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 Terms
6. Retention of Title
7. Liability for Defects (Statutory Warranty)
8. Redemption of Promotional Vouchers
9. Applicable Law
10. Code of Conduct
11. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter “GTC”) of Benjamin Fasser, trading as “Benjamin Fasser” (hereinafter “Seller”), apply to all contracts for the delivery of goods concluded between a consumer or business (hereinafter “Customer”) and the Seller concerning goods presented in the Seller's 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 GTC, a consumer is any natural person who enters into a legal transaction for purposes predominantly outside their trade, business or independent professional activity.

1.3 For the purposes of these GTC, a business is a natural or legal person or a partnership with legal capacity acting in the course of its commercial or independent professional activity when concluding a legal transaction.

2) Conclusion of Contract

2.1 The product descriptions in the Seller's online shop do not constitute binding offers by the Seller but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit an offer through the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding offer for the goods in the shopping cart by clicking the button that completes the order. The Customer may also submit an offer to the Seller by email.

2.3 The Seller may accept the Customer's offer within five days:

• by sending the Customer written order confirmation or confirmation in text form (fax or email), in which case receipt of the confirmation by the Customer is decisive; or
• by delivering the ordered goods to the Customer, in which case receipt of the goods by the Customer is decisive; or
• by requesting payment from the Customer after the order has been placed.

If more than one of these alternatives applies, the contract is concluded when the first occurs. The period for accepting the offer begins on the day following the Customer's submission and ends upon expiry of the fifth day thereafter. If the Seller does not accept the offer within this period, the offer is deemed rejected and the Customer is no longer bound by their declaration.

2.4 If a payment method offered by PayPal is selected, payment is processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), subject to the PayPal User Agreement available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or, if the Customer does not have a PayPal account, the terms for payments without a PayPal account available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays using a PayPal payment method available during online checkout, the Seller hereby declares acceptance of the Customer's offer at the moment the Customer clicks the button completing the ordering process.

2.5 When ordering through the Seller's online order form, the Seller stores the contract text after conclusion of the contract and sends it to the Customer in text form (e.g. email, fax or letter) after the order is submitted. The Seller does not otherwise make the contract text accessible. If the Customer created an account in the Seller's online shop before placing their order, the order details are archived on the Seller's website and can be accessed free of charge through the password-protected account using the relevant login credentials.

2.6 Before submitting a binding order through the online order form, the Customer can identify possible input errors by carefully reviewing the information displayed on screen. The browser's zoom feature may help identify such errors by enlarging the display. The Customer may correct their entries using the standard keyboard and mouse functions throughout the electronic ordering process until they click the button completing the order.

2.7 Different languages are available for concluding the contract. The specific language options are displayed in the online shop.

2.8 Order processing generally takes place automatically by email. The Customer must ensure that the email address provided for order processing is correct and can receive emails sent by the Seller.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information about the right of withdrawal is provided in the Seller's withdrawal policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices. No VAT is charged because the Seller is exempt from VAT under the small business scheme. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, charges for transferring funds imposed by credit institutions (such as transfer fees and exchange-rate fees) or import duties and taxes (such as customs duties). Costs related to transferring funds may also arise if delivery is made within the European Union but the Customer makes payment from a country outside the European Union.

4.3 Available payment methods are communicated to the Customer in the Seller's online shop.

4.4 If the Customer selects a payment method offered through PayPal, payment is processed via PayPal, which may also use third-party payment service providers. If the Seller offers PayPal payment methods under which the Seller provides goods or services before receiving payment (such as purchase on account or instalment payments), the Seller assigns the corresponding payment claim to PayPal or the payment service provider commissioned by PayPal and specifically identified to the Customer. Before accepting the assignment, PayPal or its commissioned provider carries out a credit check using the transmitted Customer data. The Seller reserves the right to refuse the selected payment method if the check has a negative outcome. If the method is approved, the Customer must pay the invoiced amount within the agreed payment period or instalment intervals. In this case, the Customer can discharge their payment obligation only by paying PayPal or its commissioned payment service provider. Even if a claim has been assigned, the Seller remains responsible for general Customer inquiries relating, for example, to goods, delivery times, dispatch, returns, complaints, withdrawal notices and returned goods or credit notes.

4.5 If a payment method offered through “Shopify Payments” is selected, payment is processed by Shopify International Limited, Victoria Buildings, 2nd Floor, 1–2 Haddington Road, Dublin 4, D04 XN32, Ireland (“Shopify”). The individual payment methods offered through Shopify Payments are communicated to the Customer in the Seller's online shop. Shopify may use additional payment services for processing payments, to which separate terms may apply and about which the Customer may be informed separately. Further information on Shopify Payments is available at https://www.shopify.com/legal/terms-payments/de.

