1) Scope of application
1.1 These General Terms and Conditions (hereinafter “AGB”) of
Ulson Trading e.U.
Owner: Armin William Hrdlicka
Tel.: +43 650 4090600
apply to all contracts for the delivery of goods and services that a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Seller with regard to the latter’s goods and services. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.
A consumer is any natural person who enters into a transaction that is not part of the operation of his business. Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity. Stock corporations, limited liability companies, commercial cooperatives, mutual insurance associations, savings banks, European Economic Interest Groupings (EEIG), European Companies (SE) and European Cooperatives (SCE) are entrepreneurs by virtue of their legal form.
2) Conclusion of contract
2.1 The product or service descriptions contained in the Seller’s online store do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The Customer can submit the offer via the online order form integrated in the seller’s online store. In doing so, the Customer, by clicking the button concluding the ordering process, submits a legally binding contractual offer with regard to the goods or services contained in the shopping cart.
2.3 The Seller may accept the Customer’s offer within five days,,
· by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the Customer shall be decisive, or
· by requesting payment from the customer after the order has been placed
If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
If the Customer selects a payment method during the online ordering process by clicking the button that concludes the ordering process and at the same time gives a payment order to his payment service provider to transfer the money directly to the account of the Seller, the Seller declares, notwithstanding section 2.3, already now the acceptance of the offer of the Customer at the time when the money arrives at the account of the Seller.
2.4 When submitting an offer via the Seller’s online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail) after the Customer has sent his order.
If the Customer has set up a user account in the Seller’s online store before sending his order, the order data will be archived on the Seller’s website and can be accessed by the Customer free of charge via his password-protected user account by providing the relevant login data.
2.5 Only the English language is available for the conclusion of the contract.
2.6 Order processing and contacting usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided by him for order processing is correct, so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers residing in the EU are generally entitled to a right of withdrawal when concluding a distance contract. A distance contract is a contract concluded between the seller and a consumer without the simultaneous physical presence of the seller and the consumer, using exclusively means of distance communication (fax, internet, telephone) up to and including the conclusion of the contract.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller’s product and service description, the prices quoted are total prices which include the statutory value added tax.
Our sales prices do not include costs for delivery, assembly, etc.
5) Retention of title/rights
5.1 In relation to its customers, whether consumers or entrepreneurs, the seller retains ownership of the goods provided until full payment of the purchase price owed.
5.2 All rights remain with the rights holders.
6) Delivery and shipping conditions
6.1 Regarding the countries to which we sell and deliver our goods and in which countries we offer our services, please refer to the notes next to the product or service.
6.2 The delivery of goods is made by shipping to the delivery address specified by the Customer, unless otherwise agreed.
6.3 If the Customer is acting as an entrepreneur, the risk of loss of or damage to the goods sold shall pass to the Customer as soon as the Seller has delivered the item to the carrier, freight forwarder or the person or company otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk shall pass to the consumer only as soon as the goods are delivered to the consumer or to a third party designated by the consumer and different from the carrier. If, however, the consumer has concluded the contract of carriage himself without making use of a selection option proposed by the entrepreneur, the risk shall pass as soon as the goods are handed over to the carrier.
6.4 If the Customer has not taken over the goods as agreed (default in acceptance), we shall be entitled, after setting a grace period, either to store the goods on our premises, for which we shall charge a reasonable storage fee per calendar day or part thereof, or to store them at the Customer’s expense and risk with an authorized professional. At the same time, we shall be entitled either to insist on performance of the contract or, after setting a reasonable period of grace of at least 2 weeks, to withdraw from the contract and to dispose of the goods elsewhere. Excluded from this is a justified withdrawal of a consumer.
7.1 The statutory warranty provisions apply.
No warranty claim shall exist in the event of improper and professional assembly or installation.
If the Customer acts as an entrepreneur, the following also applies:
· An insignificant defect shall in principle not give rise to any warranty claims.
· The Seller has the choice of how to remedy the defect.
· The limitation period shall not start again if a replacement delivery is made within the scope of liability for defects.
· If the Customer acts as an entrepreneur in terms of the Austrian Commercial Code (UGB), he shall be subject to the commercial obligation to examine the goods and to give notice of defects in accordance with § 377 UGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.
Liability of the Seller is excluded for slight negligence, unless personal injury is involved. These liability regulations shall also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.
8) Place of Jurisdiction/Applicable Law
8.1. In the relationship with entrepreneurs, Austrian substantive law shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods. As far as this does not conflict with any mandatory legal provisions, this shall also apply to customers who are consumers and who do not have a domicile or habitual residence in an EU member state at the time of the conclusion of the contract. With respect to customers who are consumers and who do not have a domicile or habitual residence in an EU member state at the time of the conclusion of the contract, the right of withdrawal according to the FAGG shall be excluded, unless this is opposed by mandatory statutory provisions. In relation to consumers with residence or habitual abode in the EU, this choice of law shall apply only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual abode.
8.2. If the Customer is a consumer from a Member State of the EU, the Customer shall have the choice between the court of his domicile and the place of jurisdiction at the Seller’s registered office.
8.3. For consumers with domicile or habitual residence from a Member State of the EU, the statutory jurisdictions apply.
8.4. In the relationship with entrepreneurs, the court with subject-matter jurisdiction at the Seller’s registered office shall be agreed as the court with exclusive jurisdiction. Insofar as this does not conflict with any mandatory statutory provisions, this shall also apply to customers who are consumers and who do not have a domicile or habitual residence in an EU Member State at the time of conclusion of the contract.
9) Alternative dispute resolution
9.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr.
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.