General terms and conditions with customer information
(The following GTCs also contain legal information on your rights under the regulations on distance contracts and electronic commerce).
1. scope
2. offers and service descriptions
3. order process and conclusion of contract
4. prices and shipping costs
5. delivery, availability of goods
6. payment modalities
7. retention of title
8. warranty for material defects and guarantee
9. liability
10. right of withdrawal
11. exclusion of the right of withdrawal
12. returns
13. storage of the contract text
14. data protection
15 Jurisdiction, Applicable Law, Contract Language
1. scope
1.1. For the business relationship between OH MY DEER, Ing. Johannes Forkl MSc, Unterprambach 15, A-4731 Prambachkirchen (hereinafter referred to as "Seller") and the customer (hereinafter referred to as "Customer"), the following General Terms and Conditions shall apply exclusively in their version valid at the time of the order.
1.2. You can reach us for questions, complaints and suggestions on weekdays from 8 to 17 o'clock under the telephone number: 0043 664 183 62 89 as well as by e-mail under service@oh-my-deer.com .
1.3. A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for a purpose that can be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB).
1.4. Deviating terms and conditions of the customer shall not be recognized unless the seller expressly agrees to their validity in writing.
2. offers and service descriptions
2.1. The presentation of the products in the online store does not constitute a legally binding offer, but an invitation to place an order. Descriptions of services in catalogs as well as on the websites of the seller do not have the character of an assurance or guarantee.
2.2. Our offers are unique unless otherwise noted with the products. Apart from that, errors are excepted.
3. order process and conclusion of contract
3.1. The Customer may select products from the Seller's assortment without obligation and request an offer in writing or by telephone.
3.2 Subsequently, the customer may confirm the purchase in writing or verbally or order the manufacture of the product .
3.3. After agreeing to the purchase contract, the production of your product will be confirmed to you by email or phone.
3.4. The Final and Binding Purchase Agreement shall become effective as soon as the required deposit has been made and credited to the Seller. Unless otherwise agreed in writing.
3.5. If the seller allows payment in advance, the contract is concluded with the provision of bank details and request for payment. If, despite the due date, the payment is not received by the Seller within 10 calendar days after the order confirmation has been sent, the Buyer shall withdraw from the contract with the consequence that the order shall lapse and the Seller shall not be obliged to deliver. The order is then completed for the buyer and seller without further consequences and is canceled.
4. prices and shipping costs
4.1. The indicated prices are final prices in Austria and Germany plus. Shipping costs.
4.2. Since any products are handmade and custom made, due to special requests, the price may differ from the stated product price. However, this will be shown in writing in an offer with all further product details.
4.3. In addition to the stated prices, the seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer during the ordering process or shown on the created offer.
5. delivery, availability of goods
5.1. If at the time of the Customer's order no copies of the Product selected by the Customer are available, the Seller shall inform the Customer thereof in the order confirmation. If the product is permanently not available, the seller refrains from a declaration of acceptance. A contract is not concluded in this case.
5.2. If the product designated by the customer in the order is only temporarily unavailable, the seller shall also inform the customer of this immediately in the order confirmation. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, the seller is also entitled to withdraw from the contract. In this case, the seller will immediately refund any payments already made by the customer. If payment in advance has been agreed, delivery will be made after receipt of the invoice amount.
6. payment modalities
6.1. The customer can choose from the available payment methods within the framework and before completion of the ordering process.
6.2. If third-party providers are commissioned with payment processing, e.g. PayPal. their general terms and conditions apply.
6.3. If the due date of payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, the customer shall pay interest on arrears at a rate of 5 percentage points above the prime rate.
6.4. The customer's obligation to pay interest on arrears does not preclude the seller from claiming further damages caused by the delay.
6.5. The customer shall only be entitled to set-off if his counterclaims have been legally established or acknowledged by the seller. The customer may only exercise a right of retention insofar as the claims result from the same contractual relationship.
7. retention of title
Until full payment, the delivered goods remain the property of the seller.
8. warranty for material defects and guarantee
8.1. The warranty is determined according to legal regulations.
8.2. Eine Garantie besteht bei den vom Verkäufer gelieferten Waren nur, wenn diese ausdrücklich abgegeben wurde.
9. liability
9.1. The following exclusions and limitations of liability shall apply to the Seller's liability for damages, without prejudice to the other statutory requirements for claims.
