Terms of service
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Special conditions for the processing of goods according to certain specifications of the customer
9. Redemption of action vouchers
10. Applicable law
12. Alternative dispute resolution
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Liana Glendy Poschusta E.U. (Hereinafter "seller"), apply to all contracts for the delivery of goods that concludes a consumer or entrepreneur (hereinafter referred to as "customer") with the seller regarding the goods presented by the seller in his online shop. This contradicts the inclusion of own terms of the customer, unless there is something else agreed.
1.2 Consumers within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes, which can be borne predominantly neither their commercial nor their independent professional activity. Entrepreneurs within the meaning of these Terms and Conditions is a natural or legal person or a legal partnership, which is the conclusion of a legal transaction in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not constitute binding offers from the seller, but serve to submit a binding offer by the customer.
2.2 The customer can deliver the offer via the online order form integrated into the seller's online shop. The customer gives the customer after the selected goods in the virtual shopping cart and has passed through the electronic order process, by clicking on the ordering process of the order process buttons a legally binding contract offer in relation to the goods contained in the shopping cart.
2.3 The seller can accept the customer's offer within five days,
- by transmitting the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation at the customer is decisive, or
- by providing the ordered goods to the customer, whereby the receipt of the goods at the customer is significant, or
- by prompting the customer for payment to the customer after submitting their order.
If several of the aforementioned alternatives are present, the contract comes about at the time when one of the aforementioned alternatives first occurs. The deadline for accepting the offer begins to run through the customer on the day after sending the offer by the customer and ends with the expiration of the fifth day following the dispatch of the offer. If the seller does not accept the offer of the customer within a preconused period, this is the rejection of the offer with the result that the customer is no longer bound to his declaration of intent.
2.5 When submitting an offer via the seller's online order form, the contract text is stored by the seller after the conclusion of the contract and sent to the customer after dispatch of its order in writing (eg e-mail, fax or letter). An extra accessibility of the contract text by the seller is not. If the customer has set up a user account in the seller's online shop before sending his order, the order data is archived on the seller's website and can be accessed from the customer via its password-protected user account, stating the corresponding login data for free.
2.6 Before binding submission of the order via the seller's online order form, the customer can recognize possible input errors by attentive reading the information displayed on the screen. An effective technical means for better detection of input errors can be the magnification function of the browser, with the help of which the display is enlarged on the screen. His entries can correct the customer as long as the usual keyboard and mouse functions as long as the customer can be corrected until it clicks the order process.
2.7 The German language is available for the conclusion of the contract.
2.8 The order processing and contact will usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him is applicable to the order processing, so that the e-mail sent by the seller can be received. In particular, in the use of spam filters, the customer must ensure that all third parties sent by the seller or by the order processing can be sent by e-mail.
3) Right of withdrawal
3.1 Consumers are basically a right of withdrawal.
3.2 Further information on the right of withdrawal arise from the revocation of the seller.
4) Prices and terms of payment
4.1 Unless otherwise stated from the product description of the seller, the prices specified are total prices included in the statutory VAT. If necessary, additional delivery and shipping costs are specified separately in the respective product description.
4.2 The payment option / EN will / will be communicated to the customer in the seller's online shop.
4.3 If the payment method "Immediate" is selected, the payment processing takes place via the payment service provider immediately GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "immediately"). In order to pay the invoice amount via "immediately", the customer must have a online banking account for participation in "immediately", legitimize in accordance with the payment transaction and confirm the payment assignment to "immediately". The payment transaction is carried out immediately afterwards by "immediately" and the customer's bank account is charged. Further information on the payment method "Instant" can retrieve the customer on the Internet at https://www.klarna.com/sofort/.
4.4 When selecting a payment method offered via the payment service "Shopify Payments", the payment method is made via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The payment methods offered via shopify payments are communicated to the customer in the seller's online shop. For the settlement of payments, stripe can serve further payment services, for which, if necessary, special terms of payment apply, to which the customer will possibly be pointed out separately. Further information about "Shopify Payments" are available on the Internet at https://www.shopify.com/legal/terms-payment-de.
4.5 When selecting the payment method Direct debit via Stripe, the payment processing is made via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). In this case, Stripe attracts the invoice amount after issuing a SEPA direct debit mandate, but not before the deadline for the preliminary information on behalf of the seller of the customer's bank account. Preliminary information ("pre-notification") is each communication (e.g., bill, policy, contract) to the customer, which announces a burden by SEPA direct debit. If the direct debit is not redeemed in the absence of sufficient account coverage or due to the indication of a false bank account or contradicts the customer of debit, although not entitled to do so, the customer shall bear the fees incurred by the addition of the respective credit institution if he has to represent this . The seller reserves the right to carry out a credit check for selection of the payment method SEPA direct debit and to reject this method of payment in the negative credit check.
