Terms & Conditions
1st contracting party
2. scope of application
Unless otherwise agreed, the business relationship between the seller and the customer shall be governed by these GTC. The inclusion of the customer's own terms and conditions is objected to. The customer is deemed to be a consumer if the contract is concluded for non-commercial or self-employed activities.
3 Conclusion of contract
The ordering process works as follows:
The customer can add the displayed goods to the shopping cart by clicking on the button "Add to cart" and will then be guided through the ordering process, where he/she can enter all relevant data for the order. Before submitting the order, the customer can change and view the data at any time. Information on data protection, returns and general terms and conditions can also be viewed as an additional link and are accepted with a tick. By clicking the "Buy now" button, the customer submits a binding request to purchase the goods in the shopping basket. The customer will then receive an automatically generated order confirmation in the form of an e-mail.
The contract language is English and German.
4 Payment and prices
Payment can be made via Paypal, credit card or SOFORT bank transfer. The prices are VAT-exempt according to the small business regulation § 6 Abs. 1 Z 27 UStG. Shipping is added to the check-out process.
5 Subject matter of the contract
The subject of the contract are the goods ordered and paid for by the customer.
6. quality, delivery and availability of the goods
The quality and dimensions of the goods offered are shown in the description and the pictures in the webshop. Errors and omissions regarding the availability of goods are excepted. The webshop orders are collected and distributed together every fortnight at the latest.
If the product designated by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this without delay. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, the supplier is also entitled to withdraw from the contract. In this case, he will immediately refund any payments already made by the customer.
7. delivery and shipping costs
The delivery time is up to 10 working days, for possible deviating delivery times of DPD we assume no liability. The shipping costs are broken down as follows:
Shipping within Austria: € 3,50,-
Shipping Rest of Europe: € 5,50,-
From € 100,- order value the shipping costs will be paid by the seller.
8. right of return / right of revocation / right of withdrawal
In the event of a defective product, we will refund the purchase price and pay the return shipping costs.
In the following cases, we will only refund the purchase price, but not shipping or return costs:
- Entering the wrong address when placing an order
- Failure to collect the parcel from the post office / parcel shop on time
Return shipment due to wrong address or not picking up at the parcel shop in due time costs 5.90€ (DE&AUT), 16.00€ to 21.00€ (EU). These costs must be borne by the customer, as we cannot accept any liability for third-party fault.
In all cases, please contact us at email@example.com.
The customer is entitled to a statutory right of liability for defects for the services offered.
11. right of withdrawal
As a consumer, the customer has a statutory right of withdrawal:
Right of withdrawal
The customer has the right to revoke this contract within 14 days without giving reasons.
The withdrawal period is 14 days from the date,
(1) In the case of a contract of sale:
... on which the customer or a third party named by him who is not the carrier has taken possession of the goods.
(2) In the case of a contract for several goods which the consumer has ordered as part of a single order and which are delivered separately:
... on which the customer or a third party named by him who is not the carrier has taken possession of the last goods.
(3) In the case of a contract for the delivery of goods in several partial consignments or pieces:
... on which the customer or a third party named by him who is not the carrier has taken possession of the last partial consignment or the last item.
(4) In the case of a contract for the regular delivery of goods over a fixed period of time:
... on which the customer or a third party named by him who is not the carrier has taken possession of the first goods.
If several alternatives coincide, the last point in time shall be decisive.
In order to exercise the right of withdrawal, the customer must inform us of his/her decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). The attached model withdrawal form can be used for this purpose, but this is not mandatory.
In order to comply with the withdrawal period, it is sufficient that the notification of the exercise of the right of withdrawal is sent before the expiry of the withdrawal period.
Consequences of revocation
If the Customer cancels this contract, By Simone Stocker shall reimburse the Customer for all payments received by the Entrepreneur from the Customer, including delivery costs (with the exception of additional costs resulting from the fact that the Customer has chosen a type of delivery other than the inexpensive standard delivery offered by By Simone Stocker ), without undue delay and at the latest within 14 days from the day on which the notification of the Customer's cancellation of this contract was received. For this repayment, the Entrepreneur shall use the same means of payment that was used for the original transaction, unless expressly agreed otherwise with the Customer; in no case shall the Customer be charged any fees for this repayment. By Simone Stocker may refuse repayment until it has received the goods back or until the Customer has provided proof that he has returned the goods, whichever is the earlier.
" Exception to the right of withdrawal (right of cancellation)
The consumer has no right of withdrawal (right of cancellation) for the delivery of digital content not stored on a physical data carrier if the trader - with the express consent of the consumer, combined with the consumer's knowledge of the loss of the right of withdrawal (right of cancellation) in the event of premature commencement with the performance of the contract and after providing a copy or confirmation in accordance with section 7(3) FAGG - has commenced with the delivery before the expiry of the otherwise existing withdrawal period.
Pursuant to section 7(3) FAGG, the consumer shall be provided with a confirmation of the concluded contract on a durable medium (e.g. e-mail) together with the information specified in section 4(1) FAGG within a reasonable period of time after the conclusion of the contract, but at the latest before the commencement of the performance of the service, unless this information has already been provided on a durable medium. The confirmation of the contract shall in any case contain a confirmation of the consent to the immediate performance of the service and the consumer's acknowledgement of the thereby effected lapse of the right of withdrawal (right of cancellation)."
The Customer must return the goods without delay and in any case no later than 14 days from the day on which he notifies the Entrepreneur of the revocation of this contract to
to return or hand over the goods. The deadline is met if the customer sends the goods before the expiry of the period of 14 days.
The customer shall bear the direct costs of returning the goods.
He only has to pay for any loss in value of the goods if this loss in value is due to the handling of the goods which is not necessary for the inspection of the quality, characteristics and functioning of the goods.
End of the cancellation policy
Sample cancellation form
(If you want to cancel the contract, please fill in this form and send it back to us).
To Simone Stocker
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):
Ordered on (*)/received on (*)
Name and address of the consumer(s)
Signature of the consumer(s) (only in the case of notification on paper)
(*) Delete as applicable
According to § 312 g paragraph 2 BGB the right of withdrawal expires prematurely:
No. 3) Contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
9. retention of title
The delivered goods remain the property of the seller until full payment has been made.
10 Liability and final provisions
Contracts between the seller and the customer shall be governed by Austrian law. The seller accepts no liability for damage caused by the transport company.
11. severability clause
Should any provision of these GTC be invalid, the statutory provisions shall apply instead of the invalid provision. The legal validity of all other provisions shall in any case not be affected thereby.
Status: September 2021