General Terms and Conditions (GTC)
These are the General Terms and Conditions (GTCs)
of Brevillier Urban & Sachs GmbH & Co KG (hereinafter referred to as “Supplier”) that apply within the context of purchase contracts concluded using the platform www.jolly-shop.at or www.jollyshop.at between Supplier and the customer referred to in § 2 of the contract (hereinafter referred to as “Customer”).
§1 Scope, Definitions
(1) Only the General Terms and Conditions below in the version applicable at the time the order was placed shall apply to the business relations between Supplier and Customer. Deviating terms and conditions of the buyer shall not be accepted, unless Supplier explicitly consents to their applicability in writing.
(2) Customers are consumers, unless the purpose of the deliveries and services ordered can be attributed to their commercial or self-employed professional activities. Entrepreneurs, on the other hand, are any natural persons, legal entities or partnerships with legal capacity exercising commercial or self-employed professional activities when concluding the contract.
§2 Contract Conclusion
(1) Customer may select products from Supplier’s portfolio, in particular customised school supplies, and deposit them in a so-called shopping cart using the button “add to shopping cart” [in den Warenkorb legen]. By using the button “submit order” [kostenpflichtig bestellen], Customer issues a binding purchase order of the goods added to the shopping cart. Before sending an order, Customer is able to modify and view the ordering details at any time. However, an order can only be submitted and forwarded if Customer accepts the present contractual terms by clicking the button “accept GTC and data privacy agreement” [AGB und Datenschutzvereinbarung akzeptieren], thus incorporating them into the order. By submitting the order, Customer declares and warrants not to submit any “reprehensible” message for customised printing on the products. “Reprehensible” means in particular impolite, libellous, abusive, pornographic, sexually explicit or objectionable, discriminating or defamatory.
(2) Supplier shall then send to Customer an automated e-mail confirming receipt and summarising the Customer’s order which Customer may print out using the “print” [drucken] function. This confirmation of receipt documents that Supplier has received and accepted the Customer’s order.
§3 Delivery, Product Availability
(1) If the product indicated in the Customer’s order is just temporarily unavailable, Supplier shall inform Customer accordingly in the confirmation of receipt. In case delivery is delayed for more than two weeks, Customer shall be entitled to rescind the contract. Besides, Supplier shall also be entitled to withdraw from the contract in this case. Supplier shall then immediately refund any payments already made by Customer.
(2) As regards all standard products offered in the web shop, with the exception of customised and/or personalised school supplies, Supplier shall endeavour to deliver to Customer within 2 weeks after acceptance of the contract. However, a 4-week delivery deadline shall be agreed, with Customer being informed by Supplier accordingly, if the 2-week deadline is exceeded. As the products explicitly listed above are customised items, delivery times may differ. Supplier shall deliver these items to Customer within 8 weeks after contract acceptance. If, due to the multi-stage production process, a delay occurs and these 8 weeks are exceeded, Supplier shall inform Customer accordingly in due time.
(3) The minimum order value is € 9 net, while the maximum order value for this online shop is € 500 net.
§4 Prices and Shipping Costs
(1) All prices shown on Supplier’s website include packaging costs and statutory value-added tax at the applicable rate.
(2) The corresponding shipping costs are communicated to Customer on the order form and shall be borne by Customer.
(3) Import or export charges arising for shipping outside the EU, such as customs duties, fees and taxes, shall be borne by Customer at all times.
(4) The goods shall be sent via postal dispatch. The delivery address shall only be accepted if the country of destination is included on the Internet list prepared by Supplier. Risk and hazard shall vest in Customer upon delivery of the goods to the dispatcher (postal service, delivery service, forwarding agents, carrier etc.).
(5) The place of performance shall be Vienna
§5 Terms of payment
(1) Customer may make payments via credit card, PayPal and SOFORT Banking.
(2) If a credit card is used, only payments by valid Visa and/or Mastercard shall be accepted. Any banking charges shall be borne by Customer.
