General Terms and Conditions
A-8262 Ilz, Dörfl 56
- Domain of the general business terms
1.1. These general business terms are valid for the business relationship between Uganics Life e. U. (hereinafter called “seller”) and the purchaser (hereinafter called “customer”). The latest version of our general business terms published on our webpage is valid in case we adjust our general business terms at the moment of purchase. The customer is a consumer in accordance with the Konsumentenschutzgesetz (KSchG).
1.2. Our general business terms are valid for the purchase of vouchers unless it is specifically mentioned otherwise.
- Code of conduct
We are obliged to comply with the code of conduct of the following institutions:
- Conclusion of a contract
3.1. The presentation of the products in our web shop does not represent a legally binding offer but merely serves as an incentive for purchase. With the order of the chosen purchase, the customer enters a binding relationship with the seller which results in a sales contract.
3.2. The sales contract comes into existence only upon approval of the purchase by the seller. In that regard the customer will be notified via e-mail.
3.3. Generally, the contacting and the processing of the order take place via e-mail and through automated order handling. The customer has to ensure the validity of the provided e-mail address. Further the customer has to ensure that all e-mails by the seller or by third parties who are commissioned with the procession of the order can pass potential spam-filters.
4.1. All mandatory fields (marked with an *) on the order form have to be filled. The creation of a user account is not mandatory for the ordering procedure. The customer will receive a notice of error in case of missing customer information or in case of arising issues with the purchase on the seller’s behalf. The customer has the possibility to correct the order right before sending the order request. The customer will receive supporting information throughout the ordering process. The customer will receive an e-mail as soon as the ordering process is finished.
4.2. The order confirmation of the customer does not automatically buy the purchase – there has to be a mutual confirmation (customer and seller). The customer will be notified via e-mail in the case that the seller denies the contract formation. Clicking the “order-and-pay”-button as a last step of the ordering procedure represents a binding purchase of the product as listed on the webpage of the seller.
- Receipt and contract formation
5.1. The customer will be notified about the receipt of his/her order via e-mail as soon as the order arrives at the seller. Please note that this communication does not represent the confirmation of the purchase.
5.2. The purchase agreement is accomplished as soon as the seller confirms the purchase via e-mail.
- Storage of the contracts
The purchase agreement is stored by the seller and the agreement is accessible via web shop. The customer can print and/or save the agreement.
- Contract language
The contract language is German without exception.
- Right of withdrawal
8.1. Explanatory remarks
The term “Rücktrittsrecht” corresponds with the term “Widerrufsrecht”, the former being used in Austria and the latter in Germany. Therefore we use both terms. In our Widerrufsbelehrung (withdrawal admonition) we are solely using the term “Widerrufsrecht” which is equivalent to the term “Rücktrittsrecht”.
8.2. The customer’s right of withdrawal expires after 14 days.
8.3. The admonition of the requirements and consequences of the right of withdrawal is presented below:
- WITHDRAWAL ADMONITION
Right of withdrawal
The customer is entitled to withdraw from the contract within 14 days without stating reasons.
The right of withdrawal is valid for 14 days. This period starts with the reception of the purchase by the customer or a third party. The third party can not be the carrier.
In order to make use of your right of withdrawal the customer has to clearly inform the seller (Uganics Life,A-8262 Ilz, Dörfl 56, E: email@example.com)about the withdrawal. This can be done via e-mail or via postal service. For such a withdrawal we strongly urge the customer to use this form.
The withdrawal has to be sent to the seller before the expiration of right of withdrawal.
- Withdrawal consequences
In case of withdrawal from the contract we are obliged to refund all costs including delivery charges within 14 days of the reception of the withdrawal. The seller is not obliged to refund additionally incurring expenses of a more expensive form of delivery. We are using the same payment method as the customer for the refund, except we have explicitly arranged a different method with the customer. We will not invoice any additional costs.
