GENERAL TERMS & CONDITIONS
Kurze Gasse 11
§1 General Provisions1. If this text uses the male form for personal terms, it used because of reasons of ease of reading and also refers to the female form in the same way.
7. The contract, order and business language is English.
§2 Online Shop
The Customer can purchase goods electronically via the service by registering a customer account or without an account as a guest.
The Customer can choose to buy individual products by clicking the button “Add to Cart”. The Customer can check the content of the cart for errors after clicking the button “Cart”. The further order process is completed by submitting the required data for the order and is concluded by clicking the button “Buy Now”. The customer orders the goods and is liable to pay for them by clicking the button “Buy Now”. The Customer has the opportunity to check the order for potential errors before concluding the order and correct them.
3. Offer and Contract Conclusion
The products and services displayed on the Website are no binding offers; they are a solicitation for the Customer to make a liable offer to the Provider. The Customer makes a binding offer to enter into the purchase contract by concluding the order of the products (by clicking the button “Buy Now”). This process does not yet constitute an acceptance of the offer. The purchase contract enters into force only with the acceptance of the order by the Provider. The Customer then receives an email confirming the order receipt. The acceptance of the Customer’s offer takes place within 14 days counting from the sending of the order confirmation. The acceptance either takes place by sending a declaration of acceptance to the Customer via e-mail or by sending the ordered products.
4. Saving of the Contract Text and the General Terms and Conditions
The Provider does not save the contract text; the Customer is advices to save their order and General Terms and Conditions themselves if they would like to refer to them at a later date.
5. Delivery, Shipping Fees and Passing of Risk
The delivery is carried out via postal or parcel service. The type of service depends on the ordered product(s) and is determined by the Provider. The delivery is made to the delivery address submitted by the Customer in general within 30 days counting from the Provider’s receipt of the order. The delivery period may be extended if special reasons prevent timely delivery.
During delivery of the products, the risk for loss or damage of the products only passes onto the Customer when the products have been delivered to the Customer or to a third party determined by the Customer, other than the carrier.
If the ordered products are not available and cannot be delivered due to reasons beyond the control of the Provider, the Provider can withdraw from the purchase contract. The Customer does not have any claims based on the impossibility of the contract performance.
All prices displayed in € (Euro) include the statutory value-added tax. The delivery fees are displayed additionally. Liability is excluded for input and transmission errors. The Provider reserves the right to point out the validity period of limited offers.
7.1. Payment for the order can be via PayPal.
7.2. The Provider reserves the right to exclude certain payment methods on a case-by-case basis.
8. Information Regarding the Right of Withdrawal from the Contract or the Exercise of the Right of Withdrawal
8.1. Right of Withdrawal (Right of Revocation)
The Customer has the right to withdraw from the contract without giving any reasons within 14 days.
The right of withdrawal is 14 days counting from the day the Customer or a third party determined by the Customer, other than the carrier took possession of the last partial shipment or the last item.
The Customer has to inform the Provider (Elisabeth Steiger, Ruthgasse 21, 1190 Vienna, e-mail: contact[@]pelagona.com) with a clear statement (e.g. with a letter sent by postal mail or e-mail) about their decision to withdraw from the contract.
It is sufficient to send the declaration about the exercise of the right of withdrawal before the revocation deadline to meet the revocation deadline. Furthermore, the Provider accepts the return of the ordered products before the expiry of the revocation deadline as withdrawal (see Section 8.2 – indications for return). The Customer receives a confirmation of receipt as soon as their decision to withdraw from this contract is received by the Provider.
8.2. Consequences of a Withdrawal
If the Customer withdraws from the contract, the Provider has to refund the payments received by the Customer, including the delivery fees, immediately and no later than 14 days counting from the day of receipt of the withdrawal from the contract. Unless otherwise explicitly agreed, the same payment method as for the payment of the original order is used for the refund;there will be no fees for the Customer for this refund. The Provider reserves the right to refuse this refund until the products have been received or the Customer proves that they have returned the products, whichever the earlier.
The Provider does not accept free returns. The customer will need to cover the cost of return postage.
The expiry period is met if the products have been handed over to the postal or parcel service by the Customer before the expiry of 14 days. The Customer has to pay for possible loss of value of the products only if this loss of value is due to a use which exceeds the check of the condition, technicalities and features of the products.
There is no right of withdrawal for the following contracts:
Contracts for the delivery of products which are not prefabricated and the production of which is determined by the individual selection or decision by the Customer or which are explicitly customized to the needs of the Customer (e.g. customized production, configuration according to the Customer’s request).
End of the information about the right of withdrawal from the contract and the exercise of the right of withdrawal.
§3 Force Majeure
1. The Provider is not liable for delays in supply or delivery of the products. This also applies to causes addressing the Provider’s agents:
2. Force Majeure and other causes unforeseeable and/or unavoidable by the Provider and extraordinary events for which the Provider is not responsible and which take place after the ordering or reserving or which remained unknown without the Provider’s fault. Furthermore, strikes, fires, floods, labour disputes, interruptions of operations, changes in administrative permits or in the law and administrative orders, which cannot be attributed to operational risks.
3. The Provider reserves the right in cases of §3 Clause 1 to extend the delivery or performance by the duration of such disruption plus a reasonable starting time. If the Provider proves to the Customer that an unreasonable impediment to performance exists, the Provider and/or the Customer can withdraw from the contract. This excludes circumstances which lead to mere temporary performance and delivery delays which have to be accepted by the Customer. The legal rights of the Customer remain unaffected.
§4 Liability1. The Provider is only liable for damages which are caused by intent or gross negligence of the contract.
2. The Provider is also liable which are caused by simple negligence of the contractual main duty; however, in this case, the liability is limited to the average damage foreseeable at conclusion of the contract.
3. The Provider is also liable for small negligence relating to personal injuries. Claims according to the Product Liability Law (Produkthaftungsgesetz) remain unaffected.
§5 Transport Damages, Deficiencies
The Customer shall inform the Provider about obvious defects of any kind of the packaging or the products, including transport damages, at delivery 14 days counting from the receipt of the products. Obvious outwardly recognizable defects shall be confirmed in writing by the parcel service (carrier) at the handover of the delivery. The legal rights of the Customer shall not be limited hereby.§6 Warranty
The warranty is effected under legal requirements (24 months from the receipt of the products). If return or improvement are not an option (because they are not possible, unreasonable, the required expenditure is too high), the Customer is entitled to a price reduction – or if the defects are not negligible – to a cancellation of the contract.
The compensation of defects or consequential damages, as well as material damage, pecuniary loss and damages claimed by third parties against the Customer, unless a transaction is a consumer transaction (Verbrauchergeschäft), are excluded.
1. To shop in the Provider’s online store, the Customer can set up a personal user account (hereinafter referred to as “User Account”). In this User Account the Customer can save personal information. The User Account facilitates a more convenient way to shop on the Provider’s store. In both cases, the Customer has to provide certain data to use the service.
2. Only natural and juristic persons of age are authorized to register.
3. The Customer assures that the data provided are complete and correct. The Customer undertakes to inform the Provider about changes in the data if they are necessary for the business processing. The fields marked as required have to be entered to register. In particular, a current e-mail address has to be provided. This e-mail address has to be actually assigned to and checked regularly by the Customer. The Provider uses a so-called “double-opt-in-process”. After the completion of the registration the Customer receives an e-mail at the indicated e-mail address with a link to complete the registration process.The Customer needs to click on this link to confirm the registration.
4. If the Customer chooses a permanent User Account, the Customer has to choose a password by themselves at registration. This password enables the future log-in. The Customer has to keep their password private and shall not share it with third parties to prevent the misuse of the User Account. If there is reason to believe that unauthorized parties gained knowledge of the password, the Customer shall inform the Provider immediately.
§8 Retention of Title
The products remain the property of the Provider until the Customer has paid the full purchase price.
The Customer can only claim retention, if the reason for his demand is based in the same contract.
§10 Data Protection
1. Personal data are collected, processed and stored by the Provider exclusively according to the legal provisions of the Austrian Data Protection Legislation (Österreichisches Datenschutzrecht), in particular the Data Protection Law (Datenschutzgesetz (DSG)) and the EU General Data Protection Regulation (GDPR). The Customer explicitly gives their consent hereto.
As of December 2018