GENERAL TERMS AND CONDITONS
The GTCs are available for download here in the currently valid version and can be viewed at any time on the website: https://dogdaysofsummer.at/en/terms-and-conditions in the currently valid version.
For better readability, the masculine form is used for personal names and personal nouns on this website. Corresponding terms apply in principle to all genders for the purposes of equal treatment. The abbreviated form of language is for editorial reasons only and does not imply any valuation.
SIGNIFICANCE OF CONTENTS.
1. scope of application
2. contracting party & customer service
3. conclusion of contract
6. prices & shipping costs
7. contract storage
8. contract language
9. right of withdrawal / right of revocation
10. cancellation policy
11. payment methods
12. payment modalities / due date
13. interest on arrears
14. liability for defects / compensation
15. intellectual property rights
16. retention of title
17. electronic data transmission
18. data protection
20. dispute resolution
21. place of jurisdiction & applicable law
22. severability clause
1. SCOPE OF APLLICATION OF THE GENERAL TERMS AND CONDITIONS
1.1 These general terms and conditions (hereinafter: “GTC”) apply to the business relationship between Dogdays of Summer OG (hereinafter: “Seller”) and the customer (hereinafter: “Customer”). The Seller does not recognize any deviating terms and conditions of the Customer, unless the Seller has expressly agreed to their validity in writing.
1.2 In the event of changes to these General Terms and Conditions, the version published on the Internet at the time of the order shall apply.
1.3 Amendments or supplements to the General Terms and Conditions must be made in writing. This also applies to the change of the written form requirement.
1.4 The customer is a consumer in the sense of the Consumer Protection Act (KSchG).
1.5 These GTC shall apply to the purchase of vouchers, unless expressly agreed otherwise.
2. CONTRACTUAL PARTNER & CUSTOMER SERVICE.
2.1 The contract of sale is concluded with Dogdays of Summer OG. More information about the seller can be found in the imprint at: https://dogdaysofsummer.at/en/imprint.
2.2 For questions, complaints and claims, the customer service can be contacted according to the published opening hours and under the phone number +43 (0) 670 6024352 and the email: info@dogdaysofsummer.
3. CONTRACTUAL CONCLUSION.
3.1 The product presentation in the web store does not constitute a legally binding offer, but only an invitation to submit a binding offer in the form of an order. With the binding order of the desired goods, the customer submits a binding offer to conclude a purchase contract.
3.2 In the event of typing, printing or calculation errors on the website, the seller is entitled to withdraw from the contract. All offers are valid while stocks last. In case of withdrawal, the purchaser will be informed immediately that the ordered goods are not available. The already paid purchase price will be refunded immediately in this case.
3.3 The purchase contract is concluded with the acceptance of the seller. The customer will be notified of the acceptance of the offer and the conclusion of the purchase contract by means of an order confirmation by e-mail.
3.4 The acceptance of the offer, the processing of the order and the establishment of contact take place in principle by e-mail and automated order processing. The customer must ensure that the e-mail address provided for order processing is accurate and accessible. Any notification regarding the order process shall be deemed to have been delivered and received by the customer under the specified e-mail address at the time of error-free transmission.
In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.
4.1 An order is only possible if all mandatory fields marked with * in the order form are filled in. The opening of a user account is not mandatory for the ordering process.
4.2 If any information is missing or if the Seller cannot fulfill the order for any other reason, the Customer will receive an error message. Before the final submission of the order and thus the binding offer, the customer is given the opportunity to correct his order. Supporting detailed information is provided to the customer directly in the course of the ordering process via the website. As soon as the order process is completed, the customer will be notified by e-mail and a corresponding order confirmation.
4.3 This order confirmation does not constitute an acceptance of the customer’s offer. If the seller rejects the conclusion of the contract, the customer will be informed immediately by e-mail. By clicking the button “Order and Pay” in the last step of the ordering process, the customer places a binding order for the goods listed on the order page.
5.1 The delivery time for domestic orders is usually between three and five working days (standard delivery time). All information on delivery times are only indicative in the sense of customer information, may differ in individual cases and justify neither basis nor claim of the customer to claim longer delivery times.
5.2 If there are delivery bottlenecks, the customer will be notified by the seller.
5.3 Unless otherwise agreed, delivery shall be made ex warehouse to the delivery address specified by the customer. The risk shall pass to the customer as soon as the delivery is handed over to the customer by the delivering parcel or postal service.
