Terms and Conditions

General Terms and Conditions, Status 01.10.2020, V1.02

 

1. Applicability

i-deal solutions GmbH makes offers and provides goods and services solely on the basis of these Terms of Business.

  1. These Standard Terms of Business (hereinafter referred to as “STBs”) of i-deal solutions GmbH (hereinafter referred to as the “Seller”) shall apply to all contracts for the delivery of goods, that a consumer or businessman (hereinafter referred to as the “Customer” or “Buyer”) concludes with the Seller, with respect to the goods presented by the Seller in its online shop. The Seller hereby objects to the Buyer’s inclusion of its own Terms of Business, unless otherwise expressly agreed.
  2. Within the meaning of these STBs, every natural person who enters into a legal transaction for purposes that are not attributable to his or her business or self-employment activities is deemed to be a consumer.
  3. The Seller’s product description identifies the contract object, which can be the purchase of goods for one-time delivery or the purchase of goods as a standing order (hereinafter referred to as a “Subscription Agreement”). Under a Subscription Agreement, the Seller promises the Customer to deliver the contractually required goods at the contractually defined intervals for the duration of the agreed-upon contract term.

2. Concluding a Contract

  1. The product descriptions in the Seller’s online shop do not constitute legally binding offers by the Seller. Their purpose is merely to induce the Customer to make a binding offer.
  2. Using the order form integrated into the Seller’s online shop, the Customer can make an offer by placing the selected goods into the virtual shopping cart, following the electronic ordering process and make a legally binding offer to purchase the goods contained in the virtual shopping cart by clicking on the button that completes the ordering process.
  3. The Seller can accept the Customer’s offer within 14 days by
    • sending an order confirmation in text form (letter, fax, e-mail), with the receipt of the order confirmation by the Customer being the controlling event, or
    • deliver the ordered goods to the Customer, with the receipt of the goods by the Customer being the controlling event, or
    • asking the Customer for payment after its order.
    • If more than one of the above options apply, a contract shall be formed at the time one of the above options first occurs. The period begins to run on the day following the sending of the offer by the Customer and ends at the close 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 constitutes a rejection of the offer so that the Customer is no longer bound by his declaration of intent.
  4. When “PayPal Express” is selected as the type of payment, the payment is processed via the 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”), and PayPal’s Terms of Use apply, which can be viewed at https://www.paypal.com/at/webapps/mpp/ua/useragreement-full or, if the Customer has no PayPal account – the Terms of Use for payments without a PayPal account apply, which can be viewed at https://www.paypal.com/at/webapps/mpp/ua/privacywax-full. By selecting the “PayPal Express” payment type in the course of the online ordering process, the Customer also issues a payment order to PayPal by clicking on the final button in the ordering process. When the Customer clicks on the final button in the ordering process and issues the payment order, the contract is deemed to have been concluded.
  5. The contract text is archived on the Seller’s website. If the Customer has set up a Customer account with the Seller’s online shop before sending his order, he can retrieve the aforementioned contract text free of charge using his password-protected Customer account by successfully entering the relevant login data.
  6. To avoid possible input errors, the Customer can carefully review the input data before issuing a binding order using the Seller’s online order form. Moreover, the use of the browser’s zoom function, which can increase the size of the content display on the screen, can prove to be helpful in avoiding errors. The Customer is able to correct his entry in the course of the ordering process using the usual mouse and keyboard functions until he clicks on the final button in the ordering process.
  7. Only the German language may be used to conclude an agreement.
  8. In general, the order is processed and contact is made by e-mail or automated order processing. In the course of this, the Customer must check the accuracy of his information, such as the correct articulation of his e-mail address, so that e-mails sent by the Seller can be received. Above all, the Customer must ensure that, if he uses a spam filter, the e-mails sent by the Seller or its agents during the order processing can be received.

3. Cancellation Rights

Consumers have a 14-day cancellation right.

