DATA PROTECTION DECLARATION
The responsible party for data processing on this website within the meaning of the General Data Protection Regulation (DSGVO) is
​
top dog cool cat
Sabine Kreuzspiegl e.U
Prinz Eugen Strasse 70/2/E.4C
1040 Vienna, Austria
Email: office@topdogcoolcat.com
Phone: +43 1 2266036
​
Status: 25. November 2020
Content Data Protection Declaration
§ 1. Data collection when visiting our website
When you use our website for information purposes only, i.e. if you do not register or otherwise transmit information to us, we only collect the data that your browser transmits to our server (so-called "server log files"). When you visit our website, we collect the following data, which is technically necessary for us to display the website to you:
Our visited website
Date and time at the time of access
Amount of data sent in bytes
Source/reference from which you reached the page
Browser used
Operating system used
IP address used (if applicable: in anonymised form)
The processing is carried out in accordance with Art. 6 para. 1 lit. f DSGVO on the basis of our legitimate interest in improving the stability and functionality of our website. The data is not passed on or used in any other way. However, we reserve the right to check the server log files retrospectively if there are concrete indications of illegal use.
§ 2. Cookies
In order to make visiting our website more attractive and to enable the use of certain functions, we use so-called cookies on various pages. These are small text files that are stored on your terminal device. Some of the cookies we use are deleted after the end of the browser session, i.e. after you close your browser (so-called session cookies). Other cookies remain on your end device and enable your browser to be recognised the next time you visit (so-called persistent cookies). If cookies are set, they collect and process certain user information such as browser and location data and IP address values to an individual extent. Persistent cookies are automatically deleted after a specified period of time, which may differ depending on the cookie. The duration of the respective cookie storage can be found in the overview of the cookie settings of your web browser.
In some cases, cookies are used to simplify the ordering process by storing settings (e.g. remembering the contents of a virtual shopping basket for a later visit to the website). If personal data is also processed by individual cookies used by us, the processing is carried out in accordance with Art. 6 para. 1 lit. b DSGVO either for the performance of the contract, in accordance with Art. 6 para. 1 lit. a DSGVO in the case of consent given or in accordance with Art. 6 para. 1 lit. f DSGVO to protect our legitimate interests in the best possible functionality of the website as well as a customer-friendly and effective design of the page visit.
Please note that you can set your browser in such a way that you are informed about the setting of cookies and can decide individually about their acceptance or can exclude the acceptance of cookies for certain cases or in general. Each browser differs in the way it manages cookie settings. This is described in the help menu of each browser, which explains how you can change your cookie settings. You can find these for the respective browsers under the following links:
Internet Explorer: https://support.microsoft.com/de-de/help/17442/windows-internet-explorer-delete-manage-cookies
Firefox: https://support.mozilla.org/de/kb/cookies-erlauben-und-ablehnen
Chrome: https://support.google.com/chrome/answer/95647?hl=de&hlrm=en
Safari: https://support.apple.com/de-de/guide/safari/sfri11471/mac
Opera: https://help.opera.com/de/latest/web-preferences/#cookies
Please note that if you do not accept cookies, the functionality of our website may be limited.
§ 3. Contacting us
3.1 Personal data is collected when contacting us (e.g. via contact form or e-mail). Which data is collected in the case of a contact form can be seen from the respective contact form. This data is stored and used exclusively for the purpose of answering your request or for contacting you and the associated technical administration. The legal basis for the processing of this data is Art. 6 para. 1 lit. b DSGVO (required for the implementation of pre-contractual measures). Your data will be deleted after final processing of your request.
§ 4. Data processing when opening a customer account and for contract processing
Contract processing
Pursuant to Art. 6 para. 1 lit. b DSGVO, personal data is collected and processed if you provide it to us for the execution of a contract or when opening a customer account. Which data is collected can be seen from the respective input forms. Deletion of your customer account is possible at any time and can be done by sending a message to the above address of the person responsible. We store and use the data provided by you for the purpose of processing the contract. After complete processing of the contract or deletion of your customer account, your data will be deleted with regard to tax and commercial law retention periods (currently 7 years).
