Terms of Service
TERMS OF SERVICE
(GTC - version from 05.08.2022)
Terms and Conditions (GTC)
for the of the
boutiq.vision GmbH (FN 579879) Dorf185A
hereinafter referred to as " seller", "contractual partner", "we" or "us" ,
online shop operated at www.insidethearlberg.com , hereinafter referred to as online shop.
The current version of our general terms and conditions can be viewed, saved and printed out on our website www.insidethearlberg.com . our General Terms and Conditions are also available upon request at email@example.com .
1. Scope and Applicable Law
- The business transaction, ordering and delivery of goods and services offered in our online shop takes place exclusively under the following General Terms and Conditions (GTC). All contracts concluded via our online shop are based on these General Terms and Conditions.
- Persons who order goods or services via our online shop will be referred to as "customer" or "you" in the following.
- If the terms " consumer" and "entrepreneur" are used in these terms and conditions, they are to be understood in the sense of 1 Consumer Protection Act (KSchG).
- The law of the Republic of Austria applies to all legal transactions or other legal relationships with us, to the exclusion of the norms of private international law.
- For legal transactions with entrepreneurs whose registered office is outside Austria, the application of intergovernmental agreements adopted into Austrian law, in particular the UN Sales Convention (CISG), is expressly excluded.
- Without exception, we only deliver to customers within
- Products are only sold in household items
2. Contractual partner, language and conclusion of contract
- For all legal transactions concluded via our online shop, the company boutiq.vision GmbH, based in 6521 Fliess, Dorf 185A, acts exclusively as your contractual partner
- The content of the contract, all other information, customer service, data information, complaint handling are offered exclusively in German, so that all communication with customers takes place exclusively in German.
- The goods offered in the online shop can be placed in the shopping cart without obligation. After entering your personal data and selecting the type of delivery and payment, your entries are listed and you can check them again. You are obliged to fill out the fields (or information) provided in the order form completely and truthfully. By clicking on the checkbox "I have read the General Terms and Conditions (GTC) and expressly agree to them." , you agree to our GTC and are legally bound by them.
By clicking on the "Order for a fee" button, you make a legally binding offer to purchase the goods or services contained in your shopping cart. The order confirmation we then send to you only documents that we have received your order. However, this still represents does not constitute acceptance of your offer. A legally binding contract only comes into being through our express declaration of acceptance/order confirmation sent to you separately, but no later than upon delivery of the goods sent to you.
- If the goods you have ordered are not available at short notice at the time of the order, we will inform you of this. If the goods are permanently unavailable, no contract is concluded.
- The contract only relates to the products that are listed in the declaration of acceptance/order confirmation sent by us. We are not obliged to supply you with any other products, even if they were specified in your order
- All offers in our online shop are subject to change and non-binding for us and are only available while stocks last.
3. Delivery and Passing of Risk
- The ordered goods will be delivered to the Austrian address you specified in the course of the order by a delivery company commissioned by us. However, we reserve the right to offer separate delivery options or to limit the delivery options offered in individual cases.
- The shipping costs incurred with the delivery of the ordered goods are displayed to you during the payment process in the online shop and are to be borne entirely by you.
- In the case of contracts with consumers, the risk of loss of or damage to the goods only passes to the consumer when the goods are delivered or handed over to the consumer or to a third party designated by the consumer who is different from the carrier. The handover or delivery is equivalent if the customer is in default of acceptance. For the rest, § 7a f KSchG applies. In entrepreneurial transactions, the goods are delivered entirely at the customer's own risk.
4. Prices and shipping costs
- For orders in our online shop, the prices listed in the offer at the time of the order apply.
- All prices listed in our online shop are given in euros and include the applicable statutory sales tax.
- Packaging and shipping costs are calculated and shown separately. The shipping costs incurred for the respective order and to be borne by you will be given to you before the completion of the ordering process as part of a summary listing of your order.
- The shipping costs actually charged vary depending on the size of the order and the destination selected by the customer. We reserve the right to split your order into one or more shipments depending on the availability of the products ordered. If a delivery has to be divided into two packages, the shipping costs will only be charged once. In the case of split deliveries (if, for example, an ordered article cannot be ordered at short notice), the first partial delivery will be carried out immediately. No new shipping costs will be charged for the subsequent delivery. However, we expressly reserve the right not to ship your order until the products ordered are fully available.
