Terms of service

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Redemption of Promotional Vouchers
9. Applicable Law
10. Alternative Dispute Resolution

1. Scope of Application

1.1 These General Terms and Conditions, hereinafter referred to as “GTC”, of Benjamin Fasser, trading as “Benjamin Fasser”, hereinafter referred to as “we/us”, apply to all contracts for the delivery of goods that you, as a consumer or entrepreneur, hereinafter referred to as “you”, conclude with us regarding the goods presented by us in our online shop. We hereby object to the inclusion of your own terms and conditions, unless we have agreed otherwise with you.

1.2 You are a consumer within the meaning of these GTC if you enter into a legal transaction for purposes that can predominantly be attributed neither to your commercial nor to your self-employed professional activity.

1.3 You are an entrepreneur within the meaning of these GTC if you are a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of your commercial or self-employed professional activity.

1. Conclusion of Contract

2.1 The product descriptions contained in our online shop do not constitute binding offers on our part, but serve as the basis for you to submit a binding offer.

2.2 You can submit the offer via the online order form integrated into our online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, you submit a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that completes the order process. You may also submit the offer to us by email.

2.3 We may accept your offer within five days,

– by sending you a written order confirmation or an order confirmation in text form, such as fax or email, whereby receipt of the order confirmation by you is decisive in this respect, or
– by delivering the ordered goods to you, whereby receipt of the goods by you is decisive in this respect, or
– by requesting payment from you after you have placed your order.

If several of the above alternatives apply, the contract is concluded at the time when one of the above alternatives occurs first. The period for accepting your offer begins on the day after you send your offer and ends at the end of the fifth day following the sending of the offer. If we do not accept your offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that you are no longer bound by your declaration of intent.

2.4 If you select a payment method offered by PayPal, payment processing will be carried out via the payment 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”, subject to the PayPal Terms of Use, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or, if you do not have a PayPal account, subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If you pay using a payment method offered by PayPal that can be selected during the online ordering process, we hereby declare acceptance of your offer at the time when you click the button that completes the order process.

2.5 When submitting an offer via our company’s online order form, the contract text will be stored by us after conclusion of the contract and sent to you in text form, for example by email, fax or letter, after you have sent your order. We do not make the contract text accessible beyond this. If you have created a user account in our online shop before sending your order, the order data will be archived on our website and can be accessed by you free of charge via your password-protected user account by entering the corresponding login details.

2.6 Before submitting a binding order via our online order form, you can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detecting input errors may be the zoom function of your browser, which enlarges the display on the screen. You can correct your entries during the electronic ordering process using the usual keyboard and mouse functions until you click the button that completes the order process.

2.7 Different languages are available to you for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8 Order processing and contact usually take place by email and automated order processing. You must ensure that the email address you provide for order processing is correct so that emails sent by us can be received at this address. In particular, when using spam filters, you must ensure that all emails sent by us or by third parties commissioned by us for order processing can be delivered.

1. 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 our withdrawal policy.

1. Prices and Payment Terms

4.1 Unless otherwise stated in our product description, the prices stated are total prices. VAT is not shown, as we are a small business within the meaning of the Austrian VAT Act. Any additional delivery and shipping costs that may apply are stated separately in the respective product description.

4.2 The available payment option or options will be communicated to you in our online shop.

4.3 If you select the payment method “Sofort Bank Transfer”, payment processing will be carried out by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden, hereinafter referred to as “Klarna”. In order to pay the invoice amount via “Sofort Bank Transfer”, you must have an online banking account activated for participation in “Sofort Bank Transfer”, identify yourself accordingly during the payment process and confirm the payment instruction. The payment transaction will be carried out immediately afterwards by Klarna and your bank account will be debited. Further information on the “Sofort Bank Transfer” payment method can be found online at https://www.klarna.com/sofort/.

4.4 If you select a payment method offered via the “Shopify Payments” payment service, payment processing will be carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland, hereinafter referred to as “Stripe”. The individual payment methods offered via Shopify Payments will be communicated to you in our online shop. Stripe may use other payment services to process payments, for which special payment terms may apply and to which you may be separately referred. Further information about “Shopify Payments” can be found online at https://www.shopify.com/legal/terms-payments-de.

