Terms of Service
General terms and conditions from Carlidooskope as of October 2020
These general terms and conditions (hereinafter "GTC") apply to all contracts between the customer (hereinafter "customer") and the company Carlidooskope, Carl Jungwirth, St. Oswald 9, A-4170 Haslach an der Mühl ( hereinafter referred to as "Carlidooskope"). Deviating conditions of the customer will not be recognized without express written consent.
A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their commercial or independent professional activity.
2. Conclusion of a contract in the web shop / distance selling
The product descriptions contained in the Carlidooskope online shop do not constitute binding offers, but serve for the submission of a binding offer by the customer.
The customer can submit the offer using the online order form integrated in the online shop. After placing the selected goods and / or services in the virtual shopping cart and going through the electronic ordering process, the customer makes a legally binding contract offer for the goods in the shopping cart by clicking the button that concludes the ordering process and / or services. Furthermore, the customer can also submit the offer to Carlidooskope by post, email, fax or telephone.
When submitting an offer via the online shop, the customer receives a confirmation of receipt of the order.
Carlidooskope can accept the customer's offer within five days,
by sending the customer a written order confirmation by post, 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, or
by asking the customer to pay after submitting his / her order.
If there are several of the aforementioned alternatives, the contract is concluded at the time when one of the aforementioned alternatives occurs first. If Carlidooskope does not accept the customer's offer within the period of five days, this is considered to be a rejection of the offer, with the result that the customer is no longer bound by his offer.
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.
Order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the e-mail address given by him / her to process the order is correct so that the e-mails sent by Carlidooskope can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by Carlidooskope can be delivered.
3. Right of withdrawal
Consumers residing in the European Union can withdraw from a distance contract or a contract concluded away from business premises within 14 days without giving reasons . The declaration of withdrawal is not tied to any specific form; it can be made using the sample withdrawal form attached to these GTC. The withdrawal deadline is met if the declaration of withdrawal is sent within the deadline.
Consumers have no right of withdrawal in the case of distance sales or outside of business premises
Services, if the company - on the basis of an express request by the consumer and a confirmation by the consumer of his / her knowledge of the loss of the right of withdrawal in the event of complete fulfillment of the contract - had started to perform the service before the withdrawal period had expired and the service was then fully provided,
Goods that are made to customer specifications or that are clearly tailored to personal needs.
Furthermore, consumers have no right of withdrawal if the premises are closed outside of business premises
if you yourself have initiated the business relationship with the company or its agent for the purpose of concluding this contract,
if the conclusion of the contract was not preceded by any discussions between the parties or their agents,
In the case of contracts in which the mutual services are to be provided immediately, if they are usually concluded by companies outside their business premises and the agreed fee is 25 euros, or if the company, by its nature, is not operated in permanent business premises and the fee does not exceed 50 euros ,
in the case of contracts that are subject to the Distance and Foreign Business Act or the Insurance Contract Act, or
in the case of contractual statements made by consumers in the physical absence of the company, unless they have been urged to do so by the company.
The customer must bear the shipping costs for returning the goods and ensure that the goods are properly packaged . The customer is liable for transport damage that can be traced back to improper packaging.
In the case of an effective return, the mutually received services are to be returned and any benefits (e.g. advantages of use) surrendered.
4. Prices and terms of payment
Unless otherwise stated in the product description, the prices given are total prices that include statutory sales tax. Any additional delivery and shipping costs that may be incurred are specified separately in the respective product description.
In the case of deliveries to countries outside the European Union, additional costs may arise for which Carlidooskope is not responsible and which are to be borne by the customer. 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 arise in relation to the money transfer 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.
The following payment options are available to customers for distance orders:
If you choose the payment method purchase on account , the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. Carlidooskope reserves the right to offer the payment method purchase on account only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the customer will be informed of a corresponding payment restriction in the payment information in the online shop.
In the event of default, the customer undertakes to reimburse the reminder and collection costs necessary for appropriate legal prosecution, insofar as these are in reasonable proportion to the claim made, and to pay default interest of 4% pa. The statutory default interest for companies remains unaffected.
5. Retention of title
Carlidooskope retains ownership of the delivered goods until the purchase price owed has been paid in full.
6. Delivery and shipping conditions
The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the company Carlidooskope is decisive.
