Terms of service
Terms of Service
General Terms and Conditions (including information for customers)
- Applicability
2. Offers, service descriptions
3. Order process, conclusion of the contract
4. Prices, delivery costs
5. Delivery, product availability
6. Terms of payment
7. Retention of title
8. Product warranty, guarantee
9. Liability
10. Storage of the contract itself
11. Closing remarks
- Right of Withdrawal (Cancellation Information) / Regulations on the Right of Withdrawal
- Privacy Policy
- Legal Notice (Imprint)
1. Applicability
1.1. The business relationship between
Finestartmanufactory.com | Prof.Dr.Love
Gentzgasse 123/5
1180 Vienna
Austria
www.finestartmanufactory.com
finestartmanufactory@gmail.com
(hereinafter referred to as the “vendor”) and the customer (hereinafter referred to as the “customer”) is exclusively governed by the following General Terms and Conditions in the version valid at the time of order placement.
1.2. You may contact Prof. Dr. Love for questions and complaints by e-mail at finestartmanufactory@gmail.com and via the contact form on the website.
1.3. Customers within the meaning of clause 1.1 are both consumers and entrepreneurs. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a person who operates a business and for whom the transaction is in the course of business. A business is any organization pursuing an independent economic activity on a lasting basis, even if not aimed at profit.
1.4. Deviating terms and conditions of the customer shall not be recognized unless the seller expressly agrees to their validity in writing.
1.5. A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2. Offers and Product Descriptions
2.1. The display of products in the online shop is to be equated with an invitation to place an order and not a legally binding offer. Service descriptions included in catalogues or on the vendor’s websites are not to be equated with either a promise or a guarantee.
2.2. All products are unique items unless otherwise stated in the respective product description. Errors excepted.
3. Ordering Process and Conclusion of Contract
3.1. The customer is free to select the products of their choice from the vendor’s product range and gather them together in a so-called “basket” using the add to basket button. The customer can then proceed to their basket and amend their selection as required, for example by removing a product from the basket. Once they are happy with their selection the customer can proceed to the final step in the order process using the proceed to checkout button.
3.2. When the customer clicks the "place order" button they make a binding request to buy the goods currently in their basket. Prior to order placement the customer is able to view and amend their order data at any time and can also use their browser’s “Back” function to return to their basket or abort the order process. Essential entries are marked with an asterisk (*).
3.3. The vendor responds by emailing the customer an automatic confirmation of receipt; the email recapitulates the order placed by the customer and can be printed using the “Print” function (order confirmation). The automatic confirmation of receipt only documents the receipt of the customer’s order by the vendor and does not constitute acceptance of the offer. A binding purchase contract is only deemed to be concluded if the vendor dispatches or hands over the product ordered to the customer within 2 days or confirms the dispatch of the product ordered within 2 days by sending the customer a second email, order confirmation or an invoice.
3.4. In the case of customers who are companies, the aforementioned period for dispatch, delivery or order confirmation is seven days instead of two.
3.5. The vendor offers prepayment as the sole method of payment. If payment has not been made immediately upon completion of the order, the buyer shall, upon receipt of the order, receive from the vendor an order confirmation together with the bank details necessary for payment and a request to pay. The contract shall be concluded upon the vendor’s transmission of such bank details and the payment request. The invoice amount shall be due, without any deduction, within 10 calendar days from receipt of the payment request by the buyer. Timely payment shall be determined by the actual receipt of funds in the vendor’s bank account. If the buyer fails to effect payment within the period set forth above, the vendor may request payment again and may grant the buyer an additional period of 7 calendar days to effect payment. If payment is not received within such additional period, the vendor may withdraw from the contract. In the event of withdrawal by the vendor, the order shall be deemed cancelled and the vendor shall have no further obligation to deliver. The vendor shall reserve the ordered item in the case of prepayment only until the expiry of the period specified above, calculated from receipt of the order confirmation. Until actual receipt of payment, the buyer may expressly cancel the order vis-à-vis the vendor in writing. Any payments already made shall be refunded without undue delay to the payment method originally used by the Buyer, unless otherwise agreed. The statutory right of withdrawal for consumers is, as a rule, 14 calendar days. If the buyer has already paid and exercises his/her right of withdrawal, the vendor shall reimburse all payments received without undue delay and, in any event, no later than 14 calendar days after receipt of the notice of withdrawal (see “Withdrawal”). The commencement of the refund period shall be governed by statutory provisions and may be suspended until receipt of the returned goods or until proof of dispatch of the return shipment is provided.
4. Prices and Shipping Costs
4.1. All prices stated on the Seller’s website are inclusive of the respectively applicable statutory tax.
4.2. The vendor charges delivery costs in addition to the prices indicated. Delivery costs are clearly explained to the customer on a separate webpage and during the order process itself.
