Terms of service
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Scope
1.1 These General Terms and Conditions ("GTC") apply – unless expressly agreed otherwise – to contractual agreements between Eigensinnig Showroom KG, Sankt-Ulrichs-Platz 4/2, 1070 Vienna, Austria, phone: +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 terms. We must expressly agree to any differing, conflicting, limiting, or additional terms of the customer for them to become part of the contract in individual cases. In particular, our performance of the contract does not imply consent to any terms that deviate from our GTC.
1.3 In the case of multiple, temporally separated contracts, the version of the GTC accepted by the customer at the time of the contractual declaration (see section 3) becomes part of the contract, regardless of the customer’s registration according to section 2. Multiple contracts with a specific customer neither constitute a continuous obligation nor a claim for the repeated conclusion of a purchase contract.
1.4 We reserve the right to unilaterally change the GTC for future contracts at any time. The current version of the GTC will be published under the "GTC" section with a version note.
- Registration
2.1 The customer must be at least 18 years old and thus fully legally competent. The customer confirms the accuracy of their information, especially their name, age, and address upon registration.
2.2 On our website, customer orders can only be placed following registration. The customer can apply for registration on the website and choose their access password for their internal area. Upon acceptance by us, the customer receives a confirmation to their provided email address.
2.3 We reserve the right to refuse or revoke a registration application or an existing registration without stating reasons. A revocation does not affect already concluded but not yet fully processed contracts. These must be fulfilled by both parties.
2.4 The customer is responsible for keeping their access data confidential. We can only verify whether the access password matches a properly activated customer authorization. We are not obligated to perform further verification.
- Ordering and Conclusion of Contract
3.1 The presentation of our products on the website does not constitute a legally binding offer. The offer is made by the customer when they send an order for the selected items. The customer has the opportunity to review and correct any errors in their order before making their offer. The customer's offer becomes binding by clicking the button "order with obligation to pay." Once the offer is made, the customer cannot change the order.
3.2 The customer will receive a separate, automated confirmation by email from us acknowledging receipt of their order. Such an acknowledgment does not constitute acceptance of the offer. Acceptance is only confirmed by a separate written order confirmation or by actual delivery of the ordered goods within the agreed delivery period. We reserve the right to refuse orders without stating reasons, especially if the ordered item is unexpectedly out of stock.
- Prices, Delivery, and Shipping Costs
5.1 Prices listed on the website include consumer prices plus sales tax and packaging. All additional freight, delivery, shipping, or other costs are indicated to the customer before they make their offer, as long as these costs can be reasonably calculated in advance. Otherwise, we indicate the possibility of such additional costs arising before the customer makes their offer.
5.2 Any customs duties are to be borne by the customer.
5.3 Shipping costs are those listed on the website www.eigensinnig-wien.com.
- Payment Term
6.1 Unless otherwise agreed in writing, the purchase price is due immediately upon acceptance of the offer, i.e., upon conclusion of the contract and before delivery of the ordered products, in full and without deduction.
6.2 Payment of the purchase price can be made via credit card, advance payment, or immediate bank transfer. In the case of payment via PayPal or credit card, the amount of the purchase price is debited by us at the time of contract conclusion.
6.3 If the debit mentioned in section 6.2 is not possible for reasons within the customer's sphere or if our payment service provider provides a negative credit report about the customer, we are free to request advance payment within a reasonable period or to withdraw from the contract for important reasons.
- Delivery Conditions
7.1 Delivery (postal dispatch by us) of the order generally occurs within two business days from the conclusion of the contract or from receipt of payment in the case of advance payment, provided the goods are in stock.
7.2 We choose the carrier at our discretion, but without guarantee for the fastest and cheapest shipping.
7.3 The delivery times stated on the website www.eigensinnig-wien.com correspond to the carrier's general information and serve as non-binding guidelines. They are extended by the duration of the hindrance due to circumstances independent of the parties' will, such as cases of force majeure, unforeseeable operational disruptions, government interventions, transport and customs delays, transport damage, rejection of important production parts, and labor disputes.
7.4 Delivery is made to the delivery address specified by the customer. Any costs caused by the negligent provision of an incorrect delivery address by the customer or by unjustified refusal to accept the delivery are to be borne by the customer.
7.5 Alternatively to delivery, the customer can select the option to pick up the goods at our store during the ordering process ("Click & Collect"). The ordered goods are ready for pickup within two business days from the conclusion of the contract or from receipt of payment in the case of advance payment, for 7 days. If not picked up within one month, we are entitled at our discretion to (i) send the goods at the customer's expense to the postal address provided at registration (section 7.2 applies accordingly) or (ii) to withdraw from the purchase contract after requesting the customer to pick up by email and setting a grace period of five business days (any payments made by the customer in this case will be refunded).
- Right of Withdrawal
8.1 If the customer is a consumer within the meaning of the KSchG, they have the right to withdraw from this contract within fourteen days without giving any reason.
8.2 The withdrawal period is fourteen days from the day on which the customer or a third party named by the customer, who is not the carrier, has taken possession of the goods.
8.3 To exercise the right of withdrawal, the customer must inform us by a clear statement (e.g., a letter sent by post, fax, or email) of their decision to withdraw from this contract. The customer may use the model withdrawal form below, but it is not mandatory.
8.4 To meet the withdrawal deadline, it is sufficient for the customer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
8.5 If the customer withdraws from this contract, we shall reimburse to the customer all payments received from them, including delivery costs (with the exception of additional costs resulting from choosing a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about the decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as was used for the initial transaction, unless expressly agreed otherwise; in any event, the customer will not incur any fees as a result of such reimbursement.
