§ 1 Scope of Application, Definitions
(1) Gold & Skrobar OG, Perfektastraße 73A/B/5, 1230 Vienna, Austria (hereinafter referred to as: “we”, “us”, or “IMC Krems Merchandising Shop”) operates an online shop for goods on the website https://shop.imc.ac.at. The following General Terms and Conditions shall apply to all services provided between us and our customers (hereinafter referred to as: “Customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.
(2) A “Consumer” within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business, or profession. An “Entrepreneur” is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business, or profession, whereby a partnership with legal capacity is a partnership that is endowed with the capacity to acquire rights and incur liabilities.
§ 2 Conclusion of Contracts, Storage of the Contract Text
(1) The following provisions regarding the conclusion of a contract apply to orders placed via our online shop at https://shop.imc.ac.at.
(2) Our product presentations on the internet are non-binding and do not constitute a binding offer to conclude a contract.
(3) Upon receipt of an order in our online shop, the following rules apply: The Customer makes a binding offer to enter into a contract by successfully completing the ordering procedure provided in our online shop. The order is placed in the following steps:
- Selection of the desired goods,
- Adding the products by clicking the corresponding button (e.g. “Add to basket”, “Add to bag”, or similar),
- Checking the details in the shopping basket,
- Calling up the order overview by clicking the corresponding button (e.g. “Proceed to checkout”, “Proceed to payment”, “To order overview”, or similar),
- Entering/checking address and contact details, selecting the payment method, confirming the General Terms and Conditions and the cancellation policy (Right of Withdrawal),
- If the agreed condition of the goods deviates from their usual condition and requirements for use, confirmation of a negative agreement on quality,
- Completion of the order by clicking the button “Confirm Purchase”. This constitutes your binding order.
- The contract is concluded when we send you an order confirmation to the specified e-mail address within three working days.
(4) In the event of the conclusion of a contract, the contract is concluded with Gold & Skrobar OG, Perfektastraße 73A/B/5, 1230 Vienna, Austria.
(5) Prior to placing the order, the contract data can be printed out or electronically saved using the browser’s print function. The processing of the order and the transmission of all information required in connection with the conclusion of the contract, in particular the order data, the GTC, and the cancellation policy, shall be carried out via e-mail after the order has been triggered by you, partly by automated means. We do not store the contract text after the conclusion of the contract.
(6) Input errors can be corrected using the usual keyboard, mouse, and browser functions (e.g. the browser’s “back button”). They can also be corrected by prematurely cancelling the order process, closing the browser window, and repeating the process.
(7) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated via e-mail. You must therefore ensure that the e-mail address you have deposited with us is correct, that the receipt of the e-mails is technically ensured, and, in particular, that it is not prevented by SPAM filters.
§ 3 Subject Matter of the Contract and Essential Characteristics of the Products
(1) The subject matter of the contract in our online shop is:
- The sale of goods. The specific goods offered can be found on our article pages.
(2) The essential characteristics of the goods can be found in the item description. If the agreed condition of the goods deviates from their usual condition and requirements for use, this will be explicitly pointed out in the article description (negative agreement on quality). Insofar as the Customer has given their explicit consent to the negative deviation in quality, this defines the subject matter of the contract.
§ 4 Prices, Shipping Costs, and Delivery
(1) The prices stated in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
(2) The respective purchase price must be paid prior to the delivery of the product (advance payment), unless we explicitly offer purchase on account. The payment methods available to you are shown under a correspondingly labelled button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due for payment immediately.
(3) In addition to the stated prices, shipping costs may be incurred for the delivery of products, unless the respective item is shown as free of shipping costs. The shipping costs will be clearly communicated to you again on the offers, where applicable in the shopping basket system, and on the order overview.
(4) All products offered are, unless clearly stated otherwise in the product description, immediately ready for dispatch (delivery time: 3-7 business days after receipt of payment).
(5) The following delivery area restrictions apply: Delivery is made to the following countries: Austria.
(6) If the delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. This does not apply with regard to the costs for the outward shipment if you effectively exercise your right of withdrawal. For return costs, the provision made in our cancellation policy shall apply if you effectively exercise your right of withdrawal.
§ 5 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price has been made.
§ 6 Right of Withdrawal (Cancellation)
As a consumer, you have a right of withdrawal. This is governed by our cancellation policy (https://shop.imc.ac.at/revocation/).
§ 7 Contract Language
German is the sole language available for the conclusion of the contract.
§ 8 Liability
(1) Subject to the following exceptions, our liability for contractual breaches of duty as well as for tort is limited to intent or gross negligence.
(2) We shall be liable without limitation for slight negligence in the event of injury to life, body, or health, or in the event of a breach of a material contractual obligation. If we default on performance due to slight negligence, if performance has become impossible, or if we have breached a material contractual obligation, liability for property damage and financial loss attributable thereto shall be limited to the foreseeable damage typical for the contract. A material contractual obligation is one whose fulfilment is essential for the proper execution of the contract in the first place, whose breach jeopardises the achievement of the purpose of the contract, and on whose compliance you may regularly rely. This includes, in particular, our obligation to take action and to fulfil the contractually owed service, which is described in § 3.
§ 9 Warranty / Customer Service
(1) The warranty is governed by statutory provisions.
(2) As a consumer, you are requested to check the item/digital goods or the service provided immediately upon fulfilment of the contract for completeness, obvious defects, and transport damage, and to notify us and the forwarding agent of any complaints as quickly as possible. Failure to do so will, of course, have no effect on your statutory warranty claims.
(3) Our customer service for questions, complaints, and claims is available Mon-Fri 9am-5pm at [email protected].
§ 10 Final Provisions / Dispute Resolution
(1) Austrian law shall apply. For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not thereby withdrawn (favourability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) are explicitly excluded.
(3) If the Customer is an entrepreneur, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the provider is the provider’s registered office.
(4) We are in principle prepared to participate in an extrajudicial arbitration proceeding.