4.3. The Buyer shall bear any return shipping costs in the event of a return and shall pack the product so that it is received back undamaged. (see Right of Withdrawal)
4.4. As a small business within the meaning of § 6 para. 1 Z no. 27 UStG, no value added tax is charged. For deliveries to third countries (country outside the EU), the supply is zero-rated as an export pursuant to § 7 UStG of the Austrian Value Added Tax Act.
5. Delivery, Product Availability
5.1. Delivery shall be effected upon receipt of payment (Delivery times: see shipping policy).
5.2. The vendor is entitled to withdraw from the contract if, at the fault of the customer, delivery of the goods fails despite one delivery attempts. Any payments already made for the product shall be refunded to the customer without undue delay to the payment method originally used, unless otherwise agreed. The costs of an unsuccessful delivery attempt shall be borne by the customer.
5.3. Should the ordered product become unavailable for reasons unforeseen at the time of ordering, the Seller may withdraw from the contract. If this situation arises the vendor will inform the customer without delay and, where necessary, offer to supply them with a comparable product. If there are no comparable products available or the customer does not wish to be supplied with a comparable product the vendor will refund any payment already received to the customer without delay.
5.4. Customers are notified of delivery periods and restrictions on delivery (e.g. delivery to specific countries to the exclusion of others) on a separate webpage or in the respective product description.
5.5 In the case of customers who are companies, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyers as soon as the seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment; the stated delivery dates and deadlines, subject to other promises and agreements, are not fixed dates.
5.6 The Seller shall not be responsible for delays in delivery and performance due to force majeure and due to unforeseeable events that make delivery significantly more difficult or impossible for the Seller vis-à-vis customers who are entrepreneurs, even in the case of bindingly agreed deadlines and dates. In this case, the Seller shall be entitled to postpone the delivery or service by the duration of the impediment plus a reasonable start-up period. The right to postpone the deadline shall also apply to customers who are entrepreneurs in cases of unforeseeable events that affect the operations of a pre-supplier and for which neither the pre-supplier nor the Seller are responsible. During the period of such hindrance, the customer shall also be released from its contractual obligations, in particular payment. If the delay is unreasonable for the customer, the customer may withdraw from the contract by written declaration after a reasonable period to be set by the customer or after mutual consultation with the seller.
6. Terms of payment
6.1. The customer is free to select one of the available payment types during the order process; their selection is made prior to completion of the order process. Customers are informed about available payment types on a separate webpage.
6.2. As the vendor offers prepayment as the exclusive method of payment, the purchase price shall be paid by the buyer in advance and without any deduction.
6.3. If third-party providers are commissioned to process the payment (e.g. PayPal) the general terms and conditions operated by those providers apply.
6.4. If the due date by which payment must be made is defined as a calendar date the customer will be deemed to be in arrears as soon as they fail to comply with that due date and be liable for statutory interest on arrears.
6.5. The customer’s obligation to pay interest on arrears does not preclude the enforcement of other claims for delay-related damages by the vendor.
6.6. The customer only has the right to set-off if their counterclaims are legally valid or acknowledged by the vendor. The customer can only enforce a right of retention if their claims result from the same contractual relationship as the vendor’s claims.
7. Eigentumsvorbehalt
The vendor retains the title of the goods supplied until such time as full payment has been made.
For customers who are entrepreneurs, the following shall apply in addition: The seller shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full; the buyer shall be obliged to treat the purchased item with care as long as title has not yet passed to him. In particular, he is obligated to insure it adequately at his own expense against theft, fire and water damage at replacement value, if this is appropriate or customary in the industry. If maintenance and inspection work has to be carried out, the Buyer shall carry this out in good time at its own expense. The processing or transformation of the reserved goods by the customer shall always be carried out for the seller. If the reserved goods are processed with other items not belonging to the Seller, the Seller shall acquire co-ownership of the new item in the ratio of the value of the reserved goods to the other processed items at the time of processing. In all other respects, the same shall apply to the item created by processing as to the goods subject to retention of title. The customer also assigns the claim to secure the claims against him which arise against a third party through the connection of the reserved goods with a property. Access by third parties to the goods owned or co-owned by the seller must be reported immediately by the customer. The customer shall bear any costs for a third-party action or costs for an extrajudicial release arising from such interventions. The customer is entitled to resell the goods subject to retention of title in the ordinary course of business. The customer already assigns to the seller by way of security all claims arising from resale or other legal grounds with regard to the reserved goods (including all balance claims from current account). The Seller revocably authorizes the Customer to collect the claims assigned to the Seller for its account and in its own name. This direct debit authorization may be revoked if the customer does not properly meet its payment obligations. The Seller undertakes to release the securities to which the Seller is entitled at the Customer’s request when their total sales value exceeds the sum of all outstanding claims of the Seller arising from the business relationship by more than 10% (or by more than 50% if there is a risk of liquidation). The selection of the securities to be released shall be incumbent upon the Seller. With the settlement of all claims of the seller from delivery transactions, the ownership of the goods subject to retention of title and the assigned claims shall pass to the buyer. The choice of the securities to be released is incumbent on the seller.
