General Terms & Conditions of business

As per March 2018

Content:

  1. Scope

  2. Conclusion of contract

  3. Right of Rescission

  4. Prices and terms of payment

  5. Terms of delivery

  6. Retention of title

  7. Warranty

  8. Liability

  9. Applicable law and venue

  10. Alternative dispute settlement

 

1. The following General Terms & Conditions of business between

Gabriele Foissner-Weinländer, BA

1050 Wien, Hartmanngasse 17/1

Tel: +43 681 81522943

E-Mail: celeste@slipperlicious.com

 

(hereafter called ‘Seller’) apply to all contracts for delivery, which the consumer or entrepreneur (hereafter called ‘Customer’) enters into, with regards to goods or services presented in the Seller’s online-shop.

These general Terms & Conditions of business apply exclusively in its applicable version at the time of the purchase order. A Customer’s General Terms & Conditions of business that are contrary to or differ from the following terms and conditions are rejected; unless the Seller recognises these by giving express written consent.

 

A consumer for the purposes of these Terms and Conditions of business is any physical person who concludes a contract for a purpose that is neither commercial nor can it be attributed to the person's independent professional occupation.

An entrepreneur for the purposes of these Terms and Conditions of business is any physical person or legal entity or company with legal personality, which carries out commercial or independent professional activities on entering into a legal transaction.

 

2. Conclusion of contract

2.1 The product descriptions detailed in the Seller’s online-shop do not constitute a binding offer, but merely serve as the basis for a legally binding offer by the Customer. The receipt of the Customer’s online-purchase order via www.slipperlicious.com will be instantly confirmed by e-mail. This does not constitute an acceptance of the Customer’s offer, but simply confirms the receipt of the purchase order.

2.2 The Customer can submit the offer by using the online order form integrated in the Seller’s online shop. Once the Customer has placed the chosen products or services in the virtual shopping basket and has proceeded through the electronic order processing, he/she/it finalizes a binding offer of purchase for those goods in the shopping basket by clicking the check-out button. The Customer can also submit a binding offer of purchase via e-mail.

 

2.3 The Seller can accept the Customer’s order within five working days, by either:

  • sending the Customer, a written confirmation of the order in text form via e-mail, whereby its receipt by the customer is decisive.

  • delivering the ordered goods to the Customer, whereby their receipt by the customer is decisive.

  • Requesting the Customer to pay once the order has been placed.

 

In the event that several of the above-mentioned alternatives apply, the contract takes effect upon one of these alternatives occurring first. The period to accept the offer begins with the day following the Customer’s offer and ends with the fifth day following the despatch of the offer. In the event of the Seller not accepting the offer within the above specified time limit, the Customer shall no longer be bound to the declaration of intent aimed at the conclusion of a contract.

 

2.4 In the event that the Customer choses a payment method, by which he issues the instruction to the payment service provider to transfer the due amount onto the account of the Seller, the Seller declares in derogation to article 2.3 to accept the offer at the time that the amount is credited to the Seller’s account.

 

2.5 At the time the Customer submits the binding offer via the online order form the applicable Terms & Conditions of business are saved and will be provided to the Customer in text form via e-mail together with the order acceptance. In addition, the applicable Terms & Conditions of business are being archived on the Seller’s website and may be requested free of charge anytime during the period of data storage (see Privacy Policy)

 

2.6 Before submitting a binding offer the Customer will be able to identify possible input errors by carefully reading the information provided on the screen. The Customer may change his entries by using the common keyboard and mouse functionalities during the electronic ordering process until he clicks the button finalizing the order.

 

2.7 English and German are available for the conclusion of contract.

 

2.8 The order processing and establishing of contact normally take place by e-mail and automated order processing processes. The Customer must ensure that the e-mail address he provided is correct, so as to be able to receive e-mails from the Seller. The Customer must ensure, notably when using Spam-filters, that all e-mails sent by the Seller or by third parties charged by the Seller with the order processing can be received.

 

3. Right of Rescission

In principle, Customers have the right of rescission. However, the right to rescind does not apply to contracts for the delivery of goods which have been evidently made according to Customers’ specifications or which, by their nature, are not suitable to be returned.

The Seller delivers exclusively goods made to Customers’ specifications, therefore the right of rescission does not apply to contracts with the Seller.

 

4. Prices and terms of payment

 

4.1 All prices stated are total prices unless mentioned otherwise in the Seller’s product descriptions. The Seller is part of the small business regulation and therefore does not charge VAT.Additional charges for transport and delivery are shown separately in the relevant product descriptions.

4.2 When delivering outside the European Union additional charges may apply on a case-by-case basis, which are the Customer's responsibility and which the Seller does not bear. Those may be costs charged by financial institutes for transferring money (transfer charges, currency exchange charges) or customs and import duties and/or taxes. Such charges may also apply if the delivery takes places within the European Union, while the Customer makes his payment in a country outside the European Union.

4.3 For deliveries within Austria the Customer pays a lump-sum shipping rate of € 4,90. This covers the costs for postage and packaging only partially, with the Seller bearing the difference.

For international shipments a higher lump-sum is charged. These shipping costs are specified in the online order. If for technical or logistic reasons the order must be delivered in stages, the Customer will be charged only once for the delivery.

