TERMS AND CONDITIONS FOR WEBSHOP CUSTOMERS
of OZONOS GmbH
Ginzkeyplatz 11, 5020 Salzburg
Member of the Salzburg Chamber of Commerce
For english information please contact: firstname.lastname@example.org.
These terms and conditions (AGB) are intended to regulate the sale of goods at a distance to consumers and businesses. They apply to services in the B2B and B2C sectors. In the B2B sector, consumer protection regulations generally do not apply unless it concerns what is known as a “Gründungsgesellschaft,” i.e., transactions that a natural person undertakes before starting their business to establish the prerequisites for it. For consumer transactions, consumer protection regulations apply, in particular, the general information obligations of the company in accordance with § 5 KSchG, as well as the provisions of the Distance Selling and Out-of-Premises Business Act (FAGG in its current version).
1. Delivery, performance, and offers by the company (OZONOS GmbH) are made exclusively based on these general terms and conditions, abbreviated as AGB, regardless of the communication method used.
2. Contrary or differing provisions of the customer are not recognized by the entrepreneur, unless he has explicitly agreed to their validity. Fulfillment actions by the company do not constitute consent to contract terms that deviate from these AGB.
3. The customer acknowledges the exclusive validity of the company’s AGB for the entire business relationship. By entering into a business relationship with the company through the use of the webshop, the customer acknowledges the AGB as the basis for the entire business relationship.
CONCLUSION OF CONTRACT AND RIGHT OF WITHDRAWAL
1. The presentation of products within the framework of the online shop does not constitute a legally binding offer, but rather a non-binding online catalog. By clicking the “Order Now” button, the customer places a binding order for the goods contained in the shopping cart. The confirmation of receipt of the order follows immediately after sending the order via an automated email and does not yet constitute acceptance of the contract. The acceptance of the contract occurs only when the customer receives an email from the entrepreneur confirming the shipment of the goods or the order. The entrepreneur can accept the customer’s order within two days.
2. If the entrepreneur cannot accept the offer or if certain products of the order are no longer available, the customer will be informed of this without delay.
3. All offers are valid as long as supplies last.
4. The information about the prerequisites and consequences of the right of withdrawal for consumers is provided in the following cancellation policy.
RIGHT OF WITHDRAWAL
The customer has the right to withdraw from this contract within 14 days without giving reasons. The legal withdrawal period is 14 days from the day on which the customer or a third party who is not the carrier has taken possession of the goods, or in the case of partial deliveries, the last goods.
To exercise the right of withdrawal, the OZONOS GmbH, Ginzkeyplatz 11/Alpenstraße 115, 5020 Salzburg, Tel.: 0043(0)662/238288-30, email: email@example.com must be informed by means of a clear declaration (e.g. an email) of the customer’s decision to withdraw from the contract. The customer can use the withdrawal form provided by the entrepreneur, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for the customer to send the notification of exercising the right of withdrawal before the withdrawal period expires.
The customer does not have a right of withdrawal for all contracts listed in § 18 FAGG. This applies in particular to the following contracts:
– Services, if the entrepreneur – based on an express request from the consumer according to § 10 FAGG and a confirmation from the consumer about his knowledge of the loss of the right of withdrawal upon complete fulfillment of the contract – started the execution of the service before the end of the withdrawal period according to § 11 FAGG and then provided the service completely,
– Goods or services whose price depends on fluctuations in the financial market, over which the entrepreneur has no influence and which can occur within the withdrawal period,
– Goods that are made according to customer specifications or are clearly tailored to personal needs,
– Goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery.
The deadline is considered met if the customer dispatches the goods before the 14-day period expires.
If the customer cannot return or surrender the received performance as well as any benefits derived from the use (e.g., usage benefits) in whole or in part, or if it is returned in a deteriorated condition, the customer must provide compensation to the entrepreneur. The customer only has to provide compensation for the deterioration of the goods and for benefits derived if the use or deterioration can be attributed to handling of the goods beyond testing their characteristics and functionality. “Testing the characteristics and functionality” refers to testing and trying out the respective goods as would be possible and common in a retail store. Goods that can be sent by parcel are to be returned to the entrepreneur at the customer’s risk and expense.