The seller has the right to deny the refund until the reception of the purchase from the customer or until the customer presents a proof of return of the purchase.
The customer has to return or hand over the purchase within 14 days of the official withdrawal. The deadline for the return is met if the customer presents proof of posting the purchase.
The customer bears the costs of the return.
Upon arrival of the returned purchase we check the purchase for possible deterioration. The customer has to pay the loss in value in case the purchase is not returned in good shape.
- The right of withdrawal does not apply with the following contracts
- Contracts for the delivery of goods which had been customized
- Contracts for the delivery of quickly perishing goods
- Contracts for the delivery of sealed goods which are not suitable for return because of health and hygiene reasons – this only applies if the seal has been removed by the customer
- Contracts for the delivery of goods which had been inextricably mixed with other goods
- Contracts for the delivery of alcoholic beverages which were not delivered within 30 days due to market price volatility and which price was arranged between the seller and the customer prior to the formation of the contract.
END OF WITHDRAWAL ADMONITION
- Prices and delivery costs
12.1. All prices are total prices which means all taxes (turn over tax included) are included. The delivery costs have to be paid separately.
12.2. The customer has to bear the costs for customs, taxes or other charges in case of delivery to a country outside of the EEA.
13.1. The mean time to deliver varies between three and five business days (standard delivery)
13.2. We will contact the customer immediately in case of supply shortage
- Payment methods
14.1. The seller excepts the following payment methods:
- Instant transaction (Sofortüberweisung via the Klarna Bank AB)
- Online transaction via PayPal (paypal.com)
- Credit card payment (VISA/Mastercard via PayPal services)
- Due date/prepayment
The customer is obliged to pay the full price of the purchase at the contract formation if the seller and the customer agreed to a different payment method than presented at 14.1. The delivery of the purchase takes place once the seller has received the payment.
- Default interest
The seller is entitled to account 5% p.a. of default interest in case the payment did not arrive on our account until the dead line – this is also the case if the customer is not directly responsible for delayed payment.
The provisions for legal warranty apply.
- Electronic data transfer
The seller is authorized to deliver electronic data such as bills to the customer. The customer agrees to this kind transfer.
- Title retention
The seller remains the owner of the purchase until the purchase has been paid for in full by the customer.
19.1. It is agreed that the enforcement of a title retention does not represent a withdrawal from the contract unless the seller withdraws explicitly.
- Liability and compensation
20.1. Compensation claims on the part of the customer are only valid if there is personal damage involved or if the seller (or a commissioned third party) negligently damaged the purchase. Further liability except for liability according the product liability act is excluded.
20.2. All product images are symbol images. This means that the product image does not have to correspond to the delivered purchase. The customer is not entitled to compensation or refund in case of deviation of the delivered purchase in consistency or colour.
- Intellectual property rights
The seller is the legal owner of the content of the web shop and the web page. This applies to trademark laws, copyrights, photos, images, layout and other graphics. The usage of this property is not allowed without the explicit consent of the seller.
- Data protection
The protection of our customer’s personal information is a prime concern to us. The seller is bound to the requirements and regulations of the General data protection regulation (GDPR) and the Austrian law for data protection (DSG). Further information can be found in our declaration of data protection below.
The seller is legally obliged to grant possibilities for complaint to the customer. In case of complaint please direct it to: firstname.lastname@example.org
- Legal domicile and choice of law and jurisdiction
The buying contract is subject to Austrian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods(CISG). If the customer has his/her residence or his/her general domicile or his/her employment in Austria the local courtwithin any of the aforementioned cases is responsible for law suits. However, this does not apply to pending litigations.
- Safeguarding clause
In case of legal invalidity or unfeasibility of some aspects of the general business terms other aspects of the business terms still remain valid and feasible. In such a case both parties will try to replace the unfeasible or invalid part with a feasible and valid one. This compromise has to be come close to the original part.
- Requirement of form
Changes or amendments can only be made in written form. This is also true for changes of the requirements of form.