Terms of service

Status: 28.10.2020

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1) Scope

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1.1 These General Terms and Conditions (hereinafter "GTC") of

Tandlas OG
Panikengasse 38/ 1-21160 Vienna

Tel.: +43 6608519433
Email: hello@tandlas.com

apply to all contracts for the delivery of goods and ancillary services that a consumer or entrepreneur (hereinafter referred to as "customer") concludes with the seller with regard to the latter's goods and ancillary services. The inclusion of the customer's own terms and conditions is hereby rejected, unless otherwise agreed.

A consumer is any natural person who conducts a transaction that is not part of their company's operations. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity. Public limited companies, limited liability companies, commercial and economic cooperatives, mutual insurance associations, savings banks, European Economic Interest Groupings (EEIG), European Companies (SE) and European Cooperatives (SCE) are entrepreneurs by virtue of their legal form.

 

2) Conclusion of contract

  • 2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
  • 2.2 The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods or services in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods or services contained in the shopping cart by clicking the button that completes the ordering process.
  • 2.3 The seller can accept the customer's offer within 5 days
    by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or by requesting payment from the customer after placing his order. If several of the aforementioned alternatives apply, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the 5th day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
    If the customer selects a payment method during the online ordering process by clicking the button that completes the ordering process and at the same time issues a payment order to his payment service provider to transfer the money directly to the seller's account, the seller declares, in deviation from section 2.3, that he accepts the customer's offer at the time the money is received in the seller's account.
  • 2.4 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. email) after the order has been sent.
    If the customer has set up a user account in the seller's online shop before sending their order, the order data is archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account by entering the relevant login data.
  • 2.5 Only the German language is available for the conclusion of the contract.
  • 2.6 Order processing and contact are usually carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is correct and, when using SPAM filters, must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
     

3) Right of withdrawal

  • 3.1 Consumers residing in the EU generally have a right of withdrawal when
    concluding a distance contract. A distance contract is a contract between the seller and a consumer that is concluded without the simultaneous physical presence of the seller and the consumer, whereby only means of distance communication (fax, internet, telephone) are used up to and including the conclusion of the contract.
  • 3.2 Further information on the right of withdrawal can be found in the Seller’s withdrawal instructions.

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4) Prices and payment terms

  • 4.1 Unless otherwise stated in the Seller’s product and service description, the prices stated are total prices that include statutory sales tax.

5) Retention of title

  • 5.1 The Seller reserves title to the goods provided to its customers, whether consumers or entrepreneurs, until the purchase price owed has been paid in full.

6) Delivery and shipping conditions

  • 6.1 Our offers are open to all customers residing or based in a member state of the European Union.
  • 6.2 The delivery of goods will be made by shipping to the delivery address specified by the customer, unless otherwise agreed.
    • If the customer is acting as an entrepreneur, the risk of loss or damage to the goods sold passes to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or the other person or company designated to carry out the shipment. If the customer is acting as a consumer, the risk only passes to the consumer as soon as the goods are delivered to the consumer or to a third party designated by the consumer who is different from the carrier. However, if the consumer has concluded the transport contract himself without using a selection option suggested by the entrepreneur, the risk passes as soon as the goods are handed over to the carrier.
    • In the case of self-collection, the seller first informs the customer by email that the goods ordered by him are ready for collection. After receiving this email, the customer can collect the goods from the seller's headquarters after consultation with the seller. In this case, no shipping costs will be charged.
    • If the customer defaults on acceptance or culpably violates other obligations to cooperate, we are entitled to demand compensation for the damage incurred, including any additional expenses. We reserve the right to make further claims. If the above conditions are met, the risk of accidental loss or accidental deterioration of the purchased item passes to the customer at the time at which the customer defaults on acceptance or payment.

7) Warranty / Liability

 

The statutory warranty provisions apply.

If the customer acts as an entrepreneur, the following also applies:

  • In principle, an insignificant defect does not give rise to any warranty claims.
  • The seller has the choice of how the defect is to be remedied.
  • The limitation period does not begin again if a replacement is delivered within the scope of the warranty.
  • If the customer acts as an entrepreneur within the meaning of the Austrian Commercial Code (UGB), he is subject to the commercial obligation to inspect and give notice of defects in accordance with Section 377 of the Austrian Commercial Code (UGB). If the customer fails to comply with the notification obligations stipulated therein, the goods are deemed to have been approved.

The seller's liability is excluded for minor negligence, unless personal injury is involved. These liability regulations also apply with regard to the seller's liability for his vicarious agents and legal representatives.

8) Place of jurisdiction / applicable law

  • 8.1. Austrian substantive law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his or her habitual residence.
  • 8.2. In relation to entrepreneurs, the competent court at the Seller's registered office is agreed as the exclusive competent court.
  • 8.3. If the Customer is a consumer, he can only be sued in the court of his place of residence and can sue the Seller either at the Seller's registered office or at the Customer's place of residence;

9) Alternative dispute resolution

  • 9.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
    This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts