(Im Folgenden kurz „Verkäufer“ genannt).
Diese AGB sind an dem Muster für Allgemeine Geschäftsbedingungen der WKO angelehnt.
1.1 These General Terms and Conditions of Business ("GTC") and the rights and consequences of withdrawal for consumers set out in clause 8 shall apply - unless expressly agreed otherwise - to the conclusion of contracts between the seller and the customer (consumer or businesses). This applies regardless of whether such a contract is concluded online via https://shop.yours.ninja or offline.
1.2 By submitting the contractual declaration (see point 1.4), the customer accepts these GTC. Contracts can only be concluded under these terms and conditions. We must expressly agree to any deviating, conflicting, restrictive, or supplementary terms and conditions and regulations of the customer for them to become part of the contract in the individual case. In particular, contractual performance on our part shall not be deemed to constitute consent to any terms and conditions deviating from our GTC.
1.3 In the case of several contracts concluded at different times, the version of the GTC in force at the time of the submission of the contractual declaration (see clause 1.4) by the customer and published or posted by us shall become an integral part of the contract. Several contract conclusions with a certain customer shall not establish a continuing obligation or any other claim to renewed conclusion of a purchase contract without express written agreement of a framework contract.
1.4 Conclusion of contract
1.4.1 The presentation of our products on our website or in our stores does not constitute an offer in the legal sense. In each case, the offer shall be made exclusively by the customer as described in section 1.4.3.
1.4.2 The offer of the customer is made personally by handing over the goods to the cashier and paying for them. We accept such an offer by accepting the purchase price and handing over the goods.
1.4.3 On our website, the customer's offer is made by ordering the item. The offer of the customer becomes binding for him by clicking on the button "Place Order". Please note that the customer will be sent a separate automated confirmation of receipt of the order after we have received it. Such confirmation does not yet constitute acceptance of the offer. Our acceptance shall only be effected by a separate order confirmation sent in writing within a reasonable period of time, or by actual delivery of the ordered product(s). A reasonable period of time shall be understood to mean a period of no more than 5 working days. We are entitled to accept orders even partially or to reject them without giving reasons. If you do not receive a message despite having entered a valid e-mail address, please contact us at firstname.lastname@example.org.
1.4.4 By sending the order, customers confirm the accuracy of their information, especially their name and address.
We are not liable for an uninterrupted function of the website. We are entitled at any time, even without prior notice, to carry out work on the website that involves a shutdown/interruption. We are also not obliged to provide a certain server capacity so that overloads and longer response times must be expected.
3.1 The prices listed on the website are end-user prices. We will indicate any additional freight, delivery, shipping, or other costs to the consumer before the consumer submits its offer, to the extent that these costs can reasonably be calculated in advance. If such costs cannot reasonably be calculated in advance, we will indicate in advance the possible incurrence of such additional costs prior to the submission of the offer by the customer.
3.2 Book shipments are subject to the provisions of the Federal Law on Fixed Prices for Books.
Unless otherwise agreed in writing, our claims are to be paid in full and without deduction before delivery of the ordered products. Payment options are communicated in the online store of the seller. In case of personal purchase, the following payment method is available: Cash payment. The purchase price is due immediately upon our acceptance of the offer. Therefore, if payment by credit card is chosen, the amount equal to the purchase price will be debited from the credit card provided by the customer upon our acceptance of the offer.
5.1 Delivery (posting by us) in the case of an online purchase shall take place - provided that the goods are in stock and nothing to the contrary is noted on the website for them - within 4-5 working days after acceptance of the order by email or receipt of the order in the case of acceptance by actual delivery (clause 1.4.3). The choice of the carrier is made by us at our best discretion, but without guarantee for the choice of the fastest and cheapest shipment.
5.2 The delivery period shall be extended by the duration of the hindrance due to all circumstances independent of the will of the parties, such as cases of force majeure, unforeseeable operational disruptions, official interventions, transport and customs clearance delays, transport damage, rejects of important production parts and labor disputes.
5.3 Delivery shall be made to the delivery address specified by the customer. Any additional costs caused by the customer providing an incorrect delivery address shall be borne by the customer.
6.1 You can cancel this contract within 14 days without giving any reason. For the withdrawal, the customer must inform us with a clear statement (eg a letter sent by mail or email - see point 1) about the decision to revoke this contract. If you wish to revoke the contract, please send us the following form by mail or email.
