Imprint & Terms & Conditions

GENERAL TERMS AND CONDITIONS OF BUSINESS

1. Scope

1.1 These General Terms and Conditions ("GTC") apply - unless expressly agreed otherwise - to contracts concluded between Eigensinnig Showroom KG, Sankt-Ulrichs-Platz 4/2, 1070 Vienna, telephone: +43 1 8906637, email: sense@eigensinnig-wien.com ("we", "us") and the customer via our website www.eigensinnig-wien.com ("Website").

1.2 Contracts can only be concluded under these conditions. We must expressly agree to any deviating, conflicting, restrictive or supplementary terms and conditions of the customer so that they become part of the contract in individual cases. In particular, any actions taken by us to fulfil the contract do not constitute consent to any conditions that deviate from our General Terms and Conditions.

1.3 If several contracts are concluded at different times, the version of the General Terms and Conditions accepted by the customer at the time of the contract declaration (see point 3) will become part of the contract - regardless of the customer's registration in accordance with point 2. Multiple contracts concluded with a specific customer do not constitute a continuing obligation or any other claim to conclude a new purchase contract.

1.4 We reserve the right to unilaterally change the General Terms and Conditions for future contracts at any time. The currently valid version of the General Terms and Conditions will be published with a version reference under the heading "General Terms and Conditions".

2. Registration

2.1 The customer must be at least 18 years old and therefore have full legal capacity. When registering, the customer confirms that the information provided is correct, in particular his name, age and address.

2.2 The customer can only place an order on our website after registration. The customer can submit a registration request on the website and choose his or her access password for his or her internal area. If we accept the order, the customer will receive a confirmation to the email address provided.

2.3 We reserve the right to reject or revoke an application for registration or an existing registration without giving reasons. A revocation has no effect on contracts that have already been concluded but not yet fully processed. These must be fulfilled by both parties.

2.4 The customer is responsible for keeping his access data confidential. We can only check whether the access password corresponds to a properly activated customer authorization. We are not obliged to carry out any further checks.

3. Order and conclusion of contract

3.1 The presentation of our products on the website is not an offer in the legal sense. The offer is made by the customer when he sends the order for the selected items. The customer has the opportunity to check his order before submitting his offer and to correct any errors. The customer's offer becomes binding when he clicks on the "order with payment" button. After submitting the offer, the customer can no longer change the order.

3.2 After we receive their order, the customer will receive a separate, automated confirmation of receipt of their order by email. Such a confirmation of receipt does not constitute acceptance of the offer. This only occurs through a separate, written order confirmation or through actual delivery of the ordered goods within the agreed delivery period. We are entitled to reject orders without giving reasons, in particular if the ordered item is unexpectedly already sold out.

5. Prices, delivery and shipping costs

5.1 The prices listed on the website are end-user prices including VAT and packaging. We will inform the customer of all additional freight, delivery, shipping or other costs before submitting their offer, provided that these costs can reasonably be calculated in advance. Otherwise, we will point out the possible occurrence of such additional costs before the customer submits their offer.

5.2 Any customs duties are to be borne by the customer.

5.3 The delivery and shipping costs shown on the website www.eigensinnig-wien.com apply.

6. Terms of payment

6.1 Unless otherwise agreed in writing, the purchase price is due in full and without deduction immediately upon acceptance of the offer, i.e. upon conclusion of the contract and before delivery of the ordered products.

6.2 Payment of the purchase price is possible by credit card, advance payment or direct bank transfer. In the case of payment via PayPal or credit card, the amount of the purchase price will be debited by us when the contract is concluded.

6.3 If the debit according to point 6.2 is not possible for reasons within the customer's sphere of influence or if our payment service provider provides a negative credit report on the customer, we are free to request the customer to make an advance payment within a reasonable period of time or to withdraw from the contract for good cause.

7. Delivery conditions

7.1 Delivery (posting by us) of the order will generally take place – provided the goods are in stock – within two working days from the conclusion of the contract or from receipt of payment in the case of payment in advance.

7.2 We will choose the carrier at our sole discretion, but we cannot guarantee that we will select the fastest and cheapest method of delivery.