4.4 Information regarding payment terms is provided to Customers in the online shop.

 

5. Terms of delivery §479 ABGB (Austrian Civil Code)

5.1 Goods will be delivered to the address specified by the Customer, unless otherwise stated. The Customer will be informed about the precise delivery time for the order in the online shop next to the relevant product, and in the menu regarding delivery times.

5.2 In the event of the Customer being an entrepreneur the risk of accidental loss and/or of deterioration of the delivery item shall pass to the customer as soon as the Seller has handed over the goods to the forwarding agent, carrier or other person designated to execute the dispatch. If the customer is a consumer the risk of accidental loss and/or of deterioration of the delivery item is passed on to the customer or a person authorised to accept delivery, upon delivery. In the event that the contract of carriage was concluded by the consumer himself, without selecting one of the Seller’s proposed choices, the risk of accidental loss and/or of deterioration of the delivery items shall pass to the customer upon delivery of the goods to the carrier.

6. Retention of title

6.1 The ownership of goods shall remain with the Seller until payment has been received in full.

6.2 For contracts with entrepreneurs, the Seller shall retain ownership of the goods until all claims from the ongoing business relationship have been paid in full.

6.3 A Customer acting as entrepreneur is entitled to the resale of the goods within his regular business operation. That Customer cedes all claims against third parties, to the extent of the invoice value (including VAT) in advance to the Seller. This assignment shall apply irrespective of whether the reserved goods were sold without or after processing/compounding. The Customer shall remain entitled to collect the receivables even after this assignment. The Seller's authorization to collect the claims himself, shall remain unaffected. The Supplier shall not however collect the receivables so long as the Customer meets his payment obligations, does not fall into arrears, and no request for insolvency proceedings has been filed.

 

7. Legal Warranty

In the event of deficient goods or services the statutory claims shall be applicable.

7.1 For entrepreneurs

  • In the event of insignificant defects, the Seller can exercise choice of how to remedy the defect.

  • The period of limitation does not begin to run anew, if a replacement delivery was made.

7.2 These regulated limitations of liability do not apply

  • To damages arising from injury to life, body and health due to a negligent breach of duty on the part of the Seller or an intentional or negligent breach of a legal representative or agent of the Seller.

  • In the event that the Seller fraudulently concealed the deficiency.

 

7.3 Furthermore, the statutory provisions (§ 377, UGB) [Austrian Commercial Code] oblige entrepreneurs to inspect and to give timely notice of defects to the Seller. Neglecting this commercial obligation, the entrepreneur may no longer assert any warranty claims or claims for damages on account either of the defect itself or of any misapprehension as to whether the object was free of defects.

 

7.4 The Seller commits voluntarily to three years Warranty from the date of purchase on all Slipperlicious products. Within this period the Seller will repair all material or manufacturing errors. This extended warranty is subject to the presentation of the Slipperlicious invoice. This warranty applies to all deliveries within the European Union, Switzerland and Turkey. Should , against all odds, a defect occur please complete the service-check included in the goods’ delivery. Send it with a copy of the invoice and the carefully packed goods to the Slipperlicious- service-centre named in the documents.

Excluded from this warranty are defects resulting from improper handling, as well as damages resulting from wear and tear.

The Customer’s legal warranty rights are thereby not restricted.  Non-warranty repairs may be carried out at extra charges calculated at cost price in the Slipperlicious service-centre.

 

8. Liability

The Seller shall be liable to reimburse damages and expenses to the Customer for any violations of contractual, quasi-contractual, tortious and statutory obligations.

8.1 The Seller is liable to compensate for damages, regardless of the legal reason

  • due to fraudulent intent or gross negligence

  • in case of the violation of the life, the body or the health.

 

8.2 Any further liability of the Seller is excluded.

8.3 The above liabilities include the liability for the Seller’s agents and legal representatives.

9. Applicable law and venue

9.1 All legal relations between the Seller and the Customer shall be governed exclusively by the law of the Republic of Austria with the exclusion of the UN-convention on Contracts for the international Sale of Goods (UNCITRAL) and the international conflict of laws rules. For consumers this choice of law only applies insofar, as the protection that is provided by compulsory regulations under the law of the state in which the consumer has his habitual abode is not taken away.

9.2 In addition, the choice of law regarding the right to rescission does not apply to consumers, who at the time of concluding the contract are not citizens of the European Union and whose habitual abode at the time of concluding the contract lies outside the European Union. This applies insofar as the law of the country in which the consumer has his habitual abode does not provide a right of rescission.

9.3 In the event, that the Customer is an entrepreneur as per article 1.2 the place of jurisdiction between the Customer and the Seller shall be the place of the Seller’s registered office.

For Customers being consumers, it is agreed:

That the place of jurisdiction and legal actions on behalf of the Seller against the consumer, as well as of the consumer against the Seller will be the place of habitual abode of the consumer, if the consumer habitually resides within the European Union, but not in Austria. If the consumer has his habitual abode in Austria, effective court actions against him can only be brought before a court of justice in the jurisdiction of the consumer’s habitual abode; the Seller on the other hand can only be brought to court at the Seller’s place of registered office. For Customers, who are consumers and who have their habitual abode outside the European Union, the place of jurisdiction shall be determined by the legal provisions.

 

 

10. Alternative dispute settlement

The EU-Commission provides the following internet-link to an online-dispute-settlement-platform:

http://ec.europa.eu/consumers/odr

This platform serves as an extrajudicial service where consumers can raise any complaints they may have which involve a consumer.

 
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