Declaration of withdrawal / revocation to
Reisnerstrasse 34, 1030 Vienna
I/we hereby cancel the contract concluded by me/us for the item ..........................., which I/we ordered on .............. / received on ...............
Refund to account IBAN ................................................ BIC ..........
Name of the consumer(s) ..................
Date Signature .....................................
6.2 The withdrawal period is as follows:
6.2.1 The withdrawal period is 14 days from the day on which you or a third party named by you, who is not the carrier, has obtained possession of the goods (§ 11 Abs 2 Z 2 lit a) to c) FAGG).
6.2.2 The withdrawal period according to point 6.2.1 is met if the declaration of withdrawal is sent within the period. Please note, however, that the withdrawal must reach us to be effective (the risk in case of postal or electronic transmission lies with you).
6.3 If the consumer cancels the contract, we shall reimburse the consumer all payments we have received from him, including delivery costs (except for additional costs resulting from the fact that the consumer has chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and no later than 14 days from the day on which we received the notification of the cancellation of this contract. For this refund, we use the same means of payment that the consumer used in the original transaction, unless expressly agreed otherwise with the consumer. In no case will the consumer be charged any fees because of this refund. We may refuse repayment until we have either received the goods sent or the consumer has provided proof that the goods have been returned unless we have offered to collect the goods ourselves.
6.4 The consumer shall return or hand over the goods to us without undue delay and in any case no later than 14 days from the day on which the consumer notifies us of the revocation of this contract. The deadline is met if the consumer sends the goods before the expiry of the 14 days. The consumer shall bear the direct costs of the return, provided that we have informed him in advance of the obligation to bear the costs of the return. The consumer shall only be liable for any loss in value of the goods if this loss in value is due to handling by the consumer that is not necessary for testing the quality, characteristics, and functioning of the goods.
The goods delivered by us remain our property until full payment of all our claims arising from the respective delivery.
8.1 The statutory warranty provisions (§8 KSchG) apply to consumers in the event of defects in the goods. There is no case of warranty for damage caused by improper use or handling of the product. The same applies to normal wear and tear.
8.2 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 the resolution and size. The delivered goods shall be deemed to be by the contract if the delivered pieces correspond to the other product specification.
8.3 If the customer is a consumer within the meaning of the KSchG, he must inspect 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 email@example.com and briefly describe them. This only serves the purpose of faster and more effective processing of any notices of defects. A breach of this obligation shall not result in any limitation of the consumer's statutory warranty rights.
8.4 If a return of the goods to us is requested by the customer and the goods are actually defective, we shall bear the corresponding costs. Otherwise, any costs of the shipment shall be borne by the consumer. Defective goods shall therefore only be returned at our express request.
We shall be liable for damages following 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 persons and claims under the Product Liability Act.
The personal data provided to us by the customer in the course of the business relationship, such as name, address, email, telephone number, and delivery address, shall be stored and processed by us. We use the data within the scope of the legal authority to execute the order. By checking the box for data protection consent, the customer expressly agrees that the personal data disclosed by him in the course of the contract will also be stored and processed for our marketing purposes and thus in particular for promotional purposes via email per § 107 TKG. Any further transfer of personal data to third parties will not take place. Both consents can be revoked - also separately from each other - at any time (e.g. by email to firstname.lastname@example.org). Within the framework of the legal provisions of §10 DSG 2000, we make use of the possibility of a service provider, who has committed himself to comply with his obligations according to §11 DSG. Neither by us nor by our partners (service providers), data are transmitted or left to recipients, who have their headquarters outside of the European Economic Area. We are obligated to comply with data security measures (§14 DSG) and data secrecy (§15 DSG).
11.1 The substantive law of the Republic of Austria shall apply exclusively to the exclusion of the conflict of law rules and the UN Sales Convention. In the case of consumers, this choice of law shall only apply to the extent that mandatory provisions of the law of the state in which the consumer has his habitual residence are not displaced. Our right to invoke another court having jurisdiction over the customer, in this case, shall remain unaffected.
11.2 Should individual provisions of these GTC be invalid in whole or in part, this shall not affect the validity of the remaining provisions and the contracts concluded on the basis thereof. The wholly or partially invalid provision will be replaced exclusively in contracts with entrepreneurs by a provision that comes closest to the meaning and purpose of the invalid provision.
11.3 You can provide feedback, questions, and complaints directly to us via email@example.com. Consumers also have the option to submit complaints to the EU's online dispute resolution platform: https://ec.europa.eu/odr.