§ 5. Data processing for order handling
5.1 In order to process your order, we work together with the service provider(s) listed below, who support us in whole or in part in the execution of concluded contracts. Certain personal data will be transmitted to these service providers in accordance with the following information.
The personal data collected by us will be passed on to the transport company commissioned with the delivery as part of the contract processing, insofar as this is necessary for the delivery of the goods. We pass on your payment data to the commissioned credit institution within the framework of payment processing, insofar as this is necessary for payment processing. If payment service providers are used, we will inform you explicitly about this below. The legal basis for the transfer of data is Art. 6 Para. 1 lit. b DSGVO.
5.2 Use of payment service providers (payment services) - Klarna
If you select a Klarna payment service, the payment will be processed via Klarna Bank AB (publ) [https://www.klarna.com/de], Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). In order to enable the processing of the payment, your personal data (first name and surname, street, house number, postcode, town, gender, e-mail address, telephone number and IP address) as well as data related to the order (e.g. invoice amount, article, delivery type) will be passed on to Klarna for the purpose of checking your identity and creditworthiness, provided that you have expressly consented to this in accordance with Art. 6 Para. 1 lit. a DSGVO during the ordering process. You can see which credit agencies your data may be forwarded to here:
https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/credit_rating_agencies The credit report may contain probability values (so-called score values). If score values are included in the result of the credit report, they are based on a scientifically recognised mathematical-statistical procedure. The calculation of the score values includes, but is not limited to, address data. Klarna uses the information obtained about the statistical probability of a payment default for a weighed decision about the establishment, implementation or termination of the contractual relationship.You can revoke your consent at any time by sending a message to the data controller or to Klarna. However, Klarna may continue to process your personal data to the extent necessary to process the payment in accordance with the contract.Your personal data will be processed in accordance with the applicable data protection provisions and as set out in Klarna's privacy policy for data subjects located in Germany https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacybzw. for data subjects located in Austria https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/privacybehandelt.
- Stripe
If you choose a payment method from the payment service provider Stripe, the payment will be processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland, to whom we pass on the information you provided during the ordering process, together with information about your order (name, address, account number, bank sort code, credit card number if applicable, invoice amount, currency and transaction number) in accordance with Art. 6 (1) lit. b DSGVO. Your data will only be passed on for the purpose of processing payments with the payment service provider Stripe Payments Europe Ltd. and only to the extent necessary for this purpose. You can find more information on Stripe's data protection at the URL https://stripe.com/de/privacy#translation.
- Wix Payments
If you choose to use the Wix Payments payment method, payment will be made through the payment system of Wix HQ, 6350671, Nemal Tel Aviv St 40, Tel Aviv-Yafo, Israel ("Wix"). Wix Payments allows payment via all major credit card formats and, depending on the region, additional payment methods. The individual payment methods offered through Wix Payments will be disclosed to you on our website.
In the case of payments via Wix Payments, your payment data (e.g. payment amount, information on the payment method used, details of the payee) as well as your confirmation that the payment data is correct will be collected and processed by Wix for the purpose of carrying out the payment in accordance with Art. 6 (1) lit. b DSGVO and transmitted to the credit institution commissioned with the payment. This processing only takes place insofar as it is actually necessary for the execution of the payment. Wix then authenticates the payment via the authentication procedure stored for you at your credit institution.
In the context of the aforementioned services, data may also be transmitted to Wix Inc., 500 Terry A. Francois Boulevard, San Francisco, California 94158, USA, by way of further processing on your behalf.
In the event that data is transferred to Wix in Israel, the appropriate level of data protection is guaranteed by adequacy decision of the European Commission.
Further information on data protection by Wix can be found on the following website: https://de.wix.com/about/privacy.
§ 6. Online marketing
6.1 Use of Google Ads conversion tracking
This website uses the online advertising programme "Google Ads" and, within the framework of Google Ads, the conversion tracking of Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). We use Google Ads to draw attention to our attractive offers on external websites with the help of advertising media (so-called Google Adwords). We can determine how successful the individual advertising measures are in relation to the data of the advertising campaigns. Our aim is to show you advertising that is of interest to you, to make our website more interesting for you and to achieve a fair calculation of the advertising costs incurred.
