Terms and Conditions (GTC)
§ 1 Scope
For the business relationship between top-shops e.U. and the purchaser are exclusively subject to the following terms and conditions in their version valid at the time of the order. The purchaser agrees that in case of the use of terms and conditions by him in case of doubt our conditions shall be assumed, even if the conditions of the purchaser remain uncontested. In this respect, performance of our performance on the part of the contract shall not be deemed approval of terms and conditions deviating from our terms and conditions. However, if ambiguities remain in the interpretation of the contract, these must be eliminated in such a way that the contents agreed upon are usually agreed in comparable cases. The contractual conditions become part of this contract.
§ 2 Conclusion of contract
Our offers are non-binding. Your order represents an offer to us to conclude a purchase contract. A purchase contract is only concluded when we ship the ordered product to you. There are no sales contracts for products from one and the same order which are not shipped. Contracting party is top-shops e.U. The customer agrees that invoices to him also be created and transmitted electronically. top shops e.U. does not offer products for sale by minors. Even our children's products can only be bought by adults.
§ 3 Right of revocation, exclusion of revocation, revocation instruction
Buyers who are consumers within the meaning of the Consumer Protection Act can withdraw from a contract concluded by distance selling (or a contract declaration issued at a distance) within a period of 14 calendar days from receipt of the delivery of the ordered goods. It is sufficient if the resignation is sent within the deadline without giving reasons, Saturdays do not count as working days. In the case of withdrawal, a total or partial refund of the purchase price will take place only step by step, against deferment of the goods received by the customer. The costs of the return are at the expense of the customer. Pre-paid shipping costs are excluded from any refund. The goods should be returned in unused and as new resaleable condition and in the original packaging. For articles that are affected by signs of wear and tear, unless they have been caused by use as intended, we will charge an appropriate fee for the impairment. The same applies if the return of the goods accessories or parts missing. The costs of the return are at the expense of the customer. If the goods are returned unfree, we are entitled to withhold or invoice a corresponding amount. The same applies if the return of the goods accessories or parts missing. The costs of the return are at the expense of the customer. If the goods are returned unfree, we are entitled to withhold or invoice a corresponding amount.
The revocation by returning the goods must be sent to:
top shops e.U. Steyrer Straße 11 4493 Wolfern
The revocation can be made by e-mail under: [email protected]
Returns: In the case of an effective cancellation, the mutually received benefits must be returned. If you can not give us back the service received in whole or in part or only in a deteriorated condition, you may have to pay us compensation. Incidentally, you can avoid the obligation to pay compensation for a deterioration of the thing, as a result of proper use of the thing (ie putting into use only for the purpose for which the particular product is intended and intended) by not doing the thing as your property use and refrain from anything that affects their value.
You have to bear the cost of returning. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation or the thing, for us with their receipt.
The right of withdrawal does not exist in the case of distance contracts for the supply of goods that are manufactured according to customer specifications or are clearly tailored to personal needs or that are not suitable for return due to their nature or can quickly spoil or whose expiration date would be exceeded, for the supply of audio or video recordings or software, provided that the delivered data carriers have been unsealed by the consumer or for the delivery of newspapers and magazines.
§ 4 delivery
In the absence of an express agreement to the contrary, the costs and the risk of transport for deliveries shall be borne by our contractual partner. Unless otherwise agreed, delivery is made from the warehouse of top-shops e.U. to the delivery address specified by the customer. On the website you will find information on the availability of products sold directly by the shoe-tattoo (for example on the respective product detail page). We point out that all information on the availability, shipping or delivery of a product is merely an estimate and approximate guide values. They do not constitute binding or guaranteed delivery or delivery dates, unless this is expressly designated as the binding date for the shipping options of the respective product. If top-shops e.U. while processing your order determines that products ordered by you are not available, you will be informed separately by e-mail. If top-shops e.U. is not able to deliver the ordered goods without own fault, because the supplier of the shoe-tattoo does not fulfill its contractual obligations, the shoe-tattoo is entitled to the orderer to resign. In this case, the purchaser will be informed immediately that the ordered product is not available. The legal rights of the customer remain unaffected. In any case, the purchaser has to accept slight overruns of delivery without the customer being entitled to a claim for damages or the right of withdrawal. As far as a delivery to the customer is not possible because the delivered goods do not fit through the front door, front door or the staircase of the customer or because the purchaser is not found under the delivery address specified by him or is otherwise in default of acceptance, the purchaser bears the Cost of the unsuccessful delivery. Furthermore, we are entitled to either store the goods with us, for which we charge a storage fee of € 5.00 per commenced calendar day and at the same time insist on fulfillment of the contract or withdraw from the contract after setting a reasonable grace period and otherwise exploit the goods.
§ 5 One-sided changes in performance O
bjectively justified and minor changes that do not affect the price, can be made on our part. This applies in particular to such delivery time overruns. We will then, if the actual deadline is estimable, but no later than one week before the originally agreed delivery date, announce how long a delay is expected.
§ 6 Due date and payment, default interest
The customer undertakes to pay in full for the purchase price already at the conclusion of the contract without any deduction and free of charge. The payment is considered to have been made on time if the amount was received on the due date or credited to our account. The buyer can pay the purchase price by credit card, paypal or prepayment. Even if the customer is in default of payment, we are entitled to charge default interest at a rate of 8% above the base rate annually, which does not affect claims for compensation for proven higher interest rates.
