General Terms and Conditions (GTC)
GTC with customer information
Table of contents:
General terms and conditions for the sale of goods on www.weihnachtsbaum-aus-holz.com (this page)
Cancellation policy (see Cancellation)
General terms and conditions for the sale of goods
- Area of validity
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Special conditions for the processing of goods according to certain specifications of the customer
- Redemption of promotional vouchers
- Applicable law
- Place of jurisdiction
- Alternative dispute resolution
1. scope of application
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of eccomp e.U. (hereinafter referred to as “eccomp”), apply to all contracts for the delivery of goods, which a consumer or entrepreneur concludes with eccomp regarding the goods presented by eccomp in the online store. The inclusion of the customer’s own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer in the sense of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2. Conclusion of contract
2.1 The product descriptions contained in the online store do not represent binding offers on the part of eccomp, but serve for the submission of a binding offer by you.
2.2 You can submit the offer via the online order form integrated in the online store. In doing so, after you have placed the selected goods in the virtual shopping cart and gone through the electronic ordering process, you submit a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button (“BUY NOW”) that concludes the ordering process.
2.3 eccomp can accept your offer within five days,
by sending you a written order confirmation or an order confirmation in text form (e-mail), in which case the receipt of the order confirmation by you is decisive, or
by eccomp delivering the ordered goods to you, in which case the receipt of the goods by you is decisive.
The contract is concluded at the point in time when one of the aforementioned alternatives occurs first. The period for the acceptance of the offer begins on the day after the sending of the offer by you and ends with the expiry of the fifth day following the sending of the offer. If eccomp does not accept your offer within the aforementioned period, this shall be considered as a rejection of the offer with the consequence that you are no longer bound to your declaration of intent.
2.4 If you pay by means of a payment method from Stripe (credit card & instant transfer) that can be selected in the online order process, eccomp already declares acceptance of your offer at the time at which you complete the order process by clicking on “BUY NOW”.
2.5 Before bindingly submitting the order via the eccomp online order form, you can recognize possible input errors by carefully reading the information displayed on the screen. The enlargement function of the browser is a means for better recognition of input errors. You can correct your entries during the electronic ordering process using the usual keyboard and mouse functions or touch screen until you complete the ordering process by clicking on “BUY NOW”.
2.6 The order processing and contacting usually take place via e-mail and automated order processing. You must ensure that the e-mail address you provide for order processing is correct so that e-mails sent by eccomp can be received at this address. In particular, when using SPAM filters, you must ensure that all e-mails sent by eccomp or third parties commissioned by eccomp with the order processing can be delivered.
3. right of withdrawal
3.1 Consumers are generally entitled to a right of revocation.
3.2 More detailed information on the right of revocation can be found in the revocation instructions of eccomp.
3.3 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of the conclusion of the contract.
4. Prices and terms of payment
4.1 Unless otherwise stated in the product description of eccomp, the prices stated are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which eccomp is not responsible and which are to be borne by you. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but you make the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to you in the eccomp online store.
4.5 You can also find more information under Shipping.
5. delivery and shipping conditions
5.1 The delivery of goods is made by shipping to the delivery address provided by you, unless otherwise agreed.
5.2 If the delivery of the goods fails for reasons for which you are responsible, you will bear the reasonable costs incurred by eccomp as a result. This does not apply with regard to the costs for the return shipment if you effectively exercise your right of revocation. In the event of an effective exercise of the right of revocation by you, the provision made in the revocation instructions of eccomp shall apply to the return costs.
5.3 If you are trading as a consumer or entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods is generally only transferred upon handover of the goods to you or a person authorized to receive them. In deviation from this, the risk of accidental loss and accidental deterioration of the sold goods will also pass to you in the case of consumers as soon as eccomp has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if you commission the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and eccomp has not previously named this person or institution to you.
5.4 eccomp reserves the right to withdraw from the contract in case of incorrect or improper self-delivery. This only applies in the event that eccomp is not responsible for the non-delivery and eccomp has concluded a specific covering transaction with the supplier with due diligence. eccomp will make all reasonable efforts to procure the goods. In case of non-availability or only partial availability of the goods, you will be informed immediately and the consideration will be refunded without delay.
5.5 Self-collection directly from eccomp is not possible for logistical reasons.
5.6 Further information can be found under shipping.
6. retention of title
6.1 In relation to consumers, eccomp retains ownership of the delivered goods until the purchase price owed has been paid in full.
6.2 With respect to entrepreneurs, eccomp retains ownership of the delivered goods until all claims from a current business relationship have been settled in full.