The conversion tracking cookie is set when a user clicks on an ad placed by Google. Cookies are small text files that are stored on your end device. These cookies usually lose their validity after 30 days and are not used for personal identification. If the user visits certain pages of this website and the cookie has not yet expired, Google and we can recognise that the user clicked on the ad and was redirected to this page. Each Google Ads customer receives a different cookie. Cookies cannot therefore be tracked across Google Ads clients' websites. The information obtained using the conversion cookie is used to create conversion statistics for Google Ads customers who have opted in to conversion tracking. Clients learn the total number of users who clicked on their ad and were redirected to a page tagged with a conversion tracking tag. However, they do not receive any information that personally identifies users. If you do not wish to participate in the tracking, you can block this use by deactivating the Google conversion tracking cookie via your internet browser under the keyword "User settings". You will then not be included in the conversion tracking statistics. We use Google Ads based on our legitimate interest in targeted advertising pursuant to Art. 6 (1) lit. f DSGVO. The use of Google Ads may also involve the transmission of personal data to the servers of Google LLC. in the USA.
You can obtain further information about Google's data protection provisions at the following Internet address: https://www.google.de/policies/privacy/.
You can permanently object to the setting of cookies by Google Ads conversion tracking by downloading and installing the Google browser plug-in available at the following link:
https://www.google.com/settings/ads/plugin?hl=de
Please note that certain functions of this website may not be available or may only be available to a limited extent if you have deactivated the use of cookies.
As far as legally required, we have obtained your consent pursuant to Art. 6 (1) lit. a DSGVO for the processing of your data as described above. You can revoke your consent at any time with effect for the future. To exercise your revocation, deactivate this service in the "Cookie Consent Tool" provided on the website or alternatively follow the option described above to make an objection.
§ 7. Web analytics services
Google (Universal) Analytics
This website uses Google (Universal) Analytics, a web analytics service provided by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). Google (Universal) Analytics uses "cookies", which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States.
This website uses Google (Universal) Analytics exclusively with the extension "_anonymizeIp()", which ensures anonymisation of the IP address by shortening it and excludes direct personal reference. The extension means that your IP address is shortened beforehand by Google within member states of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google LLC.server in the USA and shortened there. Google will use this information on our behalf for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage. In this context, the IP address transmitted by your browser as part of Google (Universal) Analytics will not be merged with other Google data.
All processing described above, in particular the setting of Google Analytics cookies for the reading of information on the end device used, will only be carried out if you have given us your express consent to do so in accordance with Art. 6 (1) a DSGVO. Without this consent, Google Analytics will not be used during your visit to the site. You can revoke your consent at any time with effect for the future. To exercise your revocation, please deactivate this service in the "Cookie Consent Tool" provided on the website. We have concluded an order processing agreement with Google for the use of Google Analytics, which obliges Google to protect the data of our site visitors and not to pass it on to third parties.
For the transfer of data from the EU to the USA, Google refers to the so-called standard data protection clauses of the European Commission, which are intended to ensure compliance with the European level of data protection in the USA.
Further information on Google (Universal) Analytics can be found here: https://policies.google.com/privacy?hl=de&gl=de
§ 8. Retargeting/ Remarketing/ Referral advertising
Google Ads Remarketing
Our website uses the Google Ads Remarketing function to advertise this website in Google search results and on third-party websites. The provider is Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). For this purpose, Google sets a cookie in the browser of your terminal device, which automatically enables interest-based advertising by means of a pseudonymous cookie ID and on the basis of the pages you visit. The processing is based on our legitimate interest in the optimal marketing of our website in accordance with Art. 6 para. 1 lit. f DSGVO.
Further data processing will only take place if you have consented to Google linking your internet and app browsing history to your Google account and using information from your Google account to personalise the ads you see on the web. In this case, if you are logged into Google while visiting our website, Google will use your data together with Google Analytics data to create and define target group lists for cross-device remarketing. For this purpose, your personal data will be temporarily linked by Google with Google Analytics data in order to form target groups. In the context of the use of Google Ads Remarketing, personal data may also be transmitted to the servers of Google LLC. in the USA.
