§ 1 GENERAL SECTION and AREA OF VALIDITY
1. agencia commerciale is a company registered in Austria and registered address at Prinzbachstrasse 206, 3033 Altlengbach (commercial court of St. Pölten), Austria.
2. The following standard terms apply for all commercial business activities between our business partners and us. The standard terms applicable are always those which are valid at the moment of the setting-up of a contract.
3. Enterprises in terms of the Austrian Konsumentenschutzgesetz (KSchG) are persons who are defined in Paragraph 1 Section 1 Number 1 KSchG.
4. Consumers in terms of the Austrian Konsumentenschutzgesetz (KSchG) are persons who are defined in Paragraph 1 Section 1 Number 2 KSchG.
5. Different, conflicting or additional standard terms do not become part of our contracts. These different, conflicting or additional standard terms are only applicable if we accept them individually and in written form.
§ 2 CONCLUSION OF A CONTRACT
1. Our website is to be considered only as an offer to the customers to make an order. This offer to make an order is subject to change and non-binding. We therefore reserve the right of amendments.
2. The customer makes an order by ordering a product via our contact form or via E-Mail or in any other written form. This order is binding. For this order these standard terms are applicable. All orders depend on the availability of the product and the confirmation of the price. The customer confirms the truthful and complete declaration of his (or her) personal and factual information by ordering a product.
3. agencia commerciale will confirm the receipt of the electronic order by sending an E-Mail to the customer immediately. However this confirmation of receipt is not to be considered as a binding acceptance.
4. The binding acceptance will be sent to the customer in another E-Mail. In this E-Mail the customer finds the contracting parties and the product of the now binding purchase agreement. Altogether this E-Mail contains the following information (Paragraph 5c Section 1 KSchG): Company name and address for service Description of the good Purchase price Costs of delivery Payment Right of rescission
5. agencia commercial is entitled to confirm the order within six working days after receipt of the order. Agencia commercial is not obliged to accept the order.
6. In case of non-availability or just partial availability of the product agencia commerciale will inform the customer immediately. In case of only partial availability the not involved part of the service will still be binding for all parties of the contract.
7. The duration of delivery depends on the availability of the products. For this reason we are not able to guarantee any delivery time.
§ 3 RESERVATION OF PROPERTY
1. Agencia commercial reserves the right of his property as long as the purchase price is not completely paid.
2. As long as the purchase price is not completely paid the customer is not the proprietor of the good.
3. As long as the customer is not the proprietor of the good he (or she) is obliged to treat the good carefully.
4. As long as the customer is not the proprietor of the good he (or she) is not allowed to mortgage the product or to transfer ownership as security for a debt.
§ 4 PAYMENT
1. If the customer purchases a product agencia commerciale provides different payment opportunities. Agencia commerciale accepts advance payment, credit cards, PayPal and payment on invoice. We reserve the right not to provide every single payment opportunity in any cases and on the other hand to provide additional payment opportunities in other cases.
2. The prices shown are non-binding and can therefore change.
3. In the case of a destination purchase the prices shown do not include the costs of transport and the costs of packing.
4. Customs duties and value added tax rules can vary due to the delivery address.
§ 5 RIGHT OF RESCISSION
1. Long-distance contract (Paragraph 5a-5i KSchG): 1.1. Paragraph 5a-5i KSchG are applicable if an enterprise (Paragraph 1 Section 1 Number 1 KSchG) terminates a contract with a customer (Paragraph 1 Section 1 Number 1 KSchG) only by using telecommunication services (such as for example: internet, E-Mail, teleshopping etc.), as long as the enterprise is providing a distribution system or service system (Paragraph 5a Section 1 KSchG).
2. According to Paragraph 5e KSchG a customer has the right of rescission of a contract within 14 working days after receipt of the good. The deadline is not expired if the customer returns the parcel within 14 days.
3. Customers do not have the right of rescission if (Paragraph 5f KSchG) if a product is manufactured individually or especially tailored for their needs. Furthermore a rescission of a contract is not possible if the nature or material characteristics of the good do not allow a taking back.
4. agencia commerciale politely asks our customers to justify their right of rescission in a written way.
5. The rescission must be sent to the following address:
3033 Altlengbach Austria
Or via E-Mail: firstname.lastname@example.org
6. The items must be returned:
- Originally packed
- Originally labelled
7. The customer is only allowed to "try on” – like in a store – our products. Agencia commerciale cannot accept any return if the customer already used the product in another way.
§ 6 TIME OF DELIVERY and TRANSFER OF RISK
1. The item is already handed over to the customer when the product is passed to the forwarder (Paragraph 429 Austrian Civil Code (ABGB)).
2. The transfer of risk (including especially the random risk of destruction and the random worsening of the subject matter) pass from the owner of the good to the customer at the moment of delivery by handing it over to the forwarder.
§ 7 WARRANTY
1. The warranty rules applicable are regulated in Paragraph 922 Austrian Civil Code (ABGB).
2. If the sold product does not fulfil your expectation please do not hesitate to contact our customer service:
§ 8 LIMITATION and RELEASE OF LIABILITY
1. agencia commerciale limits its liability in cases of negligently caused damage to property if the buyer is a customer in the sense of Paragraph 1 Section 1 Number 2 KSchG (§ 1 3.) (Paragraph 6 Section 1 Number 9 KSchG).
2. agencia commerciale is always liable for personal injuries if the buyer is a customer in the sense of Paragraph 1 Section 1 Number 2 KSchG (§ 1 3.) (Paragraph 6 Section 1 Number 9 KSchG).
3. agencia commerciale is not liable if the buyer is not a customer in the sense of Paragraph 1 Section 1 Number 2 KSchG.
4. agencia commerciale is not liable for mere pecuniary losses. Agencia commerciale is therefore also not liable for lost profit.
5. agencia commerciale is only liable for items and contents shown on our Website. If our Website is linked to another Website we are not liable for the items and contents shown there. As soon as we are informed of illegal contents on extern Websites agencia commerciale will lock access to these Websites.
6. agencia commerciale will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Website linked to it.
§ 9 DATA PROTECTION
1. With our "data protection information” we want to inform our customers about:
- The nature, range, duration and reasons for the data survey and;
- The processing, utilization and performance of the required personal data;
for reasons of order and billing.
- His (or her) right of protest to create and use his (or her) anonymous usage profile for reasons of advertising, market research and to create demand-oriented offerings;
- The passing on of data to from us authorized undertakings – who also respect the legal data protection rules – for reasons and duration of credit worthiness examination;
- The gratuitous right to information about his (or her) stored personal data;
- The gratuitous right to correction, deletion and locking of his (or her) stored personal data.
2. Every processing, utilization and performance of personal data that goes beyond § 11.1. requires an agreement of the customer.
3. The customer has the right of revocation of this agreement at any time.
§ 10 CHOICE OF LAW CLAUSE and FORUM
1. Exclusively Austrian law is applicable for all of our legal transactions. The rules of the UN Convention on Contracts for the international Sale of Goods are not applicable.
2. Favourable and obligatory rights of customers are not limited due to this choice of law clause.
3. You submit to the exclusive jurisdiction of the Austrian courts (commercial court of Vienna) to settle any dispute which may arise under these standard terms.
4. If individual regulations of our contracts – including these standard terms – do not come into force, the validity of the contract in the totality is not affected. The non-binding rules will be replaced by commercial rules if the other party is a company.