with the supplier with due diligence. The seller will use all reasonable effo rts to procure the goods. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately. 

5.5 Collection by the customer is not possible for logistical r easons.

6) Retention of title

If the seller pays in advance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

7.1 Unless otherwise stated in the following regulations, the statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods: 

7.2 If the customer acts as an entrepreneur, - the seller has the choice of the type of supplementary performance; - in the case of new goods, the limitation period for defects is one year from delivery of the goods; - in the case of used goods, the rights and claims due to defects are excluded; - the statute of limitations does not begin again if a replacement delivery is made as part of the liability for defects. 

7.3 The limitations of liability and reductions in deadlines set out above do not apply 
- for claims for damages and reimbursement of expenses by the customer, 
- in the event that the seller has fraudulently concealed the defect, 
- for goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness, 
- for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the deli very of goods with digital elements. 

7.4 In addition, it applies to entrepreneurs that the statutory limitation periods for any existing statutory right of recourse remain unaffected. 

7.5 If the customer acts as a consumer, he is asked to complain to the d eliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.

8) Special conditions for the processing of goods according to specific customer specifications

8.1 If, according to the content of the contract, the seller owes not only the delivery of goods but also the processing of the goods according to specific specifications of the customer, the customer mus t provide the seller with all content required for processing such as texts, images or graphics in the file formats, formatting, image specified by the seller - and file sizes and to grant him the necessary rights of use. The customer is solely responsible for the procurement and the acquisition of rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, he ensures that no rights of third parties are violated, in particular copyrights, trademarks and personal rights. 

8.2 The customer indemnifies the seller against third - party claims that they may assert against the seller in connection with a violation of their rights through the contractual use of the customer's content by the seller. The customer also assumes the nec essary costs of legal defense, including all court and attorney's fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the se ller with all information that is necessary for the examination of the claims and a defense without delay, truthfully and completely. 

8.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose vio lates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti - constitutional, racist, xenophobic, discriminatory, insulting, youth - endangering and/or violence - glorifying content.

9) Redemption of prom otional vouchers

9.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's onlin e shop and only in the specified period. 

9.2 Individual products can be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher. 

9.3 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible. 

9.4 Several campaign vouchers can also be redeemed for one order. 

9.5 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refund ed by the seller. 

9.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference. 

9.7 The balance of a promotional voucher will neither be pa id out in cash nor will interest be paid. 

9.8 The campaign voucher will not be refunded if the customer returns the goods paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal. 

9.9 The promotional vouc her is transferrable. The seller can pay with discharging effect to the respective owner who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non - authorizatio n, the legal incapacity or the lack of the right to represent the respective owner.

10) Governing Law

The law of the Republic of Austria applies to all legal relationships between the parties, excluding the laws on the international purchase of movable g oods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

11) Jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law based in the sovereign territory of the Republic of Austria, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller. If the customer is based outside of the territory of the Republic of Austria, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed t o the customer's professional or commercial activity. In the above cases, however, the seller is always entitled to appeal to the court at the customer's registered office.

12) Alternative Dispute Resolution

12.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link : https://ec.europa.eu/consumers/odr 

his platform serves as a contact point for the out - of - court settlement of disputes arising from online purchase or service contracts in which a consume r is involved.

12.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.