4.6 If a payment method offered through “Apple Pay” is selected, payment is processed by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland (“Apple”). The individual payment methods offered through Apple Pay are communicated to the Customer in the Seller's online shop. Apple may use additional payment services to process payments, for which separate terms may apply and about which the Customer may be informed separately. Further information on Apple Pay is available at https://www.apple.com/de/apple-pay/.

5) Delivery and Shipping Terms

5.1 If the Seller offers shipping, the goods will be delivered within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified during the Seller's order processing is decisive. If PayPal is selected as the payment method, the delivery address stored by the Customer with PayPal at the time of payment is decisive instead.

5.2 If delivery fails for reasons attributable to the Customer, the Customer bears the reasonable costs incurred by the Seller as a result. This does not apply to the original delivery costs if the Customer validly exercises their right of withdrawal. In the event of a valid withdrawal, the rules regarding return shipping costs set out in the Seller's withdrawal policy apply.

5.3 If the Customer acts as a business, the risk of accidental loss and accidental deterioration of the goods passes to the Customer as soon as the Seller hands over the goods to the freight forwarder, carrier or other person or entity appointed to carry out the shipment. If the Customer is a consumer, this risk generally passes only when the goods are handed over to the Customer or a person authorised to receive them. As an exception, the risk also passes to a consumer upon handover to the freight forwarder, carrier or other person or entity appointed to carry out the shipment if the Customer commissioned that party and the Seller had not previously identified that party to the Customer.

5.4 Collection in person is not possible for logistical reasons.

6) Retention of Title

If the Seller supplies goods before receiving payment, the Seller retains title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Statutory Warranty)

Unless otherwise provided below, the statutory rules on liability for defects apply. The following deviations apply to contracts for the delivery of goods:

7.1 If the Customer acts as a business:

• the Seller may choose the form of subsequent performance or remedy;
• the limitation period for rights arising from defects in new goods is one year from delivery;
• rights arising from defects in used goods are excluded;
• the limitation period does not begin anew if replacement goods are delivered as part of the remedy for defects.

7.2 The above limitations of liability and reductions in limitation periods do not apply:

• to claims by the Customer for damages or reimbursement of expenses;
• where the Seller has fraudulently concealed a defect;
• to goods that have been used for a building in accordance with their usual purpose and caused the building to be defective;
• to any existing obligation on the Seller to provide updates for digital products in contracts for goods with digital elements.

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

7.4 If the Customer is a consumer, they are requested to report any obvious transport damage to the delivery agent and inform the Seller. Failure to do so does not affect their statutory or contractual rights arising from defects in any way.

8) Redemption of Promotional Vouchers

8.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specified validity period and which cannot be purchased by the Customer (“Promotional Vouchers”) may only be redeemed in the Seller's online shop and within the stated period.

8.2 Promotional Vouchers may only be redeemed by consumers.

8.3 Individual products may be excluded from a promotion if such a restriction is stated in the Promotional Voucher.

8.4 Promotional Vouchers may only be redeemed before the ordering process is completed. Subsequent offsetting or application is not possible.

8.5 Only one Promotional Voucher may be redeemed per order.

8.6 If a Promotional Voucher specifies a fixed amount rather than a percentage discount, the value of the goods must be at least equal to the voucher amount. Any remaining credit will not be refunded by the Seller.

8.7 If the Promotional Voucher does not cover the full order amount, the difference may be paid using one of the other payment methods offered by the Seller.

8.8 Promotional Voucher credit cannot be paid out in cash and does not earn interest.

8.9 A Promotional Voucher will not be refunded if the Customer returns goods paid for in whole or in part with that voucher under their statutory right of withdrawal.

8.10 Promotional Vouchers are transferable. The Seller may discharge their obligations by providing performance to the person presenting and redeeming the voucher in the Seller's online shop. This does not apply where the Seller knows, or is grossly negligent in not knowing, that the holder is not entitled to redeem the voucher, lacks legal capacity or lacks authority to represent the entitled person.

9) Applicable Law

All legal relationships between the parties are governed by the laws of the Republic of Austria, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which they habitually reside.

10) Code of Conduct

The Seller has submitted to the Trusted Shops quality criteria, available online at https://business.trustedshops.de/quality-criteria-de.

11) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

 

 

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