You can permanently object to the setting of cookies by Google Ads Remarketing by downloading and installing the Google browser plug-in available at the following link:
https://www.google.com/settings/ads/onweb/
Further information and the privacy policy regarding advertising and Google can be found here:
https://www.google.com/policies/technologies/ads/
As far as legally required, we have obtained your consent for the processing of your data as described above in accordance with Art. 6 para. 1 lit. a DSGVO. You can revoke your consent at any time with effect for the future. To exercise your revocation, deactivate this service in the "Cookie Consent Tool" provided on the website or alternatively follow the option described above for making an objection.
§ 9. Use of your data for direct advertising, direkt marketing
9.1 Registration for our e-mail newsletterIf you register for our e-mail newsletter, we will regularly send you information about our offers. The only mandatory information for sending the newsletter is your e-mail address. With your order, you give us your consent for the use of your personal data in accordance with Art. 6 Para. 1 lit. a DSGVO. When you register for the newsletter, we store your IP address entered by your Internet service provider (ISP) as well as the date and time of registration in order to be able to trace any possible misuse of your e-mail address at a later date. The data we collect when you register for the newsletter is used exclusively for the purpose of sending information by way of the newsletter. You can unsubscribe from the newsletter at any time via the link provided for this purpose in the newsletter or by sending a corresponding message to the responsible person named at the beginning. After unsubscribing, your e-mail address will be deleted from our newsletter distribution list immediately.9.2 Sending the e-mail newsletter to existing customersIf you have provided us with your e-mail address when purchasing goods or services, we reserve the right to regularly send you e-mail offers for similar goods or services to those already purchased from our range. In accordance with § 107 TKG, we do not need to obtain your separate consent for this. In this respect, the data processing is carried out solely on the basis of our legitimate interest in personalised direct advertising in accordance with Art. 6 Para. 1 lit. f DSGVO. If you have initially objected to the use of your e-mail address for this purpose, we will not send you any e-mails. You are entitled to object to the use of your e-mail address for the aforementioned advertising purpose at any time with effect for the future by notifying the responsible person named at the beginning. After receipt of your objection, the use of your e-mail address for advertising purposes will cease immediately.
Sollten gelieferte Artikel offensichtliche Material- oder Herstellungsfehler aufweisen, so ist der Kunde verpflichtet, sich sofort an den Support von Top Dog & Cool Cat zu wenden. Bei unsachgemäßer Verwendung der bestellten Artikel, wie z.B.
§ 10. Hosting
Hosting by Wix
We use the website building system of Wix HQ, 6350671, Nemal Tel Aviv St 40, Tel Aviv-Yafo, Israel ("Wix") for the purpose of hosting and displaying the website on the basis of processing on our behalf. All data collected on our website is processed on Wix's servers. As part of the aforementioned services provided by Wix, data may also be transferred to Wix Inc, 500 Terry A. Francois Boulevard, San Francisco, California 94158, USA, as part of further processing on our behalf. In the event that data is transferred to Wix in Israel, the appropriate level of data protection is guaranteed by adequacy decision of the European Commission. Further information on data protection by Wix can be found on the following website: https://de.wix.com/about/privacy.
The scope of the processing of personal data is described below. Further processing on servers other than the aforementioned Wix servers only takes place within the framework communicated below.
§ 11. Use of social media: social plugins
11.1 Facebook as standard plugin
Our website uses so-called social plugins ("plugins") of the social network Facebook, which is operated by Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("Facebook"). The plugins are marked with a Facebook logo or the addition "Social Plug-in from Facebook" or "Facebook Social Plugin". You can find an overview of the Facebook plug-ins and their appearance here: https://developers.facebook.com/docs/plugins.
When you call up a page of our website that contains such a plug-in, your browser establishes a direct connection to the Facebook servers. The content of the plugin is transmitted by Facebook directly to your browser and integrated into the page. Through this integration, Facebook receives the information that your browser has called up the corresponding page of our website, even if you do not have a Facebook profile or are not currently logged in to Facebook. This information (including your IP address) is transmitted by your browser directly to a Facebook Inc. server in the USA and stored there.