DELIVERY, DELAY IN PERFORMANCE, IMPOSSIBILITY, ACCEPTANCE DELAY
1. Unless otherwise agreed, delivery will be made to the delivery address specified by the customer. Delivery deadlines and dates will be adhered to by OZONOS whenever possible. Unless expressly agreed upon as binding, they are non-binding and always understood as the anticipated time of provision and transfer to the customer. Withdrawal from the contract by the customer due to delivery delays is only possible after setting a reasonable grace period of at least 6 weeks. The withdrawal must be made by registered letter. The right of withdrawal applies only to the part of the delivery or performance for which a delay exists.
2. The delivery deadline is considered met if, by its expiration, the delivery item has been handed over by OZONOS to the carrier or if readiness for dispatch has been communicated. Subsequent amendments, changes, and additions requested by the customer will extend the delivery time accordingly. The same applies to unforeseeable obstacles that are beyond the sphere of OZONOS and/or any possible upstream suppliers, such as force majeure, strikes, lockouts, delays in the delivery of essential raw materials, pandemics, epidemics, etc.
3. Compensation claims of the customer for delayed or non-executed deliveries are excluded in all cases, even after the expiration of the grace period, unless in cases of intent or gross negligence.
4. OZONOS’s liability for damages due to delays is limited to 0.5% of the value of the delayed delivery, but no more than 5% of the value of that part of the delivery that was not delivered on time. However, this does not apply if OZONOS delivers equivalent products within the deadline.
5. Goods not accepted by the agreed delivery date will be stored at the customer’s risk and expense for a maximum of 6 weeks. The storage fees are to be borne by the customer. At the same time, OZONOS is entitled to insist on contract fulfillment or, after setting a reasonable grace period, to withdraw from the contract and dispose of the goods elsewhere. In the event of disposal, a contractual penalty of 10% of the net invoice amount is agreed upon. Furthermore, the customer bears the costs of unsuccessful delivery.
6. Delivery takes place from the warehouse, where the place of performance for delivery is also located, upon transfer to the carrier.
7. Delivery is carried out via DPD, Post, or DHL. The choice of delivery service is the responsibility of OZONOS. Delivery is made to the countries listed under “Delivery and Payment Conditions.”
1. All product prices are gross prices and include the statutory value-added tax at the rate of 20% in Austria, 19% in Germany. If a foreign entrepreneur with a valid VAT identification number places an order, the delivery is tax-exempt.
2. The purchase price becomes due immediately upon placing the order.
3. The customer can pay the purchase price by credit card, advance payment, PayPal, or PayPal Express. With the payment method PayPal Express, the company stores the provided email address and delivery address in order to process the order. The customer has the option to request login data from the company at any time to track their order.
4. In the event of the customer’s payment default, the entrepreneur is entitled, at their discretion, to demand compensation for the actual damages incurred or default interest at the legal rate. For consumers, this is 4% p.a., and for entrepreneurs, 9.2% above the base rate. In the case of customer payment default, the entrepreneur is also entitled to demand compound interest from the day of delivery of the goods.
REMINDER, COLLECTION EXPENSES
In the event of payment default, the customer undertakes to reimburse the entrepreneur for the reminder and collection expenses incurred, to the extent necessary for the appropriate legal enforcement. In the case of business transactions with entrepreneurs, this includes a lump sum amount of €40.00 as compensation for enforcement costs according to § 458 UGB. The assertion of further rights and claims remains unaffected by this.
WARRANTY CLAIMS, WARRANTY, COMPENSATION, PRODUCT LIABILITY
1. Defects must be reported by entrepreneurs promptly after receipt of the delivery or performance, at the latest within 8 days; in the case of hidden defects, within 3 days of discovery. Failure to do so results in the forfeiture of claims. The presence of defects must be proven by the customer. § 924 and 933b ABGB are not applicable.
2. The statutory warranty conditions apply to consumers.
3. If it is not a consumer transaction, minor or otherwise reasonable changes to the obligation to deliver or perform are deemed approved in advance. This applies especially to deviations caused by the goods (e.g., dimensions, colors, structure, etc.).
4. In the case of justified defects in business transactions with entrepreneurs, the warranty is limited to rectification and replacement. Multiple rectifications and replacement deliveries are permissible. Claims for conversion and price reduction are excluded.
5. For entrepreneurs, to fulfill the warranty obligations, the customer must, at their own cost and risk, deliver the goods to OZONOS and collect them from us.
