General Terms of business
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The following General Terms and Conditions regulate the conditions under which natural and legal persons (hereinafter referred to as Users), can purchase the products offered by myProduct GmbH (hereinafter referred to as myProduct). Any deviation from the General Terms and Conditions will not be accepted, unless myProduct agrees to it in writing. The General Terms and Conditions further regulate the conditions for the use of the myProduct Shop Network as well as their supplementary online offers. These conditions for the use of the online portals offered by myProduct do not apply to the use by producers for the offer of products. Separate contractual provisions apply to this.
§2 CONTRACT PARTNER
Owner of the website and contractual partner for online orders is:
Company headquarter: A-3910 Zwettl, Karl Kastner-Straße 1
Office location: A-3300 Amstetten, Industriestraße 2
Company register number: FN 431059k
Commercial register court: Landesgericht Krems
Phone: +43 5 02240
VAT-Number Austria:: ATU69436808
Authority according to ECG: Bezirkshauptmannschaft Zwettl
Object of the company: Online trade - applicable regulation is the Trade Regulation Act; this can be viewed in the Federal Law Gazette.
Management: Rainer Neuwirth M.A, Kommerzialrat Christof Kastner and Mag. Herwig Gruber - Member of the Chamber of Commerce of Lower Austria; Specialist Group Online Trade. Any special professional regulations can also be found in the Federal Legal Information System (http://www.ris.bka.gv.at/)
Shareholders & participations:
60% KASTNER GroßhandelsgesmbH with registered office in Zwettl
20% Michael Schruef M.A.
20% Rainer Neuwirth M.A.
Line of business: Information and distribution of Austrian quality products
IBAN: AT92 2027 2000 0058 6396
§3 DESCRIPTION OF SERVICES
The use of the myProduct Shop-Network is free of charge for the User. myProduct makes itsShop-Network available to the Users in order to inform themselves about the products offered there, to purchase them, to rate them and to comment on them. The services of myProduct towards the Users refer to the presentation of the goods of individual producers, the handling of the order and payment process as well as the organization of the shipment of the products. myProduct organizes the shipment through a logistics service provider. Product pictures, which are used to describe the goods, are sample photos. These do not represent the article in every case true to life, but serve as an illustration. Depending on the screen used, colors and sizes in particular may be represented differently. Decisive is the description of the respective article.
The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. By clicking the button "order with costs" a binding order of the goods listed in the shopping cart is submitted. The confirmation of receipt of the order is sent together with the acceptance of the order immediately after sending an automated e-mail. With this e-mail confirmation the purchase contract is concluded. myProduct does not offer products for purchase by minors. By clicking the button "order with costs" it is furthermore confirmed that the legal minimum age for the purchase of the products (in particular alcohol) has been reached. The purchase contract is concluded with: myProductGmbH, Karl Kastner-Straße 1, 3910 Zwettl, UID.: ATU 69436808, company registration number: FN 431059k. The conditions for the purchase of offered products are governed exclusively by the general terms and conditions in the version valid at the time of order. The purchase agreement is stored by us and can be viewed at any time in the customer account by entering the order number. If you have ordered as a guest, it is available at "Shopdomain"/sales/guest/form. Please note that all quantities are only available in limited quantities and the available quantity, which is shown in the offers, may differ from the actual stock.
§5 CANCELLATION POLICY
You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods or, in the case of partial deliveries, the last delivery. In order to exercise your right of withdrawal, you must inform myProduct GmbH, Industriestraße 2, A-3300 Amstetten, phone: +43 5 02240, e-mail: firstname.lastname@example.org by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) or verbally (e.g. by telephone) of your decision to withdraw from this contract. You can use the attached sample cancellation form for this purpose. However, this is not mandatory. You can also fill out and submit this model cancellation form or another clear declaration electronically via the contact form on our website. If you make use of this option, we will immediately send you (e.g. by email) a confirmation of receipt of your revocation. To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
Sample cancellation form
(If you want to revoke the contract, please fill out this form and send it back) to myProduct GmbH, Industriestraße 2, A-3300 Amstetten, phone: +43 5 02240, e-mail: email@example.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/
--- Ordered on (*) Received on (*)
--- Name of the consumer(s)
--- Address of the consumer(s)
(*) Delete where not applicable
Consequences of cancellation: If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. In doing so, 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 the earlier. You must return or hand over the goods to us at your own expense without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You will 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 for the inspection of the condition, properties and functioning of the goods.
End of the cancellation policy
Note: You have no right of withdrawal for contracts for goods that are made to customer specifications or clearly tailored to personal needs or goods that spoil quickly (can) or whose expiration date is quickly exceeded, as well as for goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that their seal has been removed after delivery (eg period panties, pads, panty liners, etc.).
myProduct furthermore provides the Users with its Shop Network in order to use the integrated Community for the exchange of opinions, experiences and knowledge. myProduct operates its Shop Network according to the current state of the art. Temporary restrictions of the accessibility of the online portals due to technical disturbances, maintenance work or force majeure are unavoidable and do not represent a violation of the performance obligations by myProduct. myProduct will advertise, technically support and maintain its Shop Network to an appropriate extent at its own discretion. myProduct will endeavor to keep its Shop Network up to date with the current state of technology in the future. myProduct therefore reserves the right to change the appearance and the offered performance features of the Shop Network and the shopping platforms, to revise them or to replace them by other performance features and functionalities.
§7 PRICES AND SHIPPING COSTS
The prices at the time of the order apply. The prices listed on the product pages include the statutory VAT according to Austrian regulations and other price components. With the filling of the delivery address, the VAT rates are adjusted to the respective country of delivery. Prices are subject to change and errors excepted. In addition to the product price, the user has to pay the shipping costs. The shipping costs depend on the quantity of goods ordered, the shipping method and the delivery destination and will be clearly communicated in the ordering process before submitting the binding order. For products shipped in deposit bottles, the deposit is shown separately. This will be refunded to the sender after the return of the deposit bottles. The organization and the costs for the return are to be borne by the customer.
