GENERAL TERMS AND CONDITIONS
(as of April 2019)
The following General Terms and Conditions ("GTC") apply to all sales contracts between CONARTS GmbH and a consumer or entrepreneur ("contractual partner") in the version valid at the time of the order.
2. Conclusion of a contract, storage of the contract text
2.1 The following provisions on the conclusion of a contract shall apply to orders placed via our web shop on the website www.conarts.at
2.2 In the event of a contract being concluded, the contract is concluded with CONARTS GmbH.
2.3 The presentation of the goods in our internet shop does not constitute a legally binding contract offer on our part, but is only a non-binding presentation of our products to the contractual partner in order to enable him to order our goods. By ordering the desired goods, the contractual partner submits a binding offer to conclude a sales contract.
2.4 The contractual partner submits a binding contractual offer by successfully completing the order procedure provided for in our Internet shop.
The order takes place in the following steps:
- Selecting the product
- Select product by clicking on "Add to shopping cart"
- Check shopping cart
- Press the "Checkout" button.
- Entering addresses and payment information
- Re-examination or correction of the respective data entered
- Binding dispatch of the order by clicking on the button "Order payment".
Before the binding dispatch of the order, the contractual partner can return to the Internet page on which the contractual partner's details are recorded and correct input errors or cancel the order process by closing the Internet browser by pressing the "back button" contained in the Internet browser used by him after checking his details.
We confirm the receipt of the order immediately by an automatically generated e-mail ("confirmation of receipt").
2.5 After receipt of the order we will send you the order data and our general terms and conditions by e-mail. You can view the general terms and conditions at any time also under www.conarts.at For security reasons, your order data is no longer accessible via the Internet, but is stored electronically by us.
2.6 The purchase contract is concluded with the transmission of an order confirmation, at the latest, however, with the dispatch of the ordered goods.
3. Prices, shipping costs, payment
3.1 The prices quoted are in EURO and include the statutory value added tax and other price components. Any shipping costs as well as customs or other import duties shall be added.
3.2 The contractual partner has the option of payment by credit card, PayPal or Sofortüberweisung.
4.1 The ordered goods shall be delivered regularly by way of dispatch. Unless expressly agreed otherwise, the costs of shipment shall be borne by the contractual partner.
4.2 Unless we have clearly stated otherwise in the product description, all articles offered by us are immediately ready for dispatch. The delivery takes place here within 3 working days. The period for delivery begins on the day after conclusion of the contract. If the deadline falls on a Saturday, Sunday or public holiday at the place of delivery, the deadline ends on the next working day.
4.3 Delivery may be delayed for goods to be manufactured. The contractual partner shall be informed of the planned delivery.
4.4 The risk of accidental loss and accidental deterioration of the goods sold shall not pass to the contractual partner until the goods are handed over to the contractual partner, even in the case of sale by delivery to destination. If the contractual partner is an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the contractual partner upon notification of readiness for dispatch and delivery.
4.5 If a parcel is obviously damaged during delivery, the contractual partner must insist that this circumstance be recorded in writing by the deliverer. The contractual partner must notify us in writing (by post or e-mail) of any damage to a product within 14 working days.
5. Retention of title
We reserve title to the goods until the purchase price has been paid in full.
6. Right of withdrawal of the consumer
If the contractual partner is a consumer, he is entitled to a right of revocation.
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period is in the case of
- a contract of sale for the delivery of one or more goods in one consignment for fourteen days from the date on which you or a third party other than the carrier designated by you took possession of the goods,
- a contract of sale for the delivery of several goods in several partial shipments within the framework of a single order for fourteen days from the day on which you or a third party other than the carrier designated by you took or took possession of the last goods,
In order to exercise your right of withdrawal, you must inform us (CONARTS GmbH, Paul-Hahn-Straße 48, A-4614 Marchtrenk) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). You may use the sample revocation form attached here (see "Appendix - Sample revocation form"), which is, however, not mandatory.
Alternatively, you may electronically complete and submit the Model Withdrawal Form or other clear statement on our website (www.conarts.at). If you make use of this option, we will immediately (e.g. by e-mail) send you a confirmation of receipt of such a revocation.