Cancellation instructions

You can cancel the order within 14 days of your contract declaration, without an explanation, in text form (letter, fax, e-mail) or – if you are sent the item before the expiration of the period – by returning the item. The period begins after receipt of these instructions in text form, but not before receipt of the goods by the Buyer or the recipient (and not before receipt of the first partial delivery in the case of Subscription Agreements). The timely dispatch of the cancellation notice or the item is sufficient to meet the deadline. The cancellation should be addressed to:

i-deal solutions GmbH
Schiffamtsgasse 12/27
1020 Vienna
Austria

Consequences of Cancellation

In the course of an effective cancellation, the goods and payments received by both sides must be returned and any benefits derived (e.g. benefits of use, interest) must be surrendered. If you do not return or surrender the goods and services and/or uses you received to us in full, or only in a deteriorated state, you must compensate us for the lost value. In the case of uses derived and/or deterioration of the item, [this applies] to the extent that the use and/or deterioration of the item are attributable to treatment of the item that exceeds the testing of the characteristics and the functionality. This is understood to mean testing and trying out the goods in accordance with the options and usages in the retail business. Goods that can be sent as packages shall be returned at our expense and risk. The obligation to make refunds must be fulfilled within 30 days. For you, the period begins when you send the cancellation notice or the goods, and for us it begins with receipt of the same.

4. Prices and Payment Terms

  1. Unless otherwise expressly stated in the Seller’s product description, the prices listed are understood to be total prices, which already include the statutory VAT tax. Any additional delivery and shipping costs are listed separately.
  2. For deliveries outside the European Union, additional costs may be incurred in individual cases, which are not the Seller’s to bear and which the Customer must pay. Examples can be costs incurred for money transfers via credit institutions (such as transfer fees, exchange fees) or taxes (such as customs duties) and other import duties. Costs of this kind can be incurred for deliveries within the European Union if the Buyer makes payment from a country outside the European Union and they are not included in the total price within the meaning of Item 4.1.
  3. The Customer is informed of the payment options in the Seller’s online shop.
  4. If prepayment by bank transfer was agreed upon, payment is due immediately after conclusion of the contract, unless a later due date was agreed upon.
  5. When payment is made by means of PayPal, the payment is processed via the 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”), and PayPal’s Terms of Use apply, which can be viewed at https://www.paypal.com/at/webapps/mpp/ua/useragreement-full or, if the Customer has no PayPal account – the Terms of Use for payments without a PayPal account apply, which can be viewed at https://www.paypal.com/at/webapps/mpp/ua/privacywax-full.
  6. When buying on account, the purchase price shall be due after the goods are delivered and invoiced. In this case, unless otherwise agreed, the purchase price shall be paid within seven days of receipt of the invoice without any deductions. The Seller reserves the right to reject the “purchase on account” payment type.
  7. When paying by credit card, the amount is reserved when the order is completed and the account is debited when the goods are shipped. Data transfers are carried out using SSL encryption. The credit card account is settled by PAYONE GmbH, Lyoner Straße 9, 60528 Frankfurt am Main, info@payone.com, www.payone.com

5. Delivery and Shipping Terms

  1. Unless otherwise expressly agreed, the goods shall be delivered to the delivery address provided by the Customer via the dispatch route. The delivery address provided on the Seller’s online order form shall be controlling.
  2. With Subscription Agreements, the Customer shall promptly inform the Seller of any change in the delivery address.
  3. If the transport company returns the shipped goods to the Seller because it was not possible to successfully deliver them to the Customer, the Customer shall bear the costs of the unsuccessful shipping attempt.
  4. The risk of accidental loss or accidental deterioration of the goods sold shall pass to the Customer as soon as the Seller has delivered the item to the freight forwarder, shipper or the person or institution intended to ship the goods, to the extent that the Customer is acting as a businessman. The risk of accidental loss or accidental deterioration of the goods sold shall not pass until the goods are delivered to the Customer or a person authorised to receive them if the Customer is acting as a consumer. Notwithstanding this, the risk of accidental loss or accidental deterioration of the goods sold shall pass to the Customer as soon as the Seller has delivered the item to the freight forwarder, shipper or the person or institution intended to ship the goods, if the Customer hires the freight forwarder, shipper or the person or institution intended to ship the goods.
  5. Pick-up by the Customer is not possible for logistical reasons.

6. Duration and End of Contracts for Subscription Agreements

  1. Subscription Agreements are concluded for an indefinite period of time and can be ended by the Customer at any time without complying with a termination notice period.
  2. Any notice of termination must be in text form.

7. Retention of Ownership

  1. The Seller shall retain ownership rights to the items vis-a-vis a consumer until the purchase price has been paid in full when due.
  2. The Seller shall retain ownership rights to the goods delivered vis-a-vis a businessman until all its claims under the ongoing business relationship have been paid in full.
  3. The Customer shall be entitled to resell goods subject to retention of ownership in the ordinary course of business, if the Customer is acting as a businessman. The Customer hereby assigns all claims against third parties that arise in the course of such resales to the Seller in the amount of the respective invoice value (including VAT tax). This assignment shall apply regardless of whether goods subject to retention of ownership are sold before or after they are further processed. The Customer shall be authorised to collect on the claim even after the assignment. However, this shall not affect the Seller’s right to collect on the claim itself. Nevertheless, the Seller will not collect on the claim as long as the Customer meets its payment obligations to the Seller and does not default on any payments and no petition is filed against the Customer to open insolvency proceedings.