8.6 We may withhold reimbursement until we have received the goods back or the customer has supplied evidence of having sent back the goods, whichever is the earliest.
8.7 The customer must send back or hand over the goods to us at Eigensinnig Showroom KG, Sankt-Ulrichs-Platz 4/2, 1070 Vienna, without undue delay and in any event not later than seven days from the day on which they communicate their withdrawal from this contract to us. The deadline is met if the customer sends back the goods before the period of seven days has expired.
8.8 The customer will have to bear the direct cost of returning the goods.
8.9 The customer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
Exceptions to the Right of Withdrawal
8.10 The customer does not have a right of withdrawal in the cases listed in § 18 FAGG.
8.11 In particular, the customer does not have a right of withdrawal for contracts concerning:
Goods made to the customer's specifications or clearly personalized;
Sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
Goods which are, after delivery, according to their nature, inseparably mixed with other items.
Model Withdrawal Form
8.12 The customer may use the following form and send it to us if they wish to withdraw from the contract:
To
Eigensinnig Showroom KG, Sankt-Ulrichs-Platz 4/2, 1070 Vienna, email: sense@eigensinnig-wien.com
I/We () hereby withdraw from the contract I/We () entered into for the purchase of the following goods ():
Ordered on ()/received on ():
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper)
Date
(*) Delete as appropriate.
- Warranty
9.1 For customers, unless otherwise agreed for businesses below, the statutory warranty provisions apply in case of defects in the goods. No warranty case exists for damages caused by improper use or treatment of the product by the customer. The same applies for normal wear and tear.
9.2 The product images on the website and/or in our folders may differ from the appearance of the delivered products in terms of color and size due to resolution and size. The delivered goods are considered contract-compliant if the delivered pieces correspond to the other written product specifications.
9.3 The customer should, upon receipt, promptly check the delivered goods for completeness, accuracy, and other lack of defects, especially the integrity of the packaging, and report any defects by email to sense@eigensinnig-wien.com, briefly describing them. This only serves to process any warranty claims more quickly and effectively. A violation of this obligation does not restrict the statutory warranty rights of the consumer.
9.4 If the customer makes justified warranty claims, we bear the costs of the return shipping. Otherwise, any costs of the shipment are to be borne by the customer. Defective goods should only be returned at our express request.
9.5 If the customer is a business, they must, upon receipt, promptly check the delivered goods for completeness, accuracy, and other lack of defects, especially the integrity of the packaging. In the presence of defects, they must report these within a reasonable period, but no later than four working days after receipt of the goods by email to sense@eigensinnig-wien.com. If the business does not report defects within the complaint period, the delivery is considered approved, thus eliminating all claims such as warranty, error appeal, or damages due to a later asserted deviation or defect (§ 377 UGB). This also applies to incorrect deliveries or deviations in delivery quantity.
9.6 If the customer is a business, we exclusively reserve the right to choose the remedy to eliminate a timely reported defect. We are also free to convert the agreement immediately.
9.7 If the customer is a business, they must bear the costs for the return of the goods for improvement or exchange.
- Liability
10.1 We are liable for damages according to 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 for claims under the Product Liability Act.
10.2 Customers who are businesses must prove the existence of intent or gross negligence and assert claims for damages within one year from the transfer of risk. The provisions on damages contained in these GTC or otherwise agreed apply even if the claim for damages is made alongside or instead of a warranty claim.
10.3 If the customer is a business, any recourse claims in the sense of § 12 of the Product Liability Act are excluded unless the claimant proves that the error was caused in our sphere and at least grossly negligently.
10.4 We are not liable for the uninterrupted function of the website provided free of charge. We are entitled at any time, even without prior notice, to perform 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.
- Retention of Title
11.1 Justified complaints do not entitle customers who are businesses to withhold the entire invoice amount, but only a reasonable part of it. The statutory right of retention for consumers is not restricted.
- Data Protection
12.1 The personal data disclosed to us by the customer during 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 purpose of fulfilling the contract.
12.2 By activating the checkbox to receive newsletters, the customer expressly agrees that the personal data disclosed by them during the contract conclusion (name, address, email, telephone number, and delivery address) will also be stored and processed for our marketing purposes and thus especially for sending promotional information by email and post according to § 107 TKG. Personal data is not passed on to third parties beyond this. The consent can be revoked at any time in the personal settings of the customer profile on the website or by the "deactivate newsletter" button within the email newsletter.
12.3 The customer is obligated to notify us of changes to their residential or business address and contact details during ongoing registration immediately (e.g., via the profile settings on the website). If they fail to notify, statements are considered received if they are sent to the last known address provided by them.
- Jurisdiction, Choice of Law
13.1 The exclusive place of jurisdiction for all disputes arising from this contract is the court with local and material jurisdiction for 1010 Vienna. This only applies if the customer is a business and in the case of consumers who at the time of the lawsuit do not have a residence or habitual residence in Austria or are not employed in the country.
13.2 The substantive law of the Republic of Austria applies exclusively, excluding referral norms and UN sales law. For consumers, this choice of law applies only to the extent that the mandatory provisions of the law of the state in which they have their habitual residence are not displaced.
- Applicable Law and 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 entered into with us is exclusively subject to Austrian law. All disputes arising from the contract concluded with you are to be litigated before the court of your general jurisdiction. An out-of-court complaint or arbitration procedure for legal disputes arising from this contractual relationship has not been agreed upon. Should a provision of these GTC be ineffective, this does not affect the validity of the other provisions of these GTC.
- OS Platform The EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes related to their online orders out of court initially.