Delivery is made exclusively within the EU to the delivery address specified in the order. The delivery period is up to several working days depending on the country of delivery (no delivery will be made on Saturdays, Sundays and on regional and national holidays). The user is responsible for accepting the delivery. If he is not available at the time of delivery or no alternative delivery is possible, he bears the sole risk that the goods spoil through his fault. A refund of the goods spoiled for this reason is hereby excluded. If the goods still cannot be delivered after two delivery attempts due to the absence of a recipient, the goods will be returned to us. If the customer then requests redelivery of the goods, he will be charged € 19.90 for the return order, redelivery and additional processing.
By clicking the button "order with costs" the order becomes binding and must therefore also be paid. The payment is carried out via the selected payment method at the checkout. In the case of credit card payment, your credit card account will be charged upon completion of your order.
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. The payment is always made to Klarna (invoice). The payment period is 30 days from the date of dispatch of the goods/ticket/ or, in the case of other services, the provision of the service. The terms and conditions for invoice purchase for deliveries to Germany can be found here and for deliveries to Austria here.
With the financing service of Klarna you can pay your purchase flexibly in monthly installments of at least 1/24 of the total amount (but at least 6.95 EUR) or under the conditions otherwise specified in the checkout. The installment payment is due at the end of each month after Klarna sends you a monthly invoice. For more information on the installment purchase, including the General Terms and Conditions and the European Standard Information for Consumer Credit, please click here.
§10 RESERVATION OF OWNERSHIP
The delivered goods remain the property of myProduct until full payment.
myProduct warrants according to the statutory provisions that the goods are free of defects at the time of delivery. The warranty period for the delivery of movable goods is two years from the date of acceptance of the goods. The delivered goods are to be checked for completeness, correctness and other freedom from defects, in particular for intactness of the packaging, as far as possible after receipt. If there is a defect in the purchased goods, this is to be reported to myProduct GmbH as far as possible upon delivery or after it becomes visible:
industrial road 2
Phone: +43 5 02240
A violation of this obligation does not lead to a limitation of the legal warranty rights of the user. This only serves the purpose of faster and more effective processing of any notices of defects.
No case of warranty exists in case of damage caused by improper use or handling of the product. This is especially the case with improper handling (for example, storage of ordered goods at too high ambient temperatures, in the context of uncooled shipping melted chocolate due to too high ambient temperatures in the country of delivery), incorrect operation or unauthorized repair attempts. The same applies to ordinary wear and tear. The product images on the website and/or in our folders may differ in color and size from the appearance of the delivered products due to resolution and size. The delivered goods shall be deemed to be in accordance with the contract if the delivered goods comply with the other product specification.
If the defects complained about are justified, either an improvement will be made or a replacement will be delivered free of charge. A reasonable period of time shall be granted for this purpose. If a replacement or an improvement is not possible due to too high expenditure, delay or unreasonableness, the buyer has the right to a price reduction or, if the defect is not insignificant, the right to cancel the contract (redhibitory action). Fraud in this matter will be reported criminally.
If the User demands a return of the goods to myProduct and if the goods are actually defective, myProduct will bear the corresponding costs. Otherwise, any costs of the shipment are to be borne by the Customer. Defective goods are therefore only to be returned upon our express request.
§12 CUSTOMER REVIEWS
If the User decides to write a Customer Review in the myProduct Shop Network, he/she grants myProduct the exclusive right to use it, unlimited in time and place. myProduct is entitled to use the Customer Review for any purpose online and offline. myProduct will endeavor to always name the author as the author (unless the author has indicated that he/she wishes to remain anonymous), but reserves the right to shorten or omit this information. myProduct further reserves the right not to display a review on its websites or to display it only for a limited period of time.
myProduct is liable for damages according to the statutory provisions. However, liability for damages caused by slight negligence is excluded. This limitation of liability does not apply to damages resulting from injury to life, body or health of persons and to claims under the Product Liability Act.
§14 USER'S OBLIGATIONS
The user must ensure that his access data (user name and password) are not accessible to third parties. In particular, he is also prohibited from making the access data available to third parties. For his own protection and security on the Internet, the user shall change his password at regular intervals. The user shall immediately report any changes to the data provided by him (delivery address, ...), in particular insofar as these are necessary for the processing of purchase offers that are still open. The User is obliged not to use the myProduct Shop Network for purposes other than those described in these GTC.
§15 BLOCKING THE USER
myProduct is entitled to block Users if there is an objectively justified reason for doing so. The blocking can take place without prior notice if myProduct has a justified interest in an immediate blocking. A reason for a blocking is especially given if the User violates his obligations from this contract or if third parties claim a violation of rights against myProduct. In case of such an allegation of infringement, myProduct will forward the respective information to the User. myProduct is not obligated to verify the content of the allegations.
§16 FINAL TERMS
The contractual language is German. For contracts with consumers from a member state of the EU, the consumer has the choice between his court of residence and the court of jurisdiction at the registered office of the company. The contracting parties agree on the applicability of Austrian law, as far as there are no mandatory legal provisions to the contrary. The UN Convention on Contracts for the International Sale of Goods and all provisions relating to the UN Convention on Contracts for the International Sale of Goods are expressly excluded. Should any provision of the contract or the General Terms and Conditions be or become invalid or should the contract be incomplete, the remainder of the contract shall not be affected thereby. The home law of the consumer shall apply if this is more favorable for the consumer.