5.4 If goods are delivered with obvious transport damage, the customer is asked to report such defects as soon as possible to the deliverer and to contact the seller. Failure to make a complaint or contact the seller has no consequences for the legal claims of the customer and their enforcement, in particular the corresponding warranty rights. This is merely an aid for the seller to be able to assert its own claims against the carrier or the transport insurance.
6. PRICES & SHIPPING COSTS.
6.1 All prices are total prices. They are inclusive of all taxes including VAT and duties, but exclusive of shipping costs. The shipping costs can be viewed at any time in the current version in the shipping costs overview of the seller at: https://dogdaysofsummer.at/en/shipping.
6.2 In case of a delivery to a non-EEA country, the customer shall bear all import and export charges including any customs duties, fees and levies.
7. CONTRACT STORAGE.
7.1 The entire purchase contract is stored by the Seller for documentation purposes, but is not accessible to the Customer via the Website.
7.2 The customer will receive an e-mail confirming the acceptance of the offer and consequently the conclusion of the contract, together with a summary of the order data and the relevant general terms and conditions. The customer is free to print and/or save the entire text of the contract after placing his order. The GTC can be viewed at any time at: https://dogdaysofsummer.at/en/terms-and-conditions
8. CONTRACTUAL LANGUAGE.
8.1 The contract language shall be German only.
9. RIGHT OF RESCISSION / RIGHT OF OPPOSITION.
9.1 Explanatory remarks: The term “right of withdrawal”, which is common in Austria, corresponds to the term “right of cancellation”, which is common in Germany and used in the Consumer Rights Directive. We therefore use the equivalent term pair “right of withdrawal/right of rescission”. Only the term “right of withdrawal” is used in the cancellation policy. This is equivalent to the Austrian term “Rücktrittsrecht”.
9.2 The customer has a 14-day right of withdrawal.
9.3 The information about the requirements and consequences of the right of withdrawal are listed in the following cancellation policy:
10. RIGHT OF WITHDRAWAL.
10.1 Right of revocation
You have the right to cancel this contract within 14 days without giving any reason.
The 14-day revocation period begins after receipt of this instruction in writing but not before the day on which the customer or a third party designated by him, which is not the carrier, have taken possession of the goods, or has and also not before the fulfillment of the information obligations of the seller.
If the customer receives the goods before the deadline, the cancellation can also be made by simply returning the goods.
To exercise your right of withdrawal; you must inform us (the Dogdays of Summer OG, Volksgartenstraße 4-6, 8020 Graz, e-mail: email@example.com) either by means of a clear statement in text form (eg a letter sent by mail or e-mail) about your decision to revoke the contract or return the goods before the deadline.
You can use the model withdrawal form provided by us for this purpose. It is pointed out that no disadvantages arise for the customer if the provided withdrawal form is not used.
To comply with the withdrawal period, it is sufficient that the goods or the notification of the exercise of the right of withdrawal is sent before the expiry of the withdrawal period.
10.2 Consequences of cancellation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract.
If you exercise your right of withdrawal only for parts of your order, a pro rata calculation of the goods affected by the withdrawal and the associated costs of delivery (delivery costs) will be made. We expressly point out that only the final order – i.e. the order value after exercising your right of withdrawal – will be used to calculate the delivery costs. Accordingly, we reserve the right to subsequently charge for the free delivery, which depends on the order value, if the relevant order value limits are subsequently undercut due to the partial withdrawal.
For repayments, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged transaction fees because of this repayment.
We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
10.3 The right of withdrawal does not apply to the following contracts:
– Contracts for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs or are not suitable for return due to their nature.
– Contracts for the delivery of goods that have been inseparably mixed with other goods after delivery due to their nature.
End of the cancellation policy
11. TYPES OF PAYMENT.
11.1 The Seller accepts the methods of payment offered in the ordering process: by way of example, here are various options.
– Credit Card
The specified credit card will be charged upon completion of the payment.
The invoice amount is paid via the online provider PayPal. You must be registered there or register first. After legitimation with the access data you can confirm the payment instruction to us. Your PayPal account will be debited immediately after the order.
– Immediate bank transfer
About the service of https://www.klarna.com/at/ the customer is referred directly to the respective online bank account, where still during the order a transfer of the order amount is set. After the transfer has been confirmed via the TÜV-certified payment system with PIN/TAN entry, the customer’s account is debited immediately.