If you are logged in to Facebook, Facebook can directly assign your visit to our website to your Facebook profile. If you interact with the plugins, for example by clicking the "Like" button or posting a comment, this information is also transmitted directly to a Facebook server and stored there. The information is also published on your Facebook profile and displayed to your Facebook friends.
The described data processing operations are carried out in accordance with Art. 6 (1) lit. f DSGVO on the basis of Facebook's legitimate interests in displaying personalised advertising to inform other users of the social network about your activities on our website and for the needs-based design of the Facebook service.
If you do not want Facebook to assign the data collected via our website directly to your Facebook profile, you must log out of Facebook before visiting our website. You can also object to the loading of the Facebook plugins and thus the data processing operations described above for the future using add-ons for your browser, e.g. the script blocker "NoScript" (http://noscript.net/).
For the purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as your rights in this regard and setting options for protecting your privacy, please refer to Facebook's privacy policy:
https://www.facebook.com/policy.php
11.2 Instagram as standard plugin
Our website uses so-called social plugins ("plugins") of the online service Instagram, which is operated by Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland ("Facebook"). The plugins are marked with an Instagram logo, for example in the form of an "Instagram camera". You can find an overview of the Instagram plugins and their appearance here: http://blog.instagram.com/post/36222022872/introducing-instagram-badges.
When you call up a page of our website that contains such a plugin, your browser establishes a direct connection to the Instagram servers. The content of the plugin is transmitted by Instagram directly to your browser and integrated into the page. Through this integration, Instagram receives the information that your browser has called up the corresponding page of our website, even if you do not have an Instagram profile or are not currently logged in to Instagram. This information (including your IP address) is transmitted by your browser directly to a Facebook Inc. server in the USA and stored there.
If you are logged in to Instagram, Instagram can directly assign your visit to our website to your Instagram account. If you interact with the plugins, for example by clicking the "Instagram camera" button, this information is also transmitted directly to an Instagram server and stored there. The information is also published on your Instagram account and displayed there to your contacts.
The described data processing operations are carried out in accordance with Art. 6 (1) lit. f DSGVO on the basis of Instagram's legitimate interests in displaying personalised advertising to inform other users of the social network about your activities on our website and for the needs-based design of the Instagram service.
If you do not want Instagram to directly assign the data collected via our website to your Instagram account, you must log out of Instagram before visiting our website. You can also object to the loading of the Instagram plugins and thus the data processing operations described above for the future with add-ons for your browser, e.g. with the script blocker "NoScript" (http://noscript.net/).
For the purpose and scope of the data collection and the further processing and use of the data by Instagram, as well as your rights in this regard and setting options for protecting your privacy, please refer to Instagram's privacy policy: https://help.instagram.com/155833707900388/
§ 12. Rights of the data subject
12.1 The applicable data protection law grants you comprehensive data subject rights vis-Ã -vis the controller with regard to the processing of your personal data, which we inform you about below:
Right to information pursuant to Art. 15 DSGVO: You have in particular a right to information about your personal data processed by us, the processing purposes, the categories of personal data processed, the recipients or categories of recipients to whom your data have been or will be disclosed, the planned storage period or the criteria for determining the storage period, the existence of a right to rectification, erasure, restriction of processing, objection to processing, complaint to a supervisory authority, the origin of your data if it has not been collected from you by us, the existence of automated decision-making including profiling and, if applicable, meaningful information about the logic involved and the scope and the intended effects of such processing concerning you, as well as your right to be informed about which guarantees exist in accordance with Art. 46 DSGVO in case of transfer of your data to third countries;
Right to rectification pursuant to Art. 16 of the GDPR: You have the right to have any inaccurate data relating to you rectified without delay and/or to have any incomplete data stored by us completed;
Right to deletion pursuant to Art. 17 DSGVO: You have the right to demand the deletion of your personal data if the requirements of Art. 17 (1) DSGVO are met. However, this right does not exist in particular if the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the assertion, exercise or defence of legal claims;
Right to restriction of processing pursuant to Art. 18 of the GDPR: You have the right to request the restriction of the processing of your personal data as long as the accuracy of your data, which you dispute, is being verified; if you refuse the erasure of your data due to unlawful data processing and instead request the restriction of the processing of your data; if you require your data for the assertion, exercise or defence of legal claims after we no longer need this data after the purpose has been achieved; or if you have lodged an objection for reasons relating to your particular situation as long as it has not yet been determined whether our legitimate grounds prevail;
Right to information pursuant to Art. 19 DSGVO: If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort. You have the right to be informed about these recipients.