5. Payment and Delivery
- For the payment of the goods and services ordered via our online shop, we only offer the payment method "payment in advance", whereby you can currently choose between direct bank transfer, Paypal and bank transfer in the course of the payment process. The payment is processed via an external payment service provider. However, we reserve the right reserves the right to offer other payment methods in individual cases.The payment methods specifically available for your order will be displayed before the order process is completed.
- With the transmission of our declaration of acceptance, you will be invoiced for the purchase price and the costs associated with the purchase contract, stating our bank details.
- The purchase price and other costs associated with the purchase of goods and services are due for payment within 7 days of receipt of our declaration of acceptance. the
The ordered products will not be delivered until the full purchase price has been credited to our account.
- If the amounts invoiced by us do not arrive on our account within the specified payment period, we are entitled to withdraw from the contract after setting a reasonable grace period and to demand compensation from you for the damage caused.
- Any refund of payments already made will be made to the means of payment that you used when placing your order.
- In the event of a delay in payment, we are entitled to charge interest of 6% pa. In addition, the customer undertakes to reimburse third parties (in particular lawyers) for reminder, collection and investigation costs. The assertion of a higher damage caused by delay is expressly reserved.
- The delivery time is generally 5-7 working days, although we do not guarantee delivery within this period. Since we have no influence on the package delivery, we expressly reserve the right to a longer delivery time. As soon as your order leaves our premises, you will receive a shipping confirmation. In the case of circumstances affecting the delivery due to force majeure, the delivery time is extended appropriately. Equated with circumstances of force majeure are strikes, lockouts, official interventions, shortages of energy and raw materials, transport bottlenecks through no fault of our own, operational hindrances through no fault of ours (e.g. due to fire, water and machine damage) and all other hindrances which, from an objective point of view, were not culpably caused by us, so that the delivery time will also be extended appropriately in these cases. We will inform you immediately of the beginning and end of such hindrances. If the impediment to performance in the aforementioned cases lasts for a period of more than 4 weeks after the originally applicable delivery times, you are entitled to withdraw from the contract. Further claims of the customer, in particular for damages, do not exist.
6. Retention of Title
- We retain ownership of all goods delivered by us to you until the purchase price has been paid in full. As a customer, you are not entitled to pledge or transfer ownership of the object of purchase.
- You undertake to inform us immediately of access by third parties to the goods delivered under retention of title and to send us the documents justifying access and a copy of the seizure report.
7. Statutory Right of Withdrawal and Withdrawal
- In the following, consumers will receive the legally required instruction on the prerequisites and consequences of the right of withdrawal according to the Federal Act on Distance Selling and Contracts Concluded Off Business Premises (F AGG).
- As a consumer, you can revoke this contract within 14 days in accordance with Article 11 FAGG without giving a reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods. If the order is delivered in several partial shipments or pieces, the contract can be canceled within fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last partial shipment or the last piece. has to be revoked.
- In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement. We recommend that you use the revocation form attached at the end of these GTC. However, you can also declare your revocation, for example, by means of an informal letter sent to us by post or e-mail, by telephone or in any other form.
In any case, the declaration of your revocation must be sent to the following address:
boutiq.vision GmbH 6521 Fliess, Dorf 185 A
Email: firstname.lastname@example.org Tel: +0664 750 26 210
- If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract.
- A repayment of the purchase price will only take place step by step against return of the goods received from the customer. The costs of returning the goods are to be borne by the customer in any case. The goods are to our under point 7.3. to the address specified in these GTC.
- For a possible repayment of the purchase price, we use the same means of payment that you used in the original transaction.
- For the revocation to be effective, the goods must be received by us in new, unused, original condition. We reserve the right to check the original condition. If signs of use are found, the revocation and thus the taking back of the goods are excluded and we will not reimburse any costs, unless the signs of use are due to handling necessary to check the condition, properties and functionality of the goods. Furthermore, we reserve the right to deduct an appropriate amount as compensation for the reduction in value resulting from the signs of use when refunding the purchase price. You do not have to pay compensation for any depreciation of the goods only if the depreciation is due to a
handling necessary to check the nature, properties and functionality of the goods.
- In the event of your cancellation, you are obliged to return the goods in packaging suitable for shipping. If you do not return the goods in full, including all accessories, we are entitled to demand compensation.