6.3 If you trade as an entrepreneur, you are entitled to resell the reserved goods in the ordinary course of business. You assign all claims against third parties arising from this to eccomp in advance in the amount of the respective invoice value (including value added tax). This assignment applies regardless of whether the goods subject to retention of title have been resold without or after processing. You remain authorized to collect the claims even after the assignment. The authority of eccomp to collect the claims itself remains unaffected. eccomp will, however, not collect the claims as long as you meet your payment obligations to eccomp, are not in default of payment and no application for the opening of insolvency proceedings has been filed.
7. Liability for defects (warranty)
If the purchased item is defective, the provisions of the statutory liability for defects apply. The following shall apply in derogation thereof:
7.1 If you trade as an entrepreneur
eccomp has the choice of the type of subsequent performance;
in the case of new goods, the limitation period for defects is one year from delivery of the goods;
in the case of used goods, the rights and claims due to defects are generally excluded;
the limitation period shall not start 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 forth in the foregoing clauses shall not apply to
to claims for damages and reimbursement of expenses on your part, as well as
in the event that eccomp has fraudulently concealed the defect.
7.3 If you are trading as a consumer, you are requested to complain about delivered goods with obvious transport damages to the deliverer and to inform eccomp about this. If you do not comply with this, this has no effect on your legal or contractual claims for defects.
eccomp is liable to you for all contractual, quasi-contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:
8.1 eccomp is liable without limitation for any legal reason
in case of intent or gross negligence,
in case of intentional or negligent injury to life, body or health,
on the basis of a guarantee promise, insofar as nothing else is regulated in this respect,
on the basis of mandatory liability such as under the Product Liability Act.
8.2 If eccomp negligently violates an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the above clause. Material contractual obligations are obligations which the contract imposes on eccomp according to its content in order to achieve the purpose of the contract, the fulfilment of which enables the proper execution of the contract in the first place and compliance with which you may regularly rely on.
8.3 In all other respects, liability on the part of eccomp is excluded.
8.4 The above liability regulations also apply with regard to liability by eccomp for vicarious agents and legal representatives.
9. special conditions for the processing of goods according to certain specifications by you
9.1 If, in addition to the delivery of goods, eccomp is also obliged to process the goods according to certain specifications, you shall provide eccomp with all content required for the processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by eccomp and grant eccomp the necessary rights of use. You are solely responsible for obtaining and acquiring the rights to this content. You declare and assume responsibility for the fact that you have the right to use the content provided to eccomp. In particular, you are responsible for ensuring that no rights of third parties are violated, especially copyrights, trademark rights and personal rights.
9.2 You indemnify eccomp against claims of third parties which they may assert against eccomp in connection with an infringement of their rights through the contractual use of your content by eccomp. In this context, you also assume the reasonable costs of the necessary legal defense, including all court and attorney fees in the statutory amount. This does not apply if you are not responsible for the infringement. In case of a claim by a third party, you are obliged to provide eccomp immediately, truthfully and completely with all information that is necessary for the examination of the claims and a defense.
9.3 eccomp reserves the right to refuse processing orders if the contents provided by you for this purpose violate legal or official prohibitions or offend common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth endangering and/or violence glorifying content.
10. Redemption of promotional vouchers
10.1 Vouchers which are issued by eccomp free of charge within the scope of promotions with a certain period of validity and which cannot be purchased by you (hereinafter “promotion vouchers”) can only be redeemed in the eccomp online store and only within the specified period of time, unless otherwise stated in the content of the voucher.
10.2 Individual products may be excluded from the voucher campaign, provided that a corresponding restriction results from the content of the promotion voucher.
10.3 Promotion vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
10.4 Only one promotional voucher can be redeemed per order.
10.5 If the voucher refers to a value of goods, this must correspond at least to the amount of the promotional voucher, unless otherwise stated in the content of the voucher (in particular a minimum order value). Any remaining credit will not be refunded by eccomp.
10.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by eccomp can be chosen to settle the difference.
10.7 The credit of a promotional voucher is neither paid out in cash nor does it bear interest.
10.8 The promotional voucher will not be refunded if you return the goods paid for in full or in part with the promotional voucher within the scope of your statutory right of withdrawal.
10.9 A transfer of the promotion voucher to a third party is excluded. eccomp is entitled, but not obliged, to check the material eligibility of the respective voucher holder.
11. Applicable law
All legal relations between the parties shall be governed by the laws of the Republic of Austria to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
12. place of jurisdiction
If you are a merchant, a legal entity under public law or a special fund under public law with your registered office in the territory of the Republic of Austria, the exclusive place of jurisdiction for all disputes arising from this contract is the eccomp registered office. If you have your registered office outside the territory of the Republic of Austria, the eccomp registered office is 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 your professional or commercial activity. eccomp is, however, entitled in the above cases to call upon the court at your registered office in any case.
13. Alternative dispute resolution
13.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr.
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
13.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.