Terms & Conditions
GENERAL TERMS AND CONDITIONS
Status: July 2022
1) Scope
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of éliz studio GmbH, Hirschengasse 1/16, 1060 Vienna, email: info@eliz-studio.com, shall apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as “Customer”) with the Seller with regard to the latter’s goods and services. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.
A consumer is any natural person who enters into a transaction that is not part of the operation of his or her business. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity. Stock corporations, limited liability companies, commercial cooperatives, mutual insurance associations, savings banks, European Economic Interest Groupings (EEIG), European Companies (SE) and European Cooperatives (SCE) are entrepreneurs by virtue of their legal form.
2) Conclusion of contract
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The customer can submit the offer via the online order form integrated in the seller’s online shop. In doing so, after configuring the selected goods or services and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods or services contained in the shopping basket by clicking the button that concludes the ordering process.
2.3 The Seller may accept the Customer’s offer within three working days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer is decisive, or
- by requesting the customer to pay after placing his order
If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends at the end of the third working day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
If the customer selects a payment method during the online ordering process by clicking the button that concludes the ordering process and at the same time gives a payment order to his payment service provider to transfer the money directly to the account of the seller, the seller declares, notwithstanding section 2.3, that he accepts the customer’s offer at the time the money is received in the seller’s account.
2.4 When submitting an offer via the Seller’s online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail) after the Customer has sent his order.
When submitting an offer via the Seller’s online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. If the customer has set up a user account in the Seller’s online shop before submitting his order, the order data will be archived on the Seller’s website and can be accessed by the customer free of charge via his password-protected user account by providing the relevant login data.
2.5 The German and English languages are available for the conclusion of the contract.
2.6 Order processing and contacting usually take 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 e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers residing in the EU are generally entitled to withdraw from a distance contract.
A distance contract is a contract between the seller and a consumer concluded without the simultaneous physical presence of the seller and the consumer, using only means of distance communication (fax, internet, telephone) up to and including the conclusion of the contract.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller’s product and service description, the prices quoted are total prices which include statutory VAT.
5) Retention of title
5.1 With respect to its customers, whether consumers or entrepreneurs, the Seller retains title to the goods provided until the purchase price owed has been paid in full.
5.2 All rights, such as copyrights and ancillary copyrights to any digital content, shall not pass to the customer with the sale.
However, the seller grants the customer the non-exclusive right to use the content provided, unlimited in terms of time and place, exclusively for private purposes.
Insofar as the contract relates to the one-time provision of digital content, the granting of rights shall only become effective when the customer has paid the remuneration owed in full. The Seller may provisionally permit the use of the contractual content even before this point in time. Such provisional permission shall not constitute a transfer of rights.
6) Delivery and shipping conditions
6.1 Our offers are open to all customers with a residence or registered office in the EU.
6.2 The delivery of goods shall be made by dispatch to the delivery address specified by the customer with Austrian Post, unless otherwise agreed.
6.3 If the customer is acting as an entrepreneur, the risk of loss of or damage to the goods sold shall pass to the customer as soon as the seller has delivered the item to the carrier, the freight forwarder or the person or company otherwise designated to carry out the shipment. If the customer is acting as a consumer, the risk shall pass to the consumer only as soon as the goods are delivered to the consumer or to a third party designated by the consumer and different from the carrier. If, however, the consumer has concluded the contract of carriage himself without making use of a choice proposed by the trader, the risk shall pass as soon as the goods are handed over to the carrier.
7) Warranty/Liability
7.1 The provisions of the statutory warranty shall apply.
The seller is liable for ensuring that the goods have the objectively required characteristics in addition to the contractually agreed characteristics. This does not apply insofar as the consumer, when concluding the contract, expressly and separately agrees to the deviation of a certain characteristic from the objectively required characteristics, which he does by placing his order after being specifically informed of this deviation in the product description.
If the customer is acting as an entrepreneur, the following also applies:
- In principle, an insignificant defect does not justify any warranty claims,
- The seller has the choice of the method of remedying the defect.
- The limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.
- If the customer acts as an entrepreneur within the meaning of the Austrian Commercial Code (UGB), he shall be subject to the commercial duty of inspection and notification of defects pursuant to § 377 UGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.
Liability of the seller is excluded for slight negligence, unless personal injury is involved. These liability regulations also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.
8) Place of jurisdiction/applicable law
8.1 Austrian substantive law shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers domiciled or habitually resident in the EU, this choice of law shall only apply 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.
8.2 In the relationship with entrepreneurs, the factually competent court at the registered office of the seller is agreed as the exclusively competent court.
9) Alternative dispute resolution
9.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.