7.3 The delivery times stated on the website www.eigensinnig-wien.com correspond to the basic information provided by the carrier and serve as non-binding guidelines. They are extended by the duration of the hindrance due to all circumstances beyond the control of the parties, such as cases of force majeure, unforeseeable operational disruptions, official interventions, delays in transport and customs clearance, transport damage, rejection of important production parts and labour disputes.

7.4 Delivery will be made to the delivery address provided by the customer. Any costs caused by the customer negligently providing an incorrect delivery address or by unjustified refusal to accept delivery must be borne by the customer.

7.5 As an alternative to delivery of the order, the customer can also choose to collect the goods from our store during the ordering process ("Click & Collect"). The ordered goods are ready for collection within two working days of the conclusion of the contract or within 7 days of receipt of payment if payment is made in advance. If the goods are not collected within one month, we are entitled, at our own discretion, to (i) send the goods to the postal address provided during registration at the customer's expense (section 7.2 applies accordingly) or (ii) withdraw from the purchase contract after the customer has requested collection by email and after setting a grace period of five working days (in this case, we will refund any payments made by the customer).

8. Right of withdrawal

8.1 If the customer is a consumer within the meaning of the Consumer Protection Act (KSchG), he has the right to withdraw from this contract within fourteen days without giving any reason.

8.2 The cancellation period shall be fourteen days from the day on which the customer or a third party other than the carrier designated by him takes possession of the goods.

8.3 To exercise the right of withdrawal, the customer must inform us of his decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). The customer can use the sample withdrawal form below for this purpose, but this is not mandatory.

8.4 To meet the cancellation period, it is sufficient for the customer to send the notification of exercising the right of cancellation before the cancellation period has expired.

Consequences of revocation

8.5 If the customer cancels this contract, we will refund all payments that we have received from him, including any delivery costs (with the exception of self-collection), promptly and at the latest within fourteen days from the day on which we received notification of the cancellation of this contract. For this refund, we will use the same means of payment that the customer used for the original transaction, unless something else was expressly agreed with the customer; under no circumstances will the customer be charged any fees for this refund.

8.6 We may refuse repayment until we have received the goods back or until the customer has provided evidence that he has returned the goods, whichever is the earlier.

8.7 The customer must return or hand over the goods to Eigensinnig Showroom KG, Sankt-Ulrichs-Platz 4/2, 1070 Vienna immediately and in any event no later than seven days from the date on which he notifies us of the cancellation of this contract. The deadline is met if the customer sends the goods before the expiry of the seven-day period.

8.8 The customer shall bear the direct costs of returning the goods.

8.9 The customer only has to pay for any loss of value of the goods if it is not due to any necessary measures to check the quality, properties and functioning of the goods.

Exceptions to the right of withdrawal

8.10 The customer has no right of withdrawal in the cases listed in Section 18 FAGG.

8.11 In particular, the customer has no right of withdrawal for contracts concerning:

Goods that are made to customer specifications or are clearly tailored to personal needs;
Goods which are delivered sealed and which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
Goods which, after delivery, have been inseparably mixed with other goods due to their nature.

Sample cancellation form

8.12 The customer can use the following form and send it to us if he wants to withdraw from the contract:

To Eigensinnig Showroom KG, Sankt-Ulrichs-Platz 4/2, 1070 Vienna, email: shop@eigensinnig-wien.com

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*):

Ordered on (*)/received on (*):

Name of consumer(s):

Address of the consumer(s):

Signature of the consumer(s) (only if notification is on paper)

Date

(*) Please delete if not applicable.

9. Warranty

9.1 Unless otherwise agreed for businesses below, the statutory warranty provisions apply to customers in the event of defects in the goods. The warranty does not apply to damage caused by improper use or handling of the product by the customer. The same applies to normal wear and tear.

9.2 The product images on the website and/or in our brochures may differ in terms of colour and size from the appearance of the delivered products due to the resolution and size. The delivered goods are deemed to be in accordance with the contract if the delivered items correspond to the other written product specifications.

9.3 The customer must check the delivered goods upon receipt for completeness, correctness and other defects, in particular for the integrity of the packaging, and notify us of any defects by email to sense@eigensinnig-wien.com and provide a brief description. This is solely to enable us to process any complaints more quickly and effectively. A breach of this obligation does not restrict the consumer's statutory warranty rights.

9.4 If the customer makes a justified warranty claim, we will bear the cost of return shipment. Otherwise, any shipping costs are to be borne by the customer. Defective goods may therefore only be returned at our express request.