§6 Retention of Title
The goods delivered shall remain the property of Supplier until they are fully paid.
§7 Material Defects Warranty, Guarantee
(1) Supplier shall be liable for material defects in compliance with the applicable legislation, in particular with sections 922 et seq. ABGB [Civil Code]. With regard to businesses, the warranty period for items delivered by Supplier shall be 12 months.
(2) A guarantee for goods delivered by Supplier shall be granted only if explicitly mentioned in the order confirmation provided for the item in question.
(1) Any claims for damages on the part of Customer shall be excluded. This shall not apply to Customer’s claims for damages resulting from injury of life, limb or health or from breach of essential contractual obligations (cardinal obligations) as well as to liability for other losses based on intentional or grossly negligent breach of duties on the part of Supplier, its legal representatives or agents. Essential contractual obligations are those that must be met in order to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, Supplier shall only be liable for foreseeable losses typical of the contract if caused by simple negligence, unless Customer is entitled to claims for damages from an injury to life, limb or health.
(3) The restrictions provided in paragraphs 1 and 2 shall also apply with respect to legal representatives and agents of Supplier if any claims are asserted directly against them.
(4) The provisions of the product liability act shall remain unaffected.
§9 Exclusion of Rescission
(1) Right of Rescission
A consumer may withdraw from the contract concluded within 7 business days. Saturdays shall not be considered business days. To consumers from Germany, we shall grant a statutory right of rescission of 14 days. The period granted for rescission shall commence upon the consumer’s receipt of the goods. For such period to be deemed observed it shall suffice that the declaration of withdrawal was dispatched within said period.
(2) Exclusion of Rescission
The right of rescission shall lapse if the packaging of the products was opened and the latter were treated in such a manner that they cannot be sold any more, for reasons of resale value in particular. Moreover, the right of rescission shall not apply in the event of delivery of goods manufactured according to specifications provided by the contractual partner (customised, personalised or tailor-made products). For that purpose, tailor-made products shall include all items supplied with individual and/or customised printing.
(3) Consequences of rescission
In case of effective rescission, the contractual performance mutually received shall be returned and any benefits gained therefrom (e.g. interest) surrendered. If you cannot return the services received in full or in part or can only do so in an impaired condition, you shall be obliged to compensate us for the corresponding value. This shall not apply to products handed over if the impairment of the product was caused by its examination only – as it would have been performed in a shop. No compensation shall be required for impairment resulting from proper use of the product.
Goods suitable for being dispatched in a package shall be returned at our risk. You shall bear the costs of reshipment if the delivered goods correspond to the ones ordered and if the price of the object to be returned does not exceed an amount of EUR 40, or if, in case of any higher price, you have not yet effected compensation or any contractually agreed partial payment. Otherwise, reshipment shall be without costs for you. Goods that are not suitable to be dispatched in packages shall be collected from you. Any obligations to make payments must be fulfilled within 30 days. For you, this deadline shall commence upon your dispatching a rescission notice or the goods themselves, for us upon their receipt.
§10 Notes on Data Processing
(1) Supplier shall collect Customer data within the context of order processing. In the process, Supplier shall observe the provisions of the Data Protection Act and Teleservices Data Protection Act. Supplier shall collect, process or use master and usage data without Customer’s consent only to the extent required for processing the contractual relationship as well as using and invoicing teleservices.
(2) Supplier shall not use Customer data for purposes of advertising, market or opinion research without obtaining Customer’s consent.
§11 Final Provisions
(1) Contracts between Supplier and Customer shall be governed by the law of the Republic of Austria excluding the UN Convention on Contracts for the International Sale of Goods.
(2) If Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between Customer and Supplier shall be Vienna.
(3) Even in case of the legal invalidity of individual items, the remaining parts of the contract shall remain binding.
© 2014 Copyright by Brevillier Urban & Sachs GmbH & Co KG, Am Anger 1, 7024 Hirm, Vienna