Terms and Conditions
Table of contents
- scope
- conclusion of the contract
- right of withdrawal
- Prices and payment terms
- delivery and shipping conditions
- retention of title
- liability for defects (warranty)
- Liability
- redemption of promotional vouchers
- Applicable Law
- jurisdiction
- Alternative Dispute Resolution
1) Scope
1.1 This
General Terms and Conditions (hereinafter "GTC") of Antig Belt
eU (hereinafter "Seller"), apply to all contracts for the delivery
of goods that a consumer or entrepreneur (hereinafter "customer")
with the Seller regarding the products offered by the Seller in his online shop
The inclusion of
contradicted by the customer's own terms and conditions, unless something
otherwise agreed.
1.2 Consumers
within the meaning of these Terms and Conditions, any natural person who enters into a legal transaction
for purposes which are predominantly neither commercial nor
can be attributed to their independent professional activity.
1.3 Entrepreneur
within the meaning of these Terms and Conditions is a natural or legal person or
a legal partnership which, upon conclusion 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
for the customer to submit a binding offer.
2.2 The
Customer can use the offer via the online shop of the seller
integrated online order form. The customer hereby gives
after placing the selected goods in the virtual shopping cart and
has completed the electronic ordering process by clicking the
The button that completes the order process is a legally binding
Contractual offer with regard to the goods contained in the shopping cart.
2.3 The Seller may accept the Customer’s offer within five days,
by
the customer a written order confirmation or a
Order confirmation will be sent in text form (fax or e-mail), whereby
insofar as the receipt of the order confirmation by the customer is decisive,
or
by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
by requesting payment from the customer after placing his order.
Lay
If several of the above alternatives are available, the contract is concluded in the
time at which one of the above-mentioned alternatives is first
The period for accepting the offer begins on the day after
sending of the offer by the customer and ends with the
Expiry of the fifth day following the dispatch of the offer.
If the seller accepts the customer’s offer within the aforementioned period
does not accept, this shall be deemed as a rejection of the offer with the consequence that
the customer is no longer bound by his declaration of intent.
2.4 In
By selecting a payment method offered by PayPal, the
Payment processing via the payment service provider PayPal (Europe) S.à
rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (im
hereinafter referred to as “PayPal”), subject to the PayPal Terms of Use,
available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full
or - if the customer does not have a PayPal account - under
Validity of the conditions for payments without a PayPal account, available at
https://www.paypal.com/de/webapps/mpp/ua/privacywax-full .
If the customer pays using a payment method selected during the online ordering process,
PayPal payment method offered, the seller hereby declares the
Acceptance of the customer’s offer at the time the customer
button which completes the ordering process.
2.5 At
submitting an offer via the online order form of the
Seller, the contract text will be sent by the Seller after the conclusion of the contract
stored and sent to the customer after sending the order in
text form (e.g. email, fax or letter).
making the contract text accessible by the seller
does not occur.
2.6 Before
binding submission of the order via the online order form of the
Seller, the customer can avoid possible input errors by carefully
Reading the information displayed on the screen. A
effective technical means for better detection of input errors
This can be done using the browser’s zoom function, which
The display on the screen is enlarged. His inputs can
The customer has the right to use the electronic ordering process for as long as
correct the usual keyboard and mouse functions until he presses the button
which completes the ordering process.
2.7 For
Different languages are available for the conclusion of the contract.
The specific language selection is displayed in the online shop.
2.8 The
Order processing and contact usually take place via email
and automated order processing. The customer has
ensure that the data provided by him for order processing
E-mail address is correct, so that under this address the
Emails sent by the seller can be received. In particular,
When using SPAM filters, the customer must ensure that all
by the seller or by the person commissioned by the seller to process the order
Emails sent by third parties can be delivered.
3) Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller’s cancellation policy.
4) Prices and payment terms
4.1 If
unless the seller’s product description states otherwise,
The prices indicated are total prices which include the
statutory VAT included. Any additional
Delivery and shipping costs are stated in the respective product description
specified separately.
4.2 The payment option(s) will be communicated to the customer in the seller’s online shop.
4.3 In
Selection of a payment method offered through the payment service "Shopify Payments"
Payment method, payment processing is carried out 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 through Shopify Payments are
Customers are informed in the seller’s online shop. To process
Payments Stripe may use other payment services for which
Special payment conditions may apply, to which the customer may be entitled.
will be mentioned separately. More information about "Shopify Payments"
are available online at https://www.shopify.com/legal/terms-payments-de .
5) Delivery and shipping conditions
5.1 Offers
the seller announces the dispatch of the goods, the delivery will be
within the delivery area specified by the seller to the customer
delivery address, unless otherwise agreed.
The processing of the transaction is the order processing of the
The delivery address specified by the seller is decisive.
5.2 Failure
delivery of the goods for reasons for which the customer is responsible,
The customer shall bear the reasonable costs incurred by the seller as a result
Costs. This does not apply to the costs of delivery,
if the customer effectively exercises his right of withdrawal.
Return costs apply if the right of withdrawal is effectively exercised by
the customer the information provided in the seller's cancellation policy
arrangement made.
5.3 Acts
the customer as an entrepreneur, the risk of accidental loss
and the accidental deterioration of the goods sold to the customer
as soon as the seller hands the item over to the forwarding agent, the carrier
or the person otherwise designated to carry out the shipment or
If the customer acts as a consumer, the
Risk of accidental loss and accidental deterioration of the
sold goods only when the goods are handed over to the customer
or a person authorized to receive it. Deviating from this, the
Risk of accidental loss and accidental deterioration of the
sold goods are also transferred to the customer in the case of consumers,
as soon as the seller hands the item over to the forwarding agent, the carrier or the
other person or institution designated to carry out the shipment
delivered if the customer informs the forwarding agent, the carrier or
the person or institution otherwise designated to carry out the shipment
commissioned to carry out the work and the seller will inform the customer of this person
or institution has not previously named.
