o.h.o. online shop

 

General Terms and Conditions including customer information

Section 1
Scope of application and contractual partner

The present General Terms and Conditions apply to all contracts concluded between you as customer and us as operator of the o.h.o Online Shop in Austria. As part of the order process, you accept the General Terms and Condition in the version valid at the time of placing an order.
   
Operator of the online shop and your contractual partner:

Edeltraud Feiler, Ferdinand Porsche Ring 1/2/32, 2700 Wiener Neustadt (Austria)

VAT ID No.: ATU71095067

Email: office@oho-clip.at
Telephone: 0043 677 61217910 (Provider: Hot. Charges for calls from a landline or other mobile phone networks to the Hot mobile phone network are subject to the tariffs of your provider.)

The range of products offered in the online shop is exclusively aimed at customers under the Austrian Consumer Protection Law (KSchG).

Section 2
Conclusion of contract

The presentation of products in the online shop does not constitute a binding offer of sale. An offer to conclude a purchase contract is made by you when placing your order by clicking the button “Buy” after completing the order page in full. This order shall be binding for you for 1 (one) week, meaning the contract is bindingly concluded if we accept your order within this period.

After placing an order, you will automatically an email confirming the receipt of the order. However, this will not constitute the acceptance of the contract (order confirmation). We will declare the contract as accepted by sending a separate email as soon as the goods have been dispatched from our warehouse (dispatch confirmation) or, at the latest, when the goods are delivered. This also applies when you have paid the purchase price or authorised the payment before the conclusion of the contract due to the payment method selected by you. In the unlikely case that we cannot accept your order due to product availability or a contract cannot be concluded for other reasons, the advance payment will of course be refunded immediately.

In any case, your statutory right to cancel (see Section 6) will remain unaffected by the provisions stated above.
The contract shall be concluded in German.

Section 3
Prices and additional costs

The prices stated in our online shop include the statutory value-added tax and all other price components. All prices are in Euro and do not included the additional costs stated below.

We deliver to Austria and Germany.
Delivery costs:
Austria € 3.90
Germany € 6.90
Free delivery on orders with an order value of € 30 or more.

Section 4
Payment and Reservation of Title

Payment of the purchase price can be made by either transfer of payment in advance (advance payment) or by credit card (VISA or Mastercard)

Transfer of payment in advance
For transfer of payment in advance, the invoice amount and our bank details will be specified in the order confirmation. The invoice amount is due immediately and must be credited to our account within 5 days at the latest. We shall reserve the conclusion of the contract pursuant to Section 2 (2).

We shall be entitled to charge you a flat compensation fee in the amount of Euro 20 for the costs of reversal and our expenses when the amount invoiced by us and payable by you is not irrevocably credited to our account and is reversed due to lack of sufficient funds on your bank account or credit card. The aforementioned compensation fee does not apply if, in individual cases, we can prove that the damages were greater or you can prove that the damages were less. Other statutory rights remain unaffected.
   
You will only be able to offset your claims against our claims if we have accepted your claims, such claims have been legally ascertained, are in connection with our legal obligations or we have become insolvent. Your payment shall only be returned if we do not or not properly perform the services pertaining to the same contractual relationship or when the performance of our services pertaining to the same contractual relationship would be at risk due to poor financial circumstances on our side.
   
We shall reserve the title to the goods delivered until the respective invoice amount of a delivery has been paid in full (the total purchase price including any additional costs has been irrevocably and unreservedly credited). If you are an  entrepreneur carrying out his commercial or self-employed business, a legal entity under public law or special fund under public law, we shall reserve the title to the purchased item until all debts arising from the business relationships with you have been settled. All corresponding security interests are transferrable to third parties. Extraordinary disposals such as pledging, collateral assignment and all other are not permitted. In case of processing, mixing or combining the goods subject to reservation with other material, we shall acquire co-ownership of the new goods produced in proportion with the contributing values of the goods subject to reservation and the value of the other material. In the event of an attachment of the goods subject to reservation, you shall inform us immediately and support us in asserting our rights as well as compensate us for any costs assumed, in particular costs arising in connection with objection proceedings.

Section 5
Delivery and delivery times

The goods are dispatched from our company location in 2700 Wiener Neustadt (Austria) which is also the place of fulfilment. Delivery area and delivery charges are stipulated in Section 3 (2).

The delivery times specified in our online shop and/or our dispatch confirmation are based, in accordance with Section 2 (2), on the time of the confirmation of the order, the transfer of payment in advance but not before the time the invoice amount has been credited to our account. Unless the delivery time is not specified or otherwise agreed, the time for delivery usually takes 5 to 8 working days.

Section 6
Right to cancellation

Customers have a statutory right to cancel a concluded long-distance transaction. We would like to inform you about this as follows:

CANCELLATION POLICY
Right of cancellation

You have the right to cancel this contract without stating reasons within fourteen days. This cancellation period commences on the day you or a third person specified by you, but not the carrier, has taken possession of the goods.

In order to exercise your right of cancellation, you must inform us

Edeltraud Feiler
Ferdinand Porsche Ring 1/2/32
2700 Wiener Neustadt
Austria

Email: office@oho-clip.at
Telephone: 0043 677 61217910 (Provider: Hot. Charges for calls from a landline or other mobile phone networks to the Hot mobile phone network are subject to the tariffs of your provider.)
by submitting a clear statement (e.g. a letter by mail or email) about your decision to cancel this contract.

To comply with the cancellation period, it is sufficient to send the cancellation before the cancellation period expires.

Consequences of the cancellation

In the event that you cancel the contract, we shall return all payments including delivery charges we have received from you immediately and no later than within fourteen days from the day we received your cancellation of the contract. If the delivery of your order is free of charge due to the value of the order and, in case you ordered several items, you exercise your statutory right of cancellation only for part of the order and the items remaining with you do not reach the minimum value for free delivery then you shall be charged the dispatch costs that would have been due when you would have only ordered the items remaining with you. Repayment will be made by bank transfer, unless expressively agreed with you otherwise; we will not charge you for any costs of the repayment. Repayments will not be made until we have received the returned goods or until you have submitted proof that the goods have been dispatched for return, whichever is the earlier. The goods must be returned immediately or within fourteen days from the day you informed us about the cancellation at the latest to 

Edeltraud Feiler
Ferdinand Porsche Ring 1/2/32
2700 Wiener Neustadt
Austria

This period shall be deemed as observed if the goods have been dispatched for return before the period of fourteen days expires. The direct costs for the return of the goods shall be assumed by you. You shall only be liable for any diminished value of the goods resulting from the handling, other than what is necessary, of the goods to ascertain the nature, properties and functioning of the goods.
CANCELLATION POLICY END

Section 7
Rights in the case of defects

Your rights in case of defects in quality and defects in title are governed by the legal provisions.
Your statutory right of cancellation (see Section 6) will remain unaffected in any case.

Section 8
Choice of law and jurisdiction

This contractual relationship shall be exclusively governed by Austrian law with the exclusion of material uniform law. The statutory provisions shall apply to the place of jurisdiction.

Section 9
Severability clause

Should one or more provisions of these general terms and conditions be found to be or become invalid or ineffective so will this not result in the ineffectiveness of the contract as a whole. The invalid or ineffective provision shall be replaced by a provision which comes as close as possible to the commercial purpose of the invalid or ineffective provision.

Effective: 09/2016