General terms and conditions with customer information

Table of contents
• 1. Scope
• 2. Conclusion of contract
• 3. Right of withdrawal
• 4. Prices and payment terms
• 5. Delivery and shipping conditions
• 6. Retention of title
• 7. Warranty
• 8. Liability
• 9. Applicable Law
• 10. Information on online dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Waltz Seven GmbH, Sieveringerstraße 103/1/2, AT-1190 Vienna, (hereinafter "Seller"), apply to all contracts concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods and/or services presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 For the purposes of these Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. For the purposes of these Terms and Conditions, an entrepreneur is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts 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 shop. After placing the selected goods and/or services in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding offer to purchase the goods and/or services contained in the shopping cart by clicking the button that completes the order process.
2.3 The seller may 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 email), whereby 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 in this respect, or
• by requesting payment from the customer after they have placed their order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time when one of the aforementioned alternatives first occurs. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.
2.4 The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer.
2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller and sent to the customer in text form (e.g., email, fax, or letter) along with these Terms and Conditions after the order has been submitted. The contract text is also archived on the seller's website.
2.6 Before submitting a binding order via the seller's online order form, the customer can continuously correct their entries using standard keyboard and mouse functions. Furthermore, all entries are displayed again in a confirmation window before the binding order is submitted and can also be corrected there using standard keyboard and mouse functions.
2.7 Only the German language is available for concluding the contract.
2.8 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at that address. In particular, if using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing 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 withdrawal policy .
3.3 The right of withdrawal does not apply to consumers who are not citizens of a Member State of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices including statutory VAT. Any additional delivery and shipping costs will be specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which are beyond the seller's control and must be borne by the customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs may also be incurred with regard to money transfers even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The customer has various payment options available, which are specified in the seller's online shop.
4.4 If advance payment is agreed, payment is due immediately after conclusion of the contract.

5) Delivery and shipping conditions

5.1 Unless otherwise agreed, goods will be delivered by mail to the delivery address specified by the customer.
5.2 If the shipping company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs of the unsuccessful shipment. This does not apply if the customer effectively exercises their right of withdrawal, if they are not responsible for the circumstances that led to the impossibility of delivery, or if they were temporarily prevented from accepting the offered service, unless the seller had notified them of the service a reasonable time in advance.
5.3 If the customer is acting as a business, the risk of accidental loss or damage to the goods sold passes to the customer as soon as the seller has handed the goods over to the carrier, freight forwarder, or other person or entity designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss or damage to the goods sold generally only passes to the customer upon delivery of the goods to the customer or an authorized recipient. Notwithstanding the foregoing, the risk of accidental loss or damage to the goods sold also passes to the customer in the case of consumers as soon as the seller has handed the goods over to the carrier, freight forwarder, or other person or entity designated to carry out the shipment, provided that the customer has commissioned the carrier, freight forwarder, or other person or entity designated to carry out the shipment and the seller has not previously informed the customer of the identity of this person or entity.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to the seller by its own suppliers. This applies only if the non-delivery is not the seller's fault and the seller has concluded a specific cover transaction with the supplier with due diligence. 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 payment will be refunded immediately.

6) Retention of title

6.1 With respect to consumers, the seller retains ownership of the delivered goods until full payment of the purchase price owed.
6.2 With respect to entrepreneurs, the seller retains title to the delivered goods until all claims arising from an ongoing business relationship have been fully settled.
6.3 If the customer is acting as a business, they are entitled to resell the goods subject to retention of title in the ordinary course of business. The customer hereby assigns to the seller in advance all claims against third parties arising from such resale, up to the amount of the respective invoice value (including VAT). This assignment applies regardless of whether the goods subject to retention of title have been resold before or after processing. The customer remains authorized to collect the receivables even after the assignment. The seller's right to collect the receivables directly remains unaffected. However, the seller will not collect the receivables as long as the customer fulfills their payment obligations to the seller, is not in default of payment, and no application for the commencement of insolvency proceedings has been filed.

7) Warranty

If the purchased item is defective, the provisions of statutory warranty law apply. The following applies in deviation from this:
7.1 For entrepreneurs
• An insignificant defect does not generally give rise to any warranty claims;
• the seller has the choice of the type of subsequent performance;
• For new goods, the limitation period for defects is one year from the transfer of risk;
• For used goods, rights and claims due to defects are generally excluded;
• The limitation period does not restart if a replacement delivery is made under the warranty for defects.
7.2 The aforementioned limitations of liability and reductions of the limitation period do not apply.
• for damages resulting from injury to life, body or health caused by an intentional or negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative or agent of the seller,
• for other damages resulting from an intentional or grossly negligent breach of duty by the seller or from an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the user, as well as
• in the event that the seller has fraudulently concealed the defect.
Furthermore, entrepreneurs are subject to the obligation to give notice of defects pursuant to Section 377 of the Austrian Commercial Code (UGB); otherwise, they can no longer assert claims for warranty, for damages due to the defect itself, or for claims arising from an error regarding the absence of defects in the item.
7.3 If the customer is a consumer, they are requested to report any delivered goods with obvious transport damage to the delivery service and to inform the seller. Failure to do so will not affect their statutory or contractual warranty rights.

8) Liability

The seller is liable to the customer for all contractual, quasi-contractual and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:
8.1 The seller is fully liable for any legal reason.
• in cases of intent or gross negligence,
• in the case of intentional or negligent injury to life, body or health.
8.2 If the seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damages typical for this type of contract, unless unlimited liability applies pursuant to the preceding clause. Material contractual obligations are those obligations that the contract imposes on the seller according to its content for the achievement of the contractual purpose, the fulfillment of which is essential for the proper performance of the contract, and on the observance of which the customer may regularly rely.
8.3 Furthermore, the seller's liability is excluded.
8.4 The foregoing liability provisions also apply with regard to the seller's liability for his vicarious agents and legal representatives.

9) Applicable law/Jurisdiction

9.1 All legal relations between the parties shall be governed by the laws of the Republic of Austria, excluding the laws on the international sale of goods. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.
9.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal to consumers who, at the time of conclusion of the contract, are not resident in a Member State of the European Union and whose sole residence and delivery address at the time of conclusion of the contract are outside the European Union.
9.3 If the customer is an entrepreneur as defined in clause 1.2, the place of jurisdiction shall be the seller's place of business. For customers who are consumers, the following applies: For both actions brought by an entrepreneur against a consumer and actions brought by a consumer against an entrepreneur, the place of jurisdiction shall be the consumer's place of residence if the consumer resides in the EU but not in Austria. If the consumer resides or has their habitual residence in Austria, they may only be sued in the court within whose district their residence or habitual residence is located. In this case, the entrepreneur may only be sued by the customer at their place of business, unless another place of jurisdiction is provided by law.

10) Information on online dispute resolution

The EU Commission provides a platform for online dispute resolution at the following link: http://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.