5.4 The
Seller reserves the right to cancel in case of incorrect or
to withdraw from the contract due to improper self-supply. This
applies only in the event that the non-delivery is not attributable to the seller
and this person has, with due care, a concrete
concluded a hedging transaction with the supplier. The seller
will make all reasonable efforts to deliver the goods
In case of unavailability or partial
The customer will be informed immediately of the availability of the goods and the
Consideration will be refunded immediately.
5.5 Self-collection is not possible for logistical reasons.
6) Retention of title
If the
Seller makes advance payments, he reserves the right to withdraw until full payment
of the purchase price owed, ownership of the delivered goods remains.
7) Liability for defects (warranty)
So far
Unless otherwise stated in the following regulations, the
The provisions of the statutory liability for defects apply.
Contracts for the supply of goods:
7.1 If the customer acts as an entrepreneur,
the seller has the choice of the type of subsequent performance;
For new goods, the limitation period for defects is one year from delivery of the goods;
In the case of used goods, rights and claims due to defects are excluded;
The limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.
7.2 The limitations of liability and shortening of time limits set out above do not apply
for claims for damages and reimbursement of expenses by the customer,
in the event that the seller has fraudulently concealed the defect,
for
Goods which, in accordance with their usual use, are intended for a building
have been used and have caused its defectiveness,
for a
any existing obligation of the seller to provide
Updates for digital products, for contracts for the delivery of
Goods with digital elements.
7.3 Furthermore
In addition, for entrepreneurs, the statutory limitation periods
for any existing statutory right of recourse
remain.
7.4 Acts
the customer as a consumer, he is requested to deliver the goods with
to complain to the deliverer about obvious transport damage and
to inform the seller of this. If the customer does not comply with
This will have no effect on his legal or
contractual claims for defects.
8) Liability
The
Seller is liable to the customer for all contractual, quasi-contractual
and legal, including tortious claims for damages and
Reimbursement of expenses as follows:
8.1 The Seller shall be liable without limitation for any legal reason
in case of intent or gross negligence,
in the event of intentional or negligent injury to life, body or health,
due to a guarantee promise, unless otherwise provided,
due to mandatory liability such as under the Product Liability Act.
8.2 Injured
the seller negligently breaches an essential contractual obligation, the
Liability is limited to the typical, foreseeable damage,
unless unlimited liability applies in accordance with the above paragraph.
Essential contractual obligations are obligations that the contract imposes on the
Seller according to its content to achieve the purpose of the contract
imposed, the fulfilment of which is essential for the proper execution of the contract
made possible in the first place and on whose compliance the customer regularly
can trust.
8.3 Otherwise, the Seller’s liability is excluded.
8.4 The above
Liability regulations also apply with regard to the liability of the
Seller for his vicarious agents and legal representatives.
9) Redemption of promotional vouchers
9.1 Vouchers,
offered by the seller as part of promotional campaigns with a specific
period of validity are issued free of charge and the customer
cannot be purchased (hereinafter "promotional vouchers"),
can only be purchased in the seller’s online shop and only in the specified
period can be redeemed.
9.2 Individual
Products may be excluded from the voucher promotion if
A corresponding restriction arises from the content of the
promotional voucher.
9.3 Promotional vouchers
can only be redeemed before completing the order process.
Subsequent billing is not possible.
9.4 Multiple promotional vouchers can be redeemed in one order.
9.5 The
The value of the goods must be at least equal to the amount of the promotional voucher.
Any remaining balance will not be refunded by the seller.
9.6 Enough
the value of the promotional voucher is not sufficient to cover the order,
To settle the difference, one of the other
Payment methods offered by the seller can be selected.
9.7 The balance of a promotional voucher will not be paid out in cash and will not accrue interest.
9.8 The
Promotional voucher will not be refunded if the customer does not
Promotional voucher for goods paid for in whole or in part within the scope of its
statutory right of withdrawal.
9.9 The
Promotional voucher is only for use by the person named on it
Person. Transferring the promotional voucher to a third party is
excluded. The seller is entitled, but not obliged,
the material entitlement of the respective voucher holder
to check.
10) Applicable law
For
all legal relationships between the parties are governed by the law of the Republic
Austria, excluding the laws on international sales
movable goods. For consumers, this choice of law applies only to the extent
than not the protection granted by mandatory provisions of law
the country in which the consumer has his habitual residence,
is withdrawn.
11) Place of jurisdiction
Acts
the customer as a merchant, legal entity under public law or
special fund under public law with its registered office in the territory of the
Republic of Austria, is the exclusive place of jurisdiction for all
Disputes arising from this contract shall be the place of business of the seller.
the customer is based outside the territory of the Republic
Austria, the place of business of the seller is the exclusive
Jurisdiction for all disputes arising from this contract if the
Contract or claims arising from the contract of professional or commercial
The seller is in
However, in the above cases, the court at
call the customer's location.
12) Alternative dispute resolution
12.1 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 out-of-court settlement of
Disputes arising from online sales or service contracts involving
a consumer is involved.
12.2 The
Seller is obliged to participate in a dispute resolution procedure before
neither obliged nor willing to resort to a consumer arbitration board.