If the transport company sends the goods back to Carlidooskope because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment . This does not apply if the customer effectively exercises his / her right of withdrawal, if he / she is not responsible for the circumstance that led to the impossibility of delivery or if he / she was temporarily prevented from accepting the service offered unless the Carlidooskope company had announced the service to him / her in advance.
If the customer acts as a company , the risk of accidental loss and accidental deterioration of the goods sold is transferred to the customer as soon as Carlidooskope has given the goods to the freight forwarder, the carrier or anyone else responsible for carrying out the shipment Extradited person or institution.
If the customer acts as a consumer , the risk of accidental loss and accidental deterioration of the goods sold is generally only transferred when the goods are handed over to the customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold, even in the case of consumers, is already transferred to the customer as soon as Carlidooskope delivers the goods to the forwarding agent, the carrier or the person or institution otherwise assigned to carry out the shipment has delivered if the customer has commissioned the freight forwarder, the carrier or the person or institution otherwise appointed to carry out the shipment and the company Carlidooskope has not previously named this person or institution to the customer.
In the case of self-collection , Carlidooskope first informs the customer by e-mail that the goods he / she has ordered are ready for collection. After receiving this e-mail, the customer can pick up the goods at the Carlidooskope headquarters in consultation with Carlidooskope. In this case, no shipping costs will be charged.
In the event of defects, the provisions of the statutory warranty apply.
The following applies to companies :
an insignificant defect does not justify any warranty claims,
Carlidooskope has the choice of the type of defect correction,
the limitation period does not start again if a replacement delivery is made within the scope of liability for defects.
If the customer acts as a consumer , he / she is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform Carlidooskope of this. If the customer does not comply, this has no effect on his / her statutory or contractual warranty claims.
The Carlidooskope company is liable to the customer for all contractual, contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:
The Carlidooskope company is fully liable for any legal reason in the event of willful intent or gross negligence as well as in the event of willful or negligent injury to life, body or health.
If Carlidooskope negligently breaches an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability is assumed in accordance with the above.
Incidentally, any liability on the part of Carlidooskope is excluded.
9. Applicable law / place of jurisdiction
The law of the Republic of Austria applies to all legal relationships between the parties, excluding the UN sales law. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his / her place of residence is not withdrawn.
The protection of your personal data is very important to us. We therefore process your data exclusively on the basis of the statutory provisions (GDPR, TKG 2003). In this data protection information we inform you about the most important aspects of data processing on our website.
When you visit our website, your IP address and the beginning and end of the session are recorded for the duration of this session. This is due to technical reasons and thus represents a legitimate interest within the meaning of Article 6 (1) (f) GDPR. Unless otherwise regulated in the following, we will not process this data further.
If you contact us using the form on the website or by e-mail, the data you provide will be stored by us for six months in order to process the request and in the event of follow-up questions. We do not pass on this data without your consent.
We would like to point out that for the purpose of a simpler shopping process and for later contract processing, the web shop operator stores the IP data of the subscriber as part of cookies, as well as the customer's name, address and credit card number.
The data you provide are required to fulfill the contract or to carry out pre-contractual measures. Without this data we cannot conclude the contract with you. There is no data transfer to third parties, with the exception of the transfer of credit card data to the processing bank / payment service provider for the purpose of debiting the purchase price, to the transport company / shipping company commissioned by us to deliver the goods and to our tax advisor to fulfill our tax obligations.
After canceling the shopping process, the data stored by us will be deleted. If a contract is concluded, all data from the contractual relationship will be stored until the expiry of the tax retention period (7 years).
The data name, address, purchased goods and date of purchase are also stored until the product liability expires (10 years). The data processing takes place on the basis of the legal regulations of § 96 Abs. 3 TKG as well as Art. 6 Abs. 1 lit. a (consent) and / or lit. b (necessary to fulfill the contract) of the GDPR.
You have the right to information, correction, deletion, restriction, data portability, revocation and objection with regard to your data stored by us. If you believe that the processing of your data violates data protection law or that your data protection claims have been violated in any other way, you can contact us at email@example.com or the Austrian data protection authority (https: //www.dsb. gv.at/) complain.
You can reach us under the following contact details:
St. Oswald 9
4170 Haslach an der Mühl
Mobile: 0043 699 10564241