- If you exercise your right of cancellation in connection with a contract for the provision of services, but we have already performed performance in relation to this contract before the cancellation period has expired, you must reimburse us in the event of a cancellation an amount which is compared to the contractually agreed amount Total price in proportion to the services provided by us up to the point of revocation
In particular, the right of withdrawal does not apply to the following contracts:
- Contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual choice or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. This applies in particular to products that have been manufactured according to the individual needs of the customer;
- Contracts for the delivery of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery;
- Contracts for the delivery of goods if these were inseparably mixed with other goods after delivery due to their nature.
- The warranty is based on the statutory provisions and, in the case of contracts with consumers, is limited to the statutory period of 24 months from the acceptance of the goods by the customer or, in the case of services, from the conclusion of the service. In the case of contracts with entrepreneurs, the warranty period is limited to 12 months.
- We reserve the right to check the defects, so that accepting the goods complained about does not constitute an acknowledgment of the justification of warranty claims. In the case of justified complaints about defects, either a free replacement or improvement will be made, for which a reasonable period of time must be granted. If an exchange or an improvement is out of the question (especially if this is not possible because it involves too much effort, this is unreasonable for us, etc.), the customer is entitled to a price reduction or if the defect is not minor is a right to cancellation of the contract.
- Irrespective of whether there is a contract with consumers or entrepreneurs, the customer is obliged to report any defects as soon as possible upon delivery, but at the latest immediately after they become apparent. In the case of contracts with entrepreneurs, the provision of Section 377 UGB applies without restriction.
9. Liability and Guarantee
- We are only liable in the case of intent and gross negligence. Liability for slight negligence is excluded, with the exception of injury to life, limb or health of a person. This exclusion of liability also applies to consequential damages. Liability for financial losses due to slight negligence is therefore excluded.
- Our company, as the operator of the online shop mentioned, provides the services with the greatest care, but is not liable for the services provided or obtained from third parties. A possible guarantee is to be claimed from the manufacturer and is carried out according to his regulations. Claiming the guarantee does not restrict the statutory guarantee. We do not give an independent guarantee.
10. Place of Performance
The place of performance for deliveries and payments is exclusively 6521 Fliess (Austria), provided this does not conflict with mandatory statutory regulations.
The place of jurisdiction for disputes arising from contracts with customers is 6500 Landeck (Austria), unless mandatory statutory regulations provide for a different place of jurisdiction.
- You hereby expressly agree to our data protection regulations (*created externally * available at: https://www.insidethearlberg.com/datenschutz/ ) and thus in particular to the storage of personal data (e.g. name/company, date of birth/company register number, e-mail address , delivery and billing address as well as account or credit card data) for the purpose of fulfilling the contract and processing the order as well as for our own advertising purposes (e.g. sending advertising mail, newsletters, product information) or other company-related purposes. You hereby expressly authorize us to automatically determine, process and store your personal data.
- We protect and respect your personal information and security. However, we cannot guarantee the security of information and payments transmitted online. To the extent permitted by law, we are not liable for damage resulting from the use of electronic means of transmission, in particular for damage due to errors or delays in the delivery of messages or manipulation by third parties or software or the transmission of viruses.
- You agree to receive news about our products, current offers and other company-related information by means of promotional emails, postal mailings and newsletters.
- The customer can revoke his consent to receive such emails at any time by notifying boutiq.vision GmbH email@example.com ,
- You can request information about your stored data at any time and, if necessary, its correction, blocking or deletion. Data that is still required for billing and accounting purposes in connection with incompletely processed orders are excluded from deletion.
- Substantive Austrian law applies to this contract, excluding the reference standards of private international law and the UN Sales Convention
- Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, or should they contain an unforeseen gap, the validity of the remaining provisions or parts of such provisions shall remain unaffected. Instead of the invalid or missing provisions, the respective statutory regulations apply.
- Contract supplements, side agreements or other agreements that deviate from these GTC must be in writing in order to be effective. Written form also applies to deviations from this written form requirement. Verbal collateral agreements do not exist.
If you want to revoke the contract, please fill out this form and send it by email to: firstname.lastname@example.org or by post to the following address
boutiq.vision GmbH Dorf185 A 6521 Fliess
GENERAL CONSUMER DATA
Date of birth:
DECLARATION OF WITHDRAWAL
I hereby revoke the contract I have concluded for the provision of the following
Ordered on (*)/received on(*)
(*) Please cross out what is not applicable
Date Signature of consumer