6. OZONOS is not liable for damages caused by unsuitable or improper use, natural wear and tear, faulty or negligent treatment, or storage.
7. No warranty or liability of any kind is assumed for discounted goods as well as for defective or off-quality goods delivered as agreed.
8. To the extent that this does not violate mandatory law and as long as nothing to the contrary is specified in these conditions, OZONOS is only liable for compensation of damages caused by gross negligence or willful misconduct on the part of OZONOS. However, this limitation of liability does not apply to compensation for personal injury. OZONOS is not liable for indirect damages, lost profits, interest losses, unrealized savings, consequential and financial damages, and damages arising from claims of third parties. All claims for damages expire within 6 months of becoming aware of the damage.
9. Liability for property and personal injury under the Product Liability Act is excluded unless the claimant proves that the defect was caused in the sphere of OZONOS and was at least grossly negligent.
The customer is obliged to provide accurate information when placing an order. If the customer’s data changes, especially their name, address, email address, or phone number, the customer must immediately inform the company of these changes by updating the provided details. If the customer fails to provide this information or provides false information, including an incorrect email address, the company may, if a contract has been concluded, withdraw from the contract.
RETENTION OF TITLE
All goods are delivered by the company under retention of title and remain its property until full payment is received. The assertion of the retention of title constitutes a withdrawal from the contract only if expressly declared. When goods are returned, the entrepreneur is entitled to charge incurred transportation and handling expenses. If third parties access the reserved goods, especially through attachment, the customer is obliged to point out the entrepreneur’s ownership rights and to notify them immediately. If the customer is a consumer or not an entrepreneur whose ordinary business operations include trading in goods acquired from the entrepreneur, the customer is not allowed to dispose of the reserved goods, especially to sell, pledge, give away, or lend them, until the outstanding purchase price has been fully settled. The customer bears the full risk for the reserved goods, especially the risk of loss, destruction, or deterioration.
ELECTRONIC COMMERCE / DATA PROTECTION
1. Orders or other legally effective statements of the contracting party can be validly sent using email and fax, but require flawless receipt at OZONOS for their effectiveness. Transmission errors – regardless of the cause – are at the customer’s expense.
2. OZONOS reserves the right to immediately revoke the effectiveness of individual or temporally specific legal declarations due to a malfunction of the data processing system, using appropriate means, and to request or carry out a valid retransmission.
3. The contracting partner agrees that their personal data, namely name/company, profession, date of birth, company registration number, powers of representation, contact person, business address, and other addresses of the contracting partner, telephone number, fax number, email address, bank details, credit card data, and VAT identification number will be automatically determined, stored, and processed for the purpose of contract fulfillment and customer support, as well as for internal advertising purposes, such as sending offers and newsletters (in paper and electronic form), and for the purpose of referring to the existing or previous business relationship with the contracting partner (reference indication). The customer hereby consents to receive messages for advertising purposes from the entrepreneur or from companies commissioned by the entrepreneur, within the meaning of § 107 of the Telecommunications Act (TKG). This consent can be revoked by the customer at any time via firstname.lastname@example.org.
4. The contracting partner agrees to receive electronic mail for advertising purposes until revoked. This consent can be revoked at any time in writing via email, fax, or letter to the contact details provided in the header of the terms and conditions.
APPLICABLE LAW AND JURISDICTION
1. Austrian law applies.
2. Austrian law applies exclusively, excluding the reference provisions of international private law and the UN Convention on Contracts for the International Sale of Goods.
3. For consumers as defined in Art. 5 of the EVÜ (European Enforcement Order Regulation), their national mandatory consumer protection provisions apply, unless the respective Austrian provisions are more favorable for the consumer.
4. Taking into account the provisions of paragraph 3, customers agree to the exclusive jurisdiction of the competent court in the state capital of Salzburg.
1. Place of performance is at the business address of OZONOS GmbH.
2. Should provisions of these terms and conditions be legally ineffective, invalid, and/or void, or become so during their duration, this does not affect the legal effectiveness and validity of the remaining provisions. In this case, the legally ineffective, invalid, or void provision shall be replaced by one that is legally effective and valid and, to the extent possible, corresponds to the replaced provision in its economic effect.
3. Where in this contract designations referring to natural persons are only given in the male form, they also refer to women and men in the same way. When applying the designation to specific natural persons, the gender-specific form should be used as appropriate.