8. Product warranty and guarantee
8.1. The warranty (liability for defects) shall be determined in accordance with statutory provisions, subject to the following provisions.
8.2. The goods supplied by the vendor are only subject to a guarantee if the customer was expressly informed in writing of such a guarantee and the terms there of prior to the commencement of the order process.
The goods delivered by the seller are only subject to a warranty if the customer was expressly informed in writing about such a warranty and its conditions before the start of the ordering process.
8.3. If the customer is an entrepreneur, he shall inspect the goods without undue delay, notwithstanding any statutory obligations to give notice of defects, and shall notify the supplier in writing of any visible material defects without undue delay, at the latest within two weeks after delivery, and of any non-visible material defects without undue delay, at the latest within two weeks after discovery. Deviations in quality, weight, size, thickness, width, equipment, pattern and color that are customary in the trade and permissible in accordance with quality standards or minor deviations shall not constitute defects.
8.4. If the customer is an entrepreneur, the choice is between rectification or subsequent delivery of defective goods by the seller.
8.5. Notwithstanding the liability provisions of these Terms and Conditions, material defects shall become statute-barred one year after the transfer of risk for customers who are entrepreneurs, unless longer periods are prescribed by law, in particular in the case of special provisions for the recourse of the entrepreneur. For used goods, the warranty of customers who are entrepreneurs is excluded.
8.6. Where the customer is an entrepreneur and has, by virtue of the nature and intended use of the item, integrated the defective item into another item or affixed it thereto, the vendor, subject to any express agreement to the contrary and without prejudice to any other warranty obligations, shall not be obliged in the context of subsequent performance to reimburse the customer for necessary costs incurred for the removal of the defective item or for the restoration, installation or affixation of the remedied or replacement defect-free item. Accordingly, the Seller shall also not be obliged to reimburse expenses for the removal of the defective item and the installation or attachment of the repaired or delivered defect-free item within the scope of a recourse by the customer within the supply chain (i.e. between the customer and its customers).
9. Liability
9.1. The following exclusions and restrictions of liability in connection with the vendor’s liability for compensation apply irrespective of other statutory eligibility criteria.
9.2. The vendor is liable without restriction if damage was caused with wilful intent or gross negligence.
9.3. The vendor is also liable for minor negligence leading to the violation of fundamental obligations whose violation jeopardises the fulfilment of the contractual purpose and the violation of obligations whose fulfilment is a prerequisite for the proper performance of the contract and can normally be relied upon by the customer. In this case the vendor’s liability is nevertheless restricted to foreseeable damage typical to the type of contract involved. The vendor is not liable for minor negligence leading to the violation of obligations other than those mentioned in the previous sentences.
9.4. The above restrictions of liability do not apply to damage to life, limb or health, defects identified after the acceptance of a guarantee regarding the nature of the product or defects kept secret with wilful deceit. Liability under the terms of the German Act on Liability for Defective Products remains unaffected.
9.5. Insofar as the vendor’s liability is excluded or restricted, such exclusion and/or restriction also applies to the personal liability of employees, representatives and agents.
10. Storage of the contract itself
10.1. The customer is able to print out the contract with the aid of their browser’s print function during the last step of the order process (i.e. prior to placing their order with the vendor).
10.2. The vendor will also send the customer an order confirmation with all order details to the e-mail address provided by the customer in the form of a PDF file.
11. Closing remarks
11.1. Jurisdiction and place of performance shall be the vendors’s registered office where the customer is an entrepreneur, a legal entity under public law or a public-law special fund. For consumers, the statutory place of jurisdiction shall remain unaffected.
11.2. If the buyer is an entrepreneur, the place of performance shall be the vendors's registered office, subject to other written agreements or mandatory statutory provisions, while the exclusive place of jurisdiction shall be the vendors's registered office. The vendor reserves the right to choose another permissible place of jurisdiction.
11.3. Austrian law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). Where the customer is a consumer, mandatory consumer-protection provisions of the law of the country in which the consumer has his or her habitual residence shall remain unaffected.
11.4. The language of the contract is German.
11.5. European Commission consumer platform for Online Dispute Resolution (ODR): http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in dispute resolution proceedings in front of a consumer arbitration board.
2. Widerrufsbelehrung
Die Widerrufsbelehrung finden Sie unter:
https://finestartmanufactory.com/policies/refund-policy
3. Datenschutz
Die Datenschutzerklärung finden Sie unter:
https://finestartmanufactory.com//policies/privacy-policy
4. Impressum
Das Impressum finden Sie unter:
https://finestartmanufactory.com/policies/legal-notice