In order to comply with the revocation period, it is sufficient for you to send notice of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund.
We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the Goods, whichever is earlier.
You must return or hand over the goods to us (CONARTS GmbH, Paul-Hahn-Straße 48, A-4614 Marchtrenk) immediately and in any case within fourteen days at the latest from the day on which you notify us of the revocation of this contract.
This period shall be deemed to have been observed if you dispatch the goods before expiry of the fourteen-day period.
The costs for returning the goods shall be borne by us. This is provided that you have chosen the standard delivery proposed by us for the return.
You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods which is not necessary for checking their condition, properties and functionality.
7.Exclusion of the right of revocation
There is no right of revocation for
(i) Services, if the entrepreneur - on the basis of an explicit request of the consumer according to § 10 as well as a confirmation of the consumer about his knowledge of the loss of the right of withdrawal with complete fulfilment of the contract - had started with the execution of the service before the expiry of the withdrawal period according to § 11 and the service was then completely rendered,
(ii) Goods or services the price of which depends on fluctuations in the financial market over which the trader has no control and which may occur within the withdrawal period,
(iii) Goods made to customer specifications or clearly tailored to personal needs,
(iv) The delivery of digital content not stored on a physical data carrier, if the entrepreneur - with the express consent of the consumer, in conjunction with his knowledge of the loss of the right of withdrawal in the event of premature commencement of performance of the contract, and after provision of a copy or confirmation in accordance with § 5 (2) or § 7 (3) - has commenced delivery before expiry of the withdrawal period in accordance with § 11.7.
8. Warranty and damages
8.1 A warranty claim is excluded unless otherwise stipulated by mandatory consumer protection regulations.
8.2 We accept no liability for damages, in particular not for indirect indirect damage or loss of profit, nor for warranty or product liability, unless mandatory consumer protection provisions provide otherwise.
8.3 Insofar as we are liable for damage in accordance with the statutory provisions, our liability shall be limited to intent and gross negligence. Our liability shall be limited in amount to the specific contractual fee. Any further liability shall be excluded unless otherwise provided by consumer protection law.
8.4 We assume no liability for the topicality, correctness, completeness or content of the information provided.
8.5 The photographs contained in the product description are only examples. Due to the uniqueness of the products or due to the materials used, there may be a colour deviation or a slight difference in size between the actual product and its illustration on the Internet, but this does not entitle the contractual partner to make a complaint.
8.6 We accept no liability for late delivery resulting from circumstances beyond our control (e.g. later production by the designer of individual items).
8.7 We shall not be liable for allergies or incompatibilities of the contractual partner against a component of the raw materials used in our products. An allergy or incompatibility of the contractual partner does not entitle him to make a complaint.
A set-off of the contractual partner's claims against our claims as well as any right of retention are excluded, unless otherwise stipulated by mandatory consumer protection provisions.
10. Applicable law, place of jurisdiction, place of performance, written form
10.1 Insofar as mandatory statutory provisions do not contradict this, Austrian law is expressly applicable; the application of the UN Convention on Contracts for the International Sale of Goods is expressly excluded.
10.2 In the event of disputes, the place of jurisdiction shall be the competent court at the registered office of CONARTS GmbH.
10.3 Place of performance is the registered office of CONARTS GmbH.
10.4 Amendments and supplements to this contract must be made in writing; this also applies to collateral agreements and subsequent contract amendments, as well as the waiver of the written form requirement.
11. Contract language
Only German is available as the contract language.
12. Severability clause
Should a provision in these General Terms and Conditions be or become invalid, the validity of the other provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision which comes as close as possible in economic and legal terms to the provision to be replaced.
Appendix - Sample Withdrawal Form
(If you want to cancel the contract, please fill out this form and send it back.)
CONARTS GmbH, Paul-Hahn-Straße 48, A-4614 Marchtrenk, email@example.com
I/we (*) hereby cancel the contract concluded by me/us (*) concerning the purchase of the following goods (*)/the provision of the following services (*)
Ordered on (*)/received on (*)
Name(s) of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only for paper communication)
(*) Delete as appropriate.