4.5 If you select a payment method offered via the “Stripe” payment service, payment processing will be carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland, hereinafter referred to as “Stripe”. The individual payment methods offered via Stripe will be communicated to you in our online shop. Stripe may use other payment services to process payments, for which special payment terms may apply and to which you may be separately referred. Further information about Stripe can be found online at https://stripe.com/de.

4.6 If you select payment by credit card via Stripe, the invoice amount is due immediately upon conclusion of the contract. 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 referred to as “Stripe”. Stripe reserves the right to carry out a credit check and to reject this payment method in the event of a negative credit check.

1. Delivery and Shipping Conditions

5.1 If we offer shipping of the goods, delivery will be made within the delivery area specified by us to the delivery address provided by you, unless otherwise agreed. When processing the transaction, the delivery address specified in our order processing is decisive. By way of derogation from this, if PayPal is selected as the payment method, the delivery address stored with PayPal by you at the time of payment is decisive.

5.2 If delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. This does not apply to the costs of the initial delivery if you effectively exercise your right of withdrawal. In the event that you effectively exercise your right of withdrawal, the regulation regarding return shipping costs set out in our withdrawal policy applies.

5.3 If you act as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to you as soon as we have delivered the item to the forwarding agent, carrier or other person or institution designated to carry out the shipment. If you act as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to you upon delivery of the goods to you or to a person authorized to receive them. By way of derogation from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to you, even if you act as a consumer, as soon as we have delivered the item to the forwarding agent, carrier or other person or institution designated to carry out the shipment, if you have commissioned the forwarding agent, carrier or other person or institution designated to carry out the shipment and we have not previously named this person or institution to you.

5.4 If we offer the goods for collection, you can collect the ordered goods within the business hours specified by us at the address specified by us. In this case, no shipping costs will be charged to you.

1. Retention of Title

If we make delivery before payment, we retain ownership of the delivered goods until the purchase price owed has been paid in full.

1. Liability for Defects (Warranty)

Unless otherwise stated in the following provisions, the statutory provisions on liability for defects apply. By way of derogation from this, the following applies to contracts for the delivery of goods:

7.1 If you act as an entrepreneur,

– we have the choice of the type of supplementary performance;
– for new goods, the limitation period for claims based on defects is one year from delivery of the goods;
– for used goods, claims based on 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 shortened limitation periods set out above do not apply

– to your claims for damages and reimbursement of expenses;
– in the event that we have fraudulently concealed the defect;
– to goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness;
– to any existing obligation on our part to provide updates for digital products in the case of contracts for the delivery of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 If you act as a consumer, you are requested to complain to the delivery agent about delivered goods with obvious transport damage and to inform us accordingly. If you fail to do so, this has no effect whatsoever on your statutory or contractual claims for defects.

1. Redemption of Promotional Vouchers

8.1 Vouchers that we issue free of charge as part of promotional campaigns with a specific validity period and that cannot be purchased by you, hereinafter referred to as “promotional vouchers”, can only be redeemed in our online shop and only during the specified period.

8.2 Promotional vouchers can only be redeemed by you as a consumer.

8.3 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of your promotional voucher.

8.4 Promotional vouchers can only be redeemed before completion of the order process. Subsequent offsetting is not possible.

8.5 Only one promotional voucher can be redeemed by you per order.

8.6 If our promotional voucher refers to a specific value and not to a percentage discount, the value of your goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by us.

8.7 If the value of the promotional voucher is not sufficient to cover your order, you can choose one of the other payment methods offered by us to pay the difference.

8.8 The balance of a promotional voucher will neither be paid out in cash nor bear interest.

8.9 The promotional voucher will not be refunded if you return goods paid for in whole or in part with the promotional voucher within the scope of your statutory right of withdrawal.

8.10 The promotional voucher is intended only for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. We are entitled, but not obliged, to verify the material entitlement of the respective voucher holder.

1. Applicable Law

All legal relationships between you and us are governed by the law of the Republic of Austria, excluding the laws on the international sale of movable goods. If you act as a consumer, this choice of law applies only insofar as the protection granted to you is not withdrawn by mandatory provisions of the law of the country in which you have your habitual residence.

1. Alternative Dispute Resolution

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Copyright Notice: These General Terms and Conditions were created by the specialist lawyers of IT-Recht Kanzlei and are protected by copyright (https://www.it-recht-kanzlei.de).