GENERAL TERMS AND CONDITIONS
of the company CITY-ANTIK Oliver HUNTER 1010 Vienna
concerning online purchase (e-commerce laws)
- These terms and conditions of the company City-Antik Oliver Hunter (‘Seller’ or ‘City-Antik’) apply to all contracts that the customer concludes with the seller via the Internet trading platform eBay (‘eBay’) or via the seller’s online store: www.city-antik.at.
- Upon conclusion of the contract, the customer accepts these general terms and conditions as part of the contract. Via eBay, the conclusion of the contract takes place according to §§ 10 and 11 of the General Terms and Conditions of eBay for the use of the German-language eBay Internet pages
( see: http://pages.ebay.de/help/policies/user-agreement.html ).
Via the online store of the seller, the contract is concluded by confirmation of the seller to an offer of the customer, which the customer has submitted by fax, by e-mail or via the online order form.
- The customer can correct his entries before submitting his order for eBay purchases with the technical means provided by eBay. The correction can be made by means of usual keyboard and mouse functions on the offer page in the corresponding input fields. After clicking the ‘buy now’ or ‘bid’ or ‘suggest price’ button, the customer can check his entries again on the subsequent confirmation page.
- When ordering in the online store, the customer can correct all entries using the usual keyboard and mouse functions before submitting the binding order. All information is displayed in a confirmation window before the order is bindingly placed and can be corrected there using the keyboard and mouse.
- On eBay, the seller’s listing page is stored and can be viewed by the customer via their customer account on eBay for up to 60 days after the purchase date. The customer can print the offer page using the print function.
- Return shipping costs when exercising the right of withdrawal: If the customer has a right of withdrawal according to § 312d para. 1 sentence 1 BGB (German Civil Code), the customer shall bear the regular costs of the return shipment when exercising the right of revocation if the price of the item to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the item, the customer has not yet provided the consideration or a partial payment at the time of revocation, unless the delivered goods do not correspond to the ordered goods. In all other cases, the seller bears the cost of return.
- Delivery, shipping, default of acceptance, transfer of risk: Delivery is usually made by shipping within one week after receipt of payment to the address specified by the customer. If the delivery to this address is not possible, the assigned transport company will return the goods to the seller. In this case, the customer shall bear the costs for the unsuccessful delivery. This does not apply if the customer is not responsible for the unsuccessful delivery attempt or if he thereby exercises his right of withdrawal.
- The risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer upon handover to the customer or a person authorized to receive the goods. This applies if the customer is a consumer. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration in the case of sale by shipment shall pass to the customer upon delivery of the goods at the seller’s place of business to a suitable transport person.
- Retention of title: The delivered goods remain the property of the seller until full payment.
- Prices in the web store: The prices for deliveries and services of the company City-Antik are awarded in the respective web store. The information given there, as well as in other price lists, catalogs and Internet pages, is always subject to change, i.e. the right to change the information contained therein at any time is expressly reserved. Unless otherwise agreed, the prices stated at the time of sending the order shall apply. All price quotations are to be understood as gross prices including the statutory value-added tax plus all expenses arising from the shipment and shown separately. The specific prices, costs and expenses are marked in the respective web store. The currency is Euro (EUR).
- Terms of payment: Unless otherwise agreed, payments for services and deliveries are due without deduction upon receipt of the invoice. The customer shall provide all declarations required for payment processing and repeat them upon request. Data of the customer will only be requested for the execution of the contract, will not be used for any other purpose than for the execution of the specific order and thereafter stored at the company City-Antik only as long as this is necessary for billing and settlement, taking into account legal retention periods. During the transmission of credit card data, an encrypted transmission corresponding to the current state of the art is made possible (SSL encryption).
- The customer is only entitled to offset if the counterclaim is undisputed, legally established or recognized by the seller. The customer may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
- For consumers, the limitation period for claims based on defects shall be two years from delivery of the goods to the customer in the case of new goods and one year from delivery of the goods to the customer in the case of used goods. If the customer is a consumer, he/she is requested to complain about delivered goods with obvious transport damages to the deliverer and to inform the seller about this. If the customer does not comply with this, this shall have no effect on his statutory or contractual claims for defects. For defects asserted in time, the customer can demand supplementary performance or replacement, unless the supplementary performance or replacement is impossible or would involve a disproportionately high effort for the company City-Antik. In this case, the customer may demand an appropriate reduction of the remuneration or the cancellation of the contract. The same applies if City-Antik does not carry out the improvement or replacement or does not do so within a reasonable period of time, or if this would be associated with considerable inconvenience for the customer, or if this is unreasonable for the customer for valid reasons lying with City-Antik.
- For entrepreneurs, an insignificant defect in new goods generally does not justify any claims for defects and the seller has the choice of the type of subsequent performance. In the case of new goods, the limitation period for defects vis-à-vis entrepreneurs is one year from the transfer of risk; in the case of used goods, claims based on defects are generally excluded. If the customer is a merchant, he shall be subject to the commercial obligation to examine the goods and to give notice of defects. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.
- The Seller shall be liable for any legal reason without limitation in case of injury to life, body or health, in case of intent or gross negligence, in case of fraudulent intent and warranty promises and if the liability is based on mandatory statutory provisions, such as the Product Liability Act.
- The legal relations of the parties shall be governed by the laws of the Republic of Austria, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
- If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller’s place of business. The same shall apply if the customer does not have a general place of jurisdiction in Austria or the EU or if the customer’s place of residence or habitual abode is unknown at the time the action is brought. This shall not affect the right to bring an action before the court at another statutory place of jurisdiction.
- The contract language is German.
Cancellation policy for the delivery of goods of the online store www.city-antik.at
You can cancel your contract within 14 days without giving reasons in writing (eg letter, fax, e-mail) or – if the goods before the deadline – by returning the goods. The time limit begins after receipt of this notification in writing, but not before receipt of the goods by the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also does not fulfill our obligations under Article 246 § 2 in conjunction with § 1 paragraph. 1 and 2 EGBGB as well as our obligations pursuant to § 312e para. 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation or the item is sufficient to comply with the revocation period. The revocation is to be addressed to:
City-Antik Oliver Hunter
1010 Vienna Austria
Fax: +43 (0)1 5136809
E-mail address: email@example.com
Consequences of revocation
In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered.
If you are unable to return the goods received in whole or in part or only in a deteriorated condition, you may be required to compensate us for the loss of value. This does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection – as it would have been possible for you in a store, for example. In addition, you can avoid the obligation to pay compensation for the deterioration of the goods caused by the intended use by not using the goods as if they were your property and refrain from doing anything that could reduce their value.
Items that can be shipped by parcel are to be returned at our risk. You have to bear the cost of return if the delivered goods ordered and if the price returned the case of an amount not exceeding 40 euros or if you are at a higher price the thing at the time of the revocation yet the return or a contractually agreed partial payment. Otherwise, the return is free of charge for you. Items that cannot be shipped by parcel will be picked up from you.
Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation or the goods, for us with their receipt.
Costs of return shipment in case of revocation
You have to bear the cost of return if the delivered goods ordered and if the price returned the case of an amount not exceeding 40 euros or if you are at a higher price the thing at the time of the revocation yet the return or a contractually agreed partial payment. Otherwise, the return is free of charge for you.
Exclusion of revocation
The right of cancellation does not apply to contracts for the delivery of goods that are manufactured according to customer specifications or clearly tailored to personal needs or that are not suitable for return due to their nature or can spoil quickly or whose expiration date has passed.