9.5 If the customer is an entrepreneur, he must check the delivered goods upon receipt for completeness, correctness and other defects, in particular the integrity of the packaging. If defects are found, he must report them within a reasonable period of time, but no later than four working days after receipt of the goods, by email to sense@eigensinnig-wien.com. If the entrepreneur has not reported any defects within the complaint period, the delivery is deemed to have been approved and all claims such as warranty, challenge of error or compensation for damages due to a later alleged deviation or defect (Section 377 UGB) are void. This also applies to any incorrect deliveries or deviations in the delivery quantity.

9.6 If the customer is an entrepreneur, we have exclusive right to choose the legal remedy for remedying a defect that has been reported in a timely manner. We are also free to change the agreement immediately.

9.7 If the customer is an entrepreneur, he must bear the costs for returning the goods for repair or replacement.

10. Liability

10.1 We are liable for damages in accordance with the statutory provisions. However, liability for damages caused by slight negligence is excluded. This limitation of liability does not apply to damages resulting from injury to life, body or health of people and to claims under the Product Liability Act.

10.2 Customers who are entrepreneurs must prove the existence of intent or gross negligence and assert claims for damages within one year of the transfer of risk. The provisions on damages contained in these General Terms and Conditions or otherwise agreed shall also apply if the claim for damages is asserted in addition to or instead of a warranty claim.

10.3 If the customer is an entrepreneur, any recourse claims within the meaning of Section 12 of the Product Liability Act are excluded, unless the person entitled to recourse proves that the defect was caused in our sphere of influence and was at least due to gross negligence.

10.4 We are not liable for the uninterrupted functioning of the website, which is provided free of charge. We are entitled at any time, even without prior notice, to carry out work on the website that results in shutdown/interruption. We are also not obliged to provide a specific server capacity, so overloads and longer response times must be expected.

11. Right of retention

11.1 Justified complaints do not entitle customers who are entrepreneurs to withhold the entire invoice amount, but only a reasonable part of it. The statutory right of retention of consumers is not restricted.

12. Data protection

12.1 The personal data provided to us by the customer as part of the business relationship, such as name, address, email, telephone number and delivery address, are stored and processed by us. We process the data in accordance with the European General Data Protection Regulation for the purposes of fulfilling the contract.

12.2 By activating the box to receive newsletters, the customer expressly agrees that the personal data (name, address, email, telephone number and delivery address) disclosed by him during the conclusion of the contract will also be stored and processed for our marketing purposes and thus in particular for sending advertising messages by email and post in accordance with Section 107 of the Telecommunications Act. Personal data will not be passed on to third parties beyond this. Consent can be revoked at any time in the personal settings of the customer profile on the website or by clicking on the "Deactivate newsletter" button within the email newsletter.

12.3 The customer is obliged to inform us immediately of any changes to his residential or business address and contact details during the period of registration (e.g. via the profile settings on the website). If he fails to do so, declarations shall be deemed to have been received even if they are sent to the address last provided by him.

13. Place of jurisdiction, choice of law

13.1 The exclusive place of jurisdiction for all disputes arising from this contract is the court with local and subject-matter jurisdiction for 1010 Vienna. This only applies if the customer is an entrepreneur and to consumers who, at the time the action is brought, have neither a residence or habitual abode in Austria nor are employed in Austria.

13.2 The substantive law of the Republic of Austria shall apply exclusively, excluding the conflict of law provisions and the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law shall only apply to the extent that mandatory provisions of the law of the state in which they have their habitual residence are not displaced.

14. Applicable law and place of jurisdiction

14.1. The place of performance for all transactions is the company's location as far as legally permissible. The contract, order and business language is German.

14.2. The contractual relationship you have concluded with us is subject exclusively to Austrian law. All disputes arising from the contract concluded with you must be settled before the court of your general place of jurisdiction. An out-of-court complaint or arbitration procedure for legal disputes arising from this contractual relationship has not been agreed. Should a provision of these General Terms and Conditions be invalid, this does not affect the validity of the other provisions of these General Terms and Conditions.

15. OS platform

The EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially settle disputes relating to their online order out of court.

Note on dispute resolution:
The EU Commission’s online dispute resolution platform can be found here: http://ec.europa.eu/consumers/odr/