4.6 When selecting the payment method Credit card Via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment processing takes place via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to carry out a credit check and reject this payment method with a negative credit check.
5) Delivery and shipping conditions
5.1 The delivery of goods takes place on the shipping point to the delivery address specified by the customer, unless otherwise agreed. When handling the transaction, the delivery address specified in order processing of the seller is decisive.
5.2 If the delivery of the goods fails for reasons which the customer has to represent, the customer bears the reasonable costs arising from the seller. This does not apply with regard to the costs of the inclusion if the customer effectively exercises his right of withdrawal. For the return costs, with the effective exercise of the right of withdrawal by the customer, the regulation made in the cancellation policy of the seller applies.
5.3 Pickup is not possible for logistical reasons.
6) Retention of title
If the seller enters in advance, he reserves the ownership of the delivered goods until full payment of the purchased purchase price.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of the legal defect liability apply.
7.2 If the customer acts as a consumer, he is asked to complain for delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. If the customer does not comply with that, this has no impact on his statutory or contractual claims for defects.
8) Special conditions for the processing of goods according to certain specifications of the customer
8.1 According to the content of the contract, the seller also owes the processing of the goods according to certain specifications of the customer, the customer has the seller to the seller all content required for processing such as texts, images or graphics in the file formats specified by the seller, formatting, image - and to provide file sizes and give it the necessary rights of use. The customer is responsible for the procurement and the rights acquisition at this content. The customer explains and assumes the responsibility for he owns the right to use the content of the seller. In particular, he shall ensure that thereby no rights of third parties are violated, in particular copyright, brand and personality rights.
8.2 The customer releases the seller of third-party claims, which can assert them in connection with a violation of their rights by the contractual use of the content of the customer by the seller to this. The customer also takes over the reasonable costs of the necessary legal defense, including all court and legal expenses at a statutory amount. This does not apply if the infringement is not responsible by the customer. The customer is obliged to provide the seller immediately, truthfully and fully all information required by third parties, which are necessary for the examination of claims and defense.
8.3 The seller reserves the right to refuse processing orders if the content lending by the customer violates statutory or official prohibitions or against the good manners. This applies in particular to the provision of constitutional, racist, xenophobic, discriminatory, insulting, youth of dangerous and / or violence glorifying content.
9) Redemption of action vouchers
9.1 Vouchers, which are issued free of charge by the seller in the context of promotions with a certain period of validity and which can not be purchased by the customer (subsequently "action vouchers"), can only be redeemed in the seller's online shop and only in the specified period.
9.2 Individual products may be excluded from the voucher action, provided that a corresponding limitation results from the content of the action voucher.
9.3 Action vouchers can only be redeemed before the end of the order process. A subsequent offsetting is not possible.
9.4 per order can only be redeemed only one action voucher.
9.5 The value of goods must comply with at least the amount of the promotional voucher. Any remaining balance will not be reimbursed by the seller.
9.6 If the value of the action voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference amount.
9.7 The credit balance of a promotional voucher is not paid in cash or interest.
9.8 The promotion voucher will not be reimbursed if the customer returns the goods paid by the action voucher in whole or partially paid goods within the framework of his statutory right of withdrawal law.
9.9 The action voucher is transferable. The seller can afford with liberating effect on the respective owner who lets the promotion voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of non-authorization, incapacity or the lack of representative authorization of the respective owner.
10) Applicable law
For all legal relationships of the parties, the law of the Republic of Austria applies to the exclusion of the laws on international buying goods. For consumers, this choice of law is only in this respect, as not the protection provided by compelling provisions of the law of the state in which the consumer has its habitual residence, is deprived.
If the customer acts as a merchant, legal entity of public law or public-law special assets based in the territory of the territory of the Republic of Austria, the exclusive place of jurisdiction is for all disputes arising from this contract of the Seller's office. If the customer has its headquarters outside the territory of the Republic of Austria, the Seller's area of directors is exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims can be attributed to the contract of the professional or commercial activity of the customer. However, the seller is in any case entitled to call the court at the center of the customer.
12) Alternative dispute resolution
12.1 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 extrajudicial settlement of disputes arising from online purchase or service contracts involving a consumer.
12.2 The seller is neither obliged to participate in a dispute resolution procedure before a consumer estimate body.