Terms of service

Table of contents

  1. Scope of application
  2. Conclusion of contract
  3. Right of cancellation
  4. Prices and payment terms
  5. Terms of delivery and dispatch
  6. Retention of title
  7. Liability for defects (guarantee)
  8. Liability
  9. Redemption of promotional vouchers
  10. Applicable law
  11. Place of jurisdiction
  12. Alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter ‘GTC’) of Antig Belts e.U. (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 goods displayed by the seller in his online shop. The inclusion of the customer's own conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes that can be attributed predominantly neither to their commercial nor their independent professional activity.

1.3 An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership that acts in the course of a legal transaction 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 constitute binding offers 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 into the seller's online store. 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 for the goods 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 e-mail), whereby the customer's receipt of the order confirmation is decisive, or
  • by delivering the ordered goods to the customer, whereby the customer's receipt of the goods is decisive, or
  • by requesting payment from the customer after the order has been placed.

If several of the above alternatives apply, the contract shall be 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 sends 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 shall be deemed a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.

2.4 If the customer selects a payment method offered by PayPal, the payment shall be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as ‘PayPal’), subject to the PayPal terms of use, which can be viewed at https://www.paypal. com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the terms and 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 by means of a payment method offered by PayPal that can be selected during the online ordering process, the seller declares acceptance of the customer's offer at the point in time at which the customer clicks the button that concludes the ordering process.

2.5 When an offer is made using the seller's online order form, the text of the contract is stored by the seller after the contract has been concluded and sent to the customer in text form (e.g. email, fax or letter) after the customer has sent his order. The seller does not make the contract text available in any other way.

2.6 Before placing 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 of better identifying input errors can be the browser's magnification function, which is used to enlarge the display on the screen. During the electronic order process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks the button that concludes the order process.

2.7 Various languages are available for concluding the contract. The specific language selection is displayed in the online shop.

2.8 The order processing and contact usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for the 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 cancellation

3.1 Consumers are generally entitled to a right of cancellation.

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

4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices. VAT does not apply because the seller is a small business and is exempt from VAT. Any additional delivery and shipping costs that may apply will be indicated separately in the respective product description.

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

4.3 If a payment method offered via the ‘Shopify Payments’ payment service is selected, the payment will be processed by the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter ‘Stripe’). The individual payment methods offered via Shopify Payments are communicated to the customer in the seller's online shop. To process payments, Stripe may use additional payment services that may be subject to special payment terms, which the customer may be notified of separately. Further information about ‘Shopify Payments’ is available on the Internet at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and shipping terms

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

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 of the initial shipment if the customer effectively exercises his right of cancellation. If the customer effectively exercises his right of cancellation, the regulation set out in the seller's cancellation policy shall apply to the costs of returning the goods.

5.3 If the customer is acting in a commercial capacity, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the goods to the carrier, freight forwarder or other person or organisation designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall in principle not pass to the customer or a person authorised to receive the goods until the goods have been handed over. Notwithstanding the above, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the carrier, the carrier or other person or institution designated to carry out the shipment, if the customer has commissioned the carrier, the freight forwarder or other person or institution designated to carry 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 the seller has taken due care to conclude a specific hedging transaction with the supplier. The seller will make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

5.5 For logistical reasons, collection by the customer is not possible.

6) Retention of title

If the seller provides advance performance, he reserves the right of ownership of the delivered goods until full payment of the purchase price owed.

7) Liability for defects (guarantee)

Unless otherwise provided for in the following provisions, the provisions of the statutory liability for defects shall apply. Deviating from this, the following shall apply to contracts for the delivery of goods:

7.1 If the customer is acting as an entrepreneur,

  • the seller has the choice of the type of subsequent performance;
  • for new goods, the limitation period for rights arising from defects is one year from delivery of the goods;
  • the rights in respect of defects are excluded for used goods;
  • the limitation period shall not recommence if a replacement delivery is made under the liability for defects.

7.2 The above limitations of liability and reductions of time limits shall not apply

  • to 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 the defectiveness of the building,
  • for any obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.3 In addition, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected for entrepreneurs.

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

8) Liability

The seller shall be liable to the customer as follows for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses:

8.1 The seller shall be liable without limitation for any legal reason

  • in the event of intent or gross negligence,
  • in the event of intentional or negligent injury to life, limb or health,
  • on the basis of a guarantee promise, unless otherwise regulated,
  • due to mandatory liability, such as under the Product Liability Act.

8.2 If the seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability applies in accordance with the preceding clause. Material contractual obligations are obligations that the contract imposes on the seller in order to achieve the purpose of the contract, the fulfilment of which is essential to the proper execution of the contract and on the observance of which the customer may regularly rely.

8.3 Any further liability of the seller is excluded.

8.4 The above liability provisions also apply with regard to the seller's liability for his agents and legal representatives.

9) Redemption of promotional vouchers

9.1 Vouchers issued free of charge by the seller as part of a promotional campaign with a specific validity period and that cannot be purchased by the customer (hereinafter referred to as ‘promotional vouchers’) can only be redeemed in the seller's online shop and only within the specified period.

9.2 Individual products may be excluded from the voucher promotion if the content of the promotional voucher indicates a corresponding restriction.

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

9.4 Multiple promotional vouchers can be redeemed for a single 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 refunded by the seller.

9.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

9.7 The credit balance of a promotional voucher will neither be paid out in cash nor will interest be paid on it.

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

9.9 The promotional voucher is intended for use only by the person named on it. Transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.

10) Applicable law

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

11) Place of jurisdiction

If the customer is a merchant, a legal entity under public law or a special fund under public law based in the territory of the Republic of Austria, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the territory of the Republic of Austria, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. However, in the above cases, the seller is entitled in any case to appeal to the court at the customer's place of business.

12) Alternative dispute resolution

12.1 The European Commission provides a platform for online dispute resolution, which can be accessed via the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.

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