8. Liability for Defects (Warranty)

If the item purchased is defective, the statutory provisions on liability for defects shall apply. Notwithstanding this, the following shall apply:

  1. For businessmen:
    • In general, minor defects do not justify claims for defects.
    • The Seller has the right to choose the manner of rectifying defects.
    • The limitation period for defects in new goods is one year from the transfer of risk.
    • If a replacement is delivered during the period of liability for defects, this shall not restart the limitation period.
    • The aforementioned limitations on liability and reductions of the limitation period shall not apply to damages for bodily injury, loss of life or impairment of health based on a negligent or intentional breach of duty by a statutory representative or agent of the Seller; or
    • to other damages based on the Seller’s grossly negligent or intentional breach of duty or to a grossly negligent or intentional breach of duty by a statutory representative or agent of the user; or
    • if the Seller has fraudulently concealed the defect.
  2. If the Customer is acting as a consumer, he must complain to the delivery company with respect to delivered goods with obvious damage in transit and inform the Seller of this.

9. Liability

The Seller shall be liable to the Customer for all statutory, tort, contractual and quasi-contractual claims for damages and reimbursement of expenditures as follows:

  1. The Seller shall be liable:
    • for gross negligence or wrongful intent,
    • for negligent or intentional infliction of bodily injury, loss of life or impairment of health,
    • based on a guarantee, unless otherwise agreed, or
    • based on strict liability, e.g. under the Product Liability Act.
  2. The Seller shall only be liable for typical, foreseeable contractual damages.
  3. In other respects, the Seller shall have no liability.
  4. The above liability provisions shall also apply to the Seller’s liability for its statutory representatives and agents.

10. Redemption of Promotional Vouchers

  1. Vouchers issued by the Seller free of charge as part of promotional activities and having a certain validity period and vouchers that the Customer has not acquired by purchase (hereinafter referred to as “Promotional Vouchers”) can only be redeemed in the Seller’s online shop and only during the specified time period.
  2. Individual products can be excluded from a gift voucher promotion, as long as an appropriate restriction is set forth in the language of the Promotional Voucher.
  3. Promotional Vouchers can only be redeemed before the completion of the ordering process. They cannot be taken into account afterwards.
  4. Only one Promotional Voucher can be redeemed per order without exception.
  5. The value of the goods in the order must at least correspond to the value of the Promotional Voucher. The remaining balance, if any, will not be refunded by the Seller.
  6. If the Promotional Voucher is not sufficient to cover the order, the Customer can choose one of the other payment methods offered by the Seller to make payment.
  7. The balance on a Promotional Voucher will not be paid out nor will it bear interest.
  8. If the Customer returns some or all of the goods paid for with the Promotional Voucher as part of his statutory right of cancellation, the Promotional Voucher will not be returned.
  9. The Promotional Voucher is transferable. The Seller can render performance to the to the respective holder who redeems the Promotional Voucher in the Seller’s online shop with discharging effect. However, this shall not apply if the Seller has knowledge or grossly negligent ignorance of the respective holder’s lack of entitlement, legal incapacity or lack of the representation rights.

11. Applicable Law

The laws of the Republic of Austria shall apply to all legal relationships between the Parties, excluding the UN Convention on Contracts for the International Sale of Goods. This choice of law shall only apply to a consumer to the extent that the protection granted is not removed by mandatory provisions of the laws of the country in which the consumer has his habitual place of residence.

12. Jurisdiction

If the Customer is acting as a businessman, public law legal entity or public law special fund with its registered office on the sovereign territory of the Republic of Austria, the competent courts where the Seller has its registered office shall have exclusive jurisdiction over all disputes under this Contract. If the Customer is a consumer, he can also file suit with his own local court. The Seller is also entitled to sue in the court where the Customer has its registered office.

13. Information regarding online dispute resolution

The EU Commission provides an Internet platform for online dispute resolution, which can be accessed under the following link: https://ec.europa.eu/consumers/odr.
This platform functions as a contact point for out-of-court resolution of disputes arising from online purchase agreements or contracts for services involving consumers.