If the payment method prepayment is selected, the bank details of the seller will be stated in the order confirmation and the goods will be delivered after receipt of payment.
12. MODALITIES OF PAYMENT / FULFILLMENT.
12.1 If no other method of payment is agreed, the customer undertakes to pay the purchase price in full already upon conclusion of the contract. The goods will be delivered only after receipt of the amount in our bank account.
12.2 The customer shall only have the right to set-off if the counterclaims have been legally established or acknowledged in writing by the seller. Furthermore, the customer is only authorized to exercise a right of retention insofar as the counterclaim is based on the same contractual relationship.
13. INTEREST ON ARREARS.
13.1 If the Buyer is in default of payment, the Seller shall be entitled to charge interest on arrears at a rate of 4% p.a. above the prime rate announced by the Austrian National Bank (ÖNB). If the Vendor can prove that it has incurred higher damages due to default, the Vendor shall be entitled to claim such damages in the event of default in payment for which the Vendor is responsible.
13.2 The customer shall pay all amounts without deduction within 7 days after receipt of the request for payment at the latest; the receipt of the amount on one of our business accounts shall be decisive. After unsuccessful expiry of the deadline, the order will be removed from the program without further notification.
14. LIABILITY FOR DEFECTS / COMPENSATION FOR DAMAGE.
14.1 If there is a defect in the purchased item for which the Seller is responsible, the Seller shall be entitled at its own discretion to remedy the defect or to make a replacement delivery. If the Vendor is not prepared or not in a position to remedy the defect/replace the delivery or if this is delayed beyond a reasonable period of time for reasons for which the Vendor is responsible, or if the remedy of the defect/replace the delivery fails in any other way, the Customer shall be entitled, at its option, to withdraw from the contract or to demand a corresponding reduction in the purchase price.
14.2 Unless otherwise stated below, any further claims of the Purchaser, irrespective of the legal grounds, shall be excluded. The Vendor shall therefore not be liable for damage that has not occurred to the delivery item itself; in particular, the Vendor shall not be liable for loss of profit or for other financial losses of the Customer.
14.3 Claims for damages by the Customer against the Vendor shall be excluded unless the damage is personal injury or the Vendor or a person for whom the Vendor is responsible has caused the damage intentionally or by gross negligence. Any further liability – with the exception of liability under the Product Liability Act (PHG) – is excluded.
14.4 All product images are symbolic images. The product images may therefore not always correspond to the appearance of the delivered products. The Customer shall have no warranty, return and/or replacement claim due to deviations, for example in color and consistency.
15. MATERIAL GUARANTEE RIGHTS.
15.1 The Seller reserves all rights, in particular trademark rights and copyrights, to the content of the website and the webshop, such as trademarks, texts, images and photos, other graphics and the layout.
15.2 Use is not permitted without the explicit consent of the Seller.
16. RETENTION OF OWNERSHIP.
16.1 The delivered goods shall remain the property of the Seller until all claims against the Buyer have been settled in full.
16.2 It is agreed that the assertion of the retention of title does not constitute a withdrawal from the contract, unless the Seller expressly declares the withdrawal from the contract.
17. ELECTRONIC DATA TRANSMISSION
17.1 The Seller is entitled to send the Customer electronic data, such as invoices, in electronic form, and the Customer agrees to this method of sending.
18. DATA PROTECTION.
19.1 The Seller is obliged by law to provide the Customer with an opportunity to make a complaint. If this is the case, please address your complaint to: firstname.lastname@example.org.
20. DISPUTE RESOLUTION.
20.1 The European Commission provides a platform for online dispute resolution (OS), which you can find here http://ec.europa.eu/consumers/odr/. Consumers have the possibility to use this platform for the settlement of their disputes.
21. JURISDICTION & APLLICABLE LAW.
21.1 The contract shall be governed by Austrian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
21.2 If the customer has his domicile or habitual residence in Austria or if he is employed in Austria, only the jurisdiction of the court in whose district the domicile, habitual residence or place of employment is located can be established for an action against him; this does not apply to disputes that have already arisen.
22. SALVATORY CLAUSE.
22.1 If any provision of these GTC is or becomes invalid or unenforceable in whole or in part, this shall not affect the validity or enforceability of all other business provisions. The contracting parties shall replace the legally invalid or unenforceable provision by a valid and enforceable provision which comes as close as possible to the legally invalid or unenforceable provision in terms of content and purpose.
STATUS JULY 2021