9.2. The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
9.3. Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the Customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
9.4. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. Insofar as the liability of the Seller is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
10. right of withdrawal
- Start of the withdrawal policy for consumers -
Withdrawal by express written declaration
Each customer can withdraw from the concluded contract within 14 days after receipt of the goods by sending a written notice of withdrawal without giving any reasons. For this purpose, it is sufficient if the notice of withdrawal is sent within this period (the date of the postmark is decisive). In this case, the customer is demonstrably obliged to return the goods without delay. The return shipping costs (postage) are to be borne by the customer. If the goods have been used and/or damaged, the Customer shall pay to the Seller an appropriate fee for the use including an appropriate compensation for the damage incurred - up to a maximum of the value of the goods. The notice of withdrawal must be sent to the following address:
OH MY DEER
Ing. Johannes Forkl MSc
Unterprambach 15
Prambachkirchen
Austria
Phone: 0043 664 183 62 89
service@oh-my-deer.com
Withdrawal by simply returning the goods
The customer may also exercise his right of withdrawal by merely returning the goods to the seller within 14 days of receipt without written notice of withdrawal. In this case, the timely dispatch of the goods shall be sufficient to meet the deadline. The prerequisite for this form of exercising the right of withdrawal by simply returning the goods is that the goods are not damaged or used and that the return is made with sufficient postage. Exclusively in the case of an incorrect or defective delivery, the seller bears the return shipping costs (postage).
The risk of the return as well as its proof lies in each case with the customer. In case of withdrawal of the customer (by explicit declaration or simple return of the goods), the seller will immediately refund the purchase price already paid - shipping costs will not be refunded. If the order is placed on open account, the customer's account will be credited.
- End of the consumer withdrawal policy -
11. notes on the exclusion of the right of withdrawal
The right of withdrawal does not apply to the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs.
12. returns
12.1. Customers are asked to report the return to the seller before returning: Phone: 0043 664 183 62 89 or e-mail at service@oh-my-deer.com to announce the return. In this way, they allow the seller to assign the products as quickly as possible.
12.2. Customers are asked to return the goods to the seller as a prepaid package and keep the receipt. Upon request, the seller will reimburse the customer in advance for postage costs, unless they are to be paid by the buyer.
12.3. Customers are asked to avoid damage or contamination of the goods. If possible, the goods should be returned to the seller in the original packaging with all accessories. If the original packaging is no longer in the possession of the seller, other suitable packaging should be used to ensure adequate protection against damage in transit and to avoid any claims for damages due to inadequate packaging.
12.4. The modalities specified in this section (No. 12) of the GTC are not a prerequisite for the effective exercise of withdrawal pursuant to. No. 10 of these GTC.
13. storage of the contract text
13.1. The seller saves the contract text of the order. The GTC are available online. The customer can print the text of the contract before submitting the order to the seller by using the print function of his browser.
13.2. The seller also sends the customer an order confirmation, in the form of an offer, or in the form of an invoice with all order data to the e-mail address provided by him.
14. data protection
14.1. The Seller processes personal data of the Customer for a specific purpose and in accordance with the statutory provisions.
14.2. The personal data provided for the purpose of ordering goods (such as name, e-mail address, address, payment data) are used by the seller for the fulfillment and execution of the contract. This data will be treated confidentially and will not be disclosed to third parties who are not involved in the ordering, delivery and payment process.
14.3. The customer has the right to receive, upon request and free of charge, information about the personal data stored by the seller about him. Zusätzlich hat er das Recht auf Berichtigung unrichtiger Daten, Sperrung und Löschung seiner personenbezogenen Daten, soweit keine gesetzliche Aufbewahrungspflicht entgegensteht.
14.4. Further information about the nature, scope, location and purpose of the collection, processing and use of the required personal data by the seller can be found in the privacy policy.
15 Jurisdiction, Applicable Law, Contract Language
15.1. The place of jurisdiction and performance shall be the registered office of the Seller if the Purchaser is a merchant, a legal entity under public law or a special fund under public law.
15.2. The law of the Republic of Austria shall apply. This shall not apply if mandatory consumer protection regulations prevent such application.
15.3. Contract language is German