§ 7 offsetting, retention
The purchaser only has the right to offset if his counterclaims have been legally established or are undisputed by the shoe-tattoo. Furthermore, he is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
§ 8 price
All prices include applicable VAT. It is expressly agreed that the value of the claim, including ancillary claims, is stable. As a measure of the calculation of the value stability is used by the Austrian Central Statistics Office monthly published consumer price index. The reference index used for this contract is the index number calculated for the month in which the contract was concluded. Fluctuations in the index number upwards or downwards to only 0.5% are not taken into account and will only be charged in full when this margin is exceeded. This margin shall be recalculated up or down each time it is exceeded, whereby the first index number outside the prevailing margin shall always form the basis both for the recalculation of the claim amount and for the calculation of the new margin. The resulting amounts shall be rounded off to one decimal place. In the case of a consumer business, no price changes will be made during the first two months of the contract unless explicitly negotiated.
§ 9 Retention of title
The delivered goods remain the property of the shoe-tattoo until full payment of the purchase price and all costs and expenses. In the case of even partial default of payment, the buyer agrees already now that we can pick up the goods at his expense at any time. In case of default, we are entitled to assert our rights under the retention of title. It is agreed that the assertion of the reservation of title does not constitute a withdrawal from the contract, unless we expressly declare the withdrawal from the contract.
§ 10 Place of performance
Place of performance is both for our service and the consideration:
Steyrer Straße 11
4493 Wolfern, Austria
§ 11 Warranty and damages
Apart from those cases in which the right to conversion exists by law, we reserve the right to fulfill the warranty claim of our choice through improvement, replacement or price reduction. The assignment of these claims of the purchaser is excluded. The transferee must always prove that the defect was already present at the time of transfer. The goods must be inspected immediately after delivery. Any defects found shall be notified to the seller immediately as well, but no later than within 3 days of delivery, stating the nature and extent of the defect. Hidden defects must be reported immediately after their discovery. If a complaint is not made or not collected in time, the goods are considered as approved. The assertion of warranty claims or claims for damages as well as the right to appeal for errors due to defects are excluded in these cases. The warranty period is twenty-four months from delivery. If top-shops e.U. gross negligence violates a contractual obligation, the liability for damages for property damage is limited to the typical damage. A claim for damages for slight negligence, apart from personal injury, is excluded. For a subsequent performance in the way of replacement, the buyer has to return the defective goods. The return of the defective goods must be made in accordance with the statutory provisions. the shoe-tattoo reserves the right to claim damages under the legally regulated conditions. Unless otherwise stated above, further claims of the purchaser - for whatever legal reasons - are excluded. the shoe-tattoo is therefore not liable for damages that did not occur on the delivery item itself; in particular, top-shops is not liable for lost profits or other financial losses of the customer. Insofar as the contractual liability of top-shops is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents. The recourse claim acc. § 933b ABGB is excluded.
§ 12 Product liability
Any recourse claims, the contracting parties or third parties from the title "product liability" iSd PHG directed against us, are excluded, unless the person entitled to recourse proves that the fault has been caused in our sphere and at least grossly negligent.
The contracting party waives the possibility of offsetting. However, this shall not apply to consumers in the event of our insolvency and counterclaims that are in legal context with our claims, judicially determined or recognized by us. In these cases, consumers have the option of offsetting.
§ 14 prohibition of refusal and prohibition of retention
Justified complaints do not entitle to the retention of the entire, but only a reasonable part of the invoice amount. discover or enable third parties to carry out technical, logistical or other services on our behalf.
§ 15 Grant, customer blog
If the user decides to write a message in the shoe-tattoo customer blog, he grants top-shops e.U. a license that is unlimited in time and place for the duration of the underlying right and for the exclusive use of this customer message for any purpose online or offline. top shops e.U. will endeavor to always designate the author as the author (unless the author has indicated that he wishes to remain anonymous), but reserves the right to shorten or omit this information. the shoe-tattoo reserves the right not to display a blog entry on the website or to shorten or change it for a limited period of time. In addition, the blog guidelines apply. Customer blog entries only reflect the opinion of the customers. The contents are in line with the opinion of top-shops e.U. not necessarily match.
§ 16 collection, processing and use of personal information of our customers
Information that we receive from you helps us to customize your shopping experience at the shoe-tattoo and to constantly improve it. We use this information for the processing of orders, the delivery of goods and the provision of services as well as the processing of the payment. We also use your information to communicate with you about orders, products, services, and marketing offerings, as well as to update our records and maintain and maintain your customer accounts with us. For example, you can map customer log entries and recommend products or services that may interest you. We also use your information to improve our platform, to prevent or detect misuse of our website, or to allow third parties to carry out technical, logistical or other services on our behalf.
§ 17 formalities
All agreements, subsequent changes, additions, ancillary agreements, etc., must be in writing in order to be legally effective, including the original signature or the secure electronic signature.
§ 18 Applicable law
Austrian law applies excluding the UN sales law.
§ 19 Jurisdiction agreement
For the resolution of all disputes arising from this contract, the competent court at the registered office of our company has local jurisdiction. However, we have the right to sue at the general place of jurisdiction of the contracting party. Anyone who has his domicile, habitual residence or place of employment in Austria for any claim arising out of disputes arising out of this contract shall have jurisdiction over any of the courts in whose jurisdiction the consumer has his domicile, habitual residence or place of employment. For consumers who are not resident in Austria at the time of the conclusion of the contract, the legal jurisdictions apply.