Right to data portability pursuant to Art. 20 DSGVO: You have the right to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request that it be transferred to another controller, insofar as this is technically feasible;
Right to revoke consent given in accordance with Art. 7 (3) DSGVO: You have the right to revoke consent to the processing of data once given at any time with effect for the future. In the event of revocation, we will immediately delete the data concerned unless further processing can be based on a legal basis for processing without consent. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation;
Right to lodge a complaint pursuant to Art. 77 GDPR: If you believe that the processing of personal data concerning you violates the GDPR, you have - without prejudice to any other administrative or judicial remedy - the right to lodge a complaint with a supervisory authority, in Austria the data protection authority.
12.2 Right of objection
If your personal data is processed on the basis of our overriding interest, you have the right to object to this processing at any time with effect for the future. However, we reserve the right to further processing if there are compelling reasons for further processing.
General Terms & Conditions
Status: 25. November 2020
Content T&C
§1. Scope of Application
1.1 These general terms and conditions (hereinafter "GTC") of
top dog cool cat
Sabine Kreuzspiegl e.U
Prinz Eugen Street 70/2/E.4C
1040 Vienna, Austria
Email: office@topdogcoolcat.com
Phone: +43 1 2266036
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 companies, 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 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, after placing the selected goods or services in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods or services contained in the shopping cart by clicking the button that concludes the ordering process. The customer may, if he is an entrepreneur, also submit his legally binding offer by email.
2.3 The seller can accept the offer of the customer within 5 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 5th 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 also gives a payment order to his payment service provider to transfer the money directly to the account of the seller, the seller declares, in deviation from 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 German 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 between the seller and a consumer that is concluded without the simultaneous physical presence of the seller and the consumer, whereby up to and including the conclusion of the contract, the consumer has the right to withdraw from the contract.
A distance contract is a contract between the Seller and a Consumer concluded 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.
3.2 More detailed information on the right of withdrawal can be found in the seller's withdrawal policy.
§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.
§5. Retention of Title
5.1 With respect to its customers, whether consumers or entrepreneurs, the Seller shall retain title to the goods provided until the purchase price owed has been paid in full.
§6. Delivery and shipping conditions
6.1 Our offers are open to all customers with a residence or registered office in a member state of the European Union, the United Kingdom, the United States and Switzerland. Delivery will be made within the European Union, the United Kingdom, the United States and Switzerland.
6.2 The delivery of goods shall be made by shipping to the delivery address provided by the customer, unless otherwise agreed.
6.3 If the Customer is acting as an entrepreneur, the risk of loss or damage to the goods sold shall pass to the Customer as soon as the Seller has delivered the item to the forwarding agent, the carrier 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/herself without making use of a choice suggested by the business, the risk shall pass as soon as the goods are handed over to the carrier.
Costs and timing you will find at delivery and returns
§7. Warranty/Liability
The provisions of the statutory warranty shall apply.
If the customer acts as an entrepreneur, the following also applies:
- In principle, an insignificant defect does not constitute a warranty claim,
- The seller has the choice of how to remedy the defect.
- The limitation period does not begin again if a replacement delivery is made under warranty.
- If the customer acts as an entrepreneur in the sense of the Austrian Commercial Code (UGB), he shall be subject to the commercial obligation to examine the goods and to give notice of defects pursuant to § 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 it is personal injury. These liability regulations also apply with regard to the liability of the seller for his 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. 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. In the case of consumers who are domiciled or habitually resident in an EU Member State at the time of conclusion of the contract, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is domiciled or habitually resident.
8.2 For consumers domiciled or habitually resident in a member state of the EU, the statutory places of jurisdiction shall apply. In the relationship with entrepreneurs, the factually competent court at the registered office of the Seller is agreed as the exclusively competent court. 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.
