Terms of service
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General terms and conditions.
General terms and conditions for the use of the online store
§ 1 Area of application
(1) The following "General Terms and Conditions" (GTC) apply in the version valid on the day of the order for all purchase contracts for the delivery of goods concluded between reKappel (as part of The Kappel Company GmbH) (hereinafter "Seller") and its customers (hereinafter "Customers"). By placing an order, the Customer agrees to these GTC and is bound by them.
(2) Should individual provisions of these GTC be invalid in whole or in part due to mandatory statutory provisions (in particular the provisions of the KSchG), the remaining provisions of these GTC shall remain in full force and effect.
§ 2 Conclusion of contract
The offers listed in the online store of the seller are subject to change and do not represent binding offers on the part of the seller. They are to be understood as an invitation to the customer to make an offer himself. The contract is concluded by acceptance of the order by the seller, either by sending an order confirmation electronically or by post or directly by sending the ordered goods.
The customer must ensure that he can be reached at the e-mail address provided and must guarantee receipt of e-mails from the vendor for the purpose of processing the order.
§ 3 Right of withdrawal
(1) Customers who are consumers within the meaning of the Consumer Protection Act may withdraw from the purchase 14 days after taking delivery of the goods without giving any reasons. It is sufficient if the declaration of withdrawal is sent within the period without giving reasons.
(2) In the event of withdrawal, the purchase price shall only be refunded concurrently with the return of the goods received from the customer. The condition for this is that the goods are in an unused condition and can be resold as new. The costs of returning the goods shall be borne by the customer.
(3) In the case of articles which are impaired or damaged by signs of use, the Seller shall charge an appropriate fee for the reduction in value.
§ 4 Prices
(1) In principle, that purchase price for the ordered goods is deemed to be agreed which results from the price indication in the online store.
(2) Unless otherwise stated, all prices are gross prices including the statutory value added tax, excluding all expenses incurred in connection with the shipment. Shipping is at the expense of the customer. For shipping, the actual costs incurred during the checkout process in the online store will be charged.
§ 5 Terms of delivery
(1) The delivery of the ordered goods will be made to the delivery address specified by the customer, unless otherwise agreed. If the delivery by the transport company is unsuccessful and the object of purchase is returned to the seller, the customer shall pay the costs for the failed delivery attempt.
(2) Delivery is normally made within 7 working days from the date of the order by the customer, but in any case within 15 days from the date of the order. Only after the expiration of this period, the customer is entitled to withdraw from the contract after setting a reasonable grace period. In case of unavailability of the goods, the customer will be informed immediately.
§ 6 Terms of payment
Unless otherwise agreed, invoices are due immediately upon receipt. In the event of delayed payment, the customer shall be obliged to reimburse all reminder and collection expenses incurred by the seller as a result of this delay in payment and necessary for appropriate legal action.
§ 7 Warranty
The warranty is provided in accordance with the statutory provisions for a period of 24 months from receipt of the goods. If an exchange or improvement is not possible (not possible, too much effort, unreasonable, delay), then the buyer is entitled to a price reduction or, if the defect is not minor, cancellation of the contract (conversion). The compensation of (defect) consequential damages, as well as other property damages, financial losses and damages of third parties against the customer, unless it is a consumer transaction, is excluded.
§ 8 Compensation
(1) The Seller shall only be liable for damages in case of intent or gross negligence, with the exception of damages to persons. The existence of gross negligence has to be proven by the injured party, unless it is a consumer transaction.
(2) Compensation for consequential (defect) damages and pure financial losses shall be excluded vis-à-vis entrepreneurs.
(3) The Seller shall not be liable for the correctness of the form or content of the information in the publications.
§ 11 Data protection
The customer acknowledges that the use of the data about the customer stated in the contract will be stored and processed for purposes of accounting and customer records. The data will be used to comply with legal requirements and to process payment transactions. Customer data will not be disclosed to third parties, unless this is absolutely necessary for the execution of the contract.
§ 12 Jurisdiction and applicable law
(1) This contract shall be governed by Austrian substantive law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the contracting party is a consumer, the mandatory provisions of the law of the state in which the contracting party has its habitual residence shall also apply to this contract. The place of performance of the contract shall be the registered office of the Seller.
(2) The court having subject-matter jurisdiction at the registered office of the Vendor shall have exclusive jurisdiction for disputes. If the customer is a consumer within the meaning of the KSchG, the jurisdiction of the court in whose district the customer's domicile, habitual residence or place of employment is located shall be deemed to be established.
The GTC are valid from November 2021