§ 1 Validity, definition of terms
(1) Unvergaenglich-Underground.com (hereinafter: “we” or “Unvergaenglich-Underground.com”) operates an online shop for goods on the website https://www.unvergaenglich-underground.com. The following General Terms and Conditions apply to all services between us and our customers (hereinafter: “customer” or “you”) in the version valid at the time of the order, unless expressly agreed otherwise.
(2) “Consumer” in the sense of these terms and conditions is any natural person who concludes a legal transaction for a purpose that can be attributed predominantly neither to his commercial nor to his independent professional activity. “Entrepreneur” is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity, whereby a partnership with legal capacity is a partnership with the ability to acquire rights and enter into obligations.
§ 2 Conclusion of contract, storage of contract text
(1) The following terms and conditions apply to orders placed through our online shop at https://www.unvergaenglich-underground.com.
(2) Our product presentations on the Internet are non-binding and do not constitute a binding offer to conclude a contract.
(3) When an order is placed in our online shop, the following rules apply: The customer makes a binding contract offer by successfully completing the order process provided in our online shop. The order process consists of the following steps:
- Selection of the desired goods,
- Adding the products by clicking on the appropriate button (e.g. “Add to cart” or similar),
- Reviewing the information in the shopping cart,
- View your order by clicking the appropriate button (e.g., “Checkout,” “Checkout Payment,” “View Order History,” or similar),
- Enter/verify address and contact information, select payment method, confirm terms and conditions and cancellation policy,
- If the agreed quality of the goods differs from their usual quality and usage requirements, confirming a negative quality agreement,
- Completing the order by clicking the “Buy Now” button. This is your binding order.
- The contract is concluded when you receive an order confirmation from us within three working days to the e-mail address provided.
(4) If the contract is concluded, the contract is concluded with Unvergaenglich-Underground.com.
(5) Before placing an order, the contractual data can be printed or saved electronically using the print function of the browser. The processing of the order and the transmission of all information necessary for the conclusion of the contract, in particular the order data, the General Terms and Conditions and the revocation instruction, is carried out after the order by e-mail, partly automatically. We do not store the text of the contract after the conclusion of the contract.
(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser’s “Back” button). They can also be corrected by canceling the order process prematurely, closing the browser window and repeating the process.
(7) The processing of the order and the transmission of all information required for the conclusion of the contract is carried out via e-mail, in some cases automatically. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Subject matter of the contract and essential characteristics of the products
(1) The subject matter of the contract in our online shop is: The sale of goods. You can find the specific goods offered on our item pages.
(2) The essential characteristics of the goods can be found in the item description. If the agreed quality of the goods deviates from their usual quality and usage requirements, this will be expressly stated in the item description (negative quality agreement). If the customer has expressly agreed to the negative quality deviation, this shall define the subject matter of the contract.
§ 4 Prices, shipping costs and delivery
(1) The prices stated in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
(2) The respective purchase price is to be paid before delivery of the product (payment in advance), unless we expressly offer a purchase on account. The payment methods available to you are indicated in the Online Shop or in the respective offer under a correspondingly designated button. Unless otherwise stated for the individual payment methods, the payment claims are due immediately.
(3) In addition to the stated prices, shipping costs may be incurred for the delivery of products, unless the respective item is described as free of shipping costs. The shipping costs will be clearly communicated to you again in the offers, if necessary in the shopping cart system and in the order overview.
(4) Unless otherwise agreed, the goods will be delivered to the delivery address provided by the customer. For the processing of the transaction, the delivery address specified in the order processing of the seller is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address stored by the customer with PayPal at the time of payment is decisive.
(5) For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for bank transfers (e.g. transfer fees, exchange fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in connection with the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
(6) Unless clearly stated otherwise in the product description, all products offered are ready for immediate shipment.
(7) If the carrier returns the goods to the seller because delivery to the customer was not possible, the customer shall bear the cost of the unsuccessful delivery. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had given him reasonable notice of the service. Furthermore, this does not apply to the costs of delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises his right of withdrawal, the provisions of the seller’s Cancellation policy shall apply to the costs of returning the goods.
(8) Pickup by the customer is not possible for logistical reasons.
(9) Delivery is worldwide.
§ 5 Right of retention, retention of title
(1) You may only exercise a right of retention if it relates to claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 6 Right of withdrawal
As a consumer, you have a right of withdrawal. This is based on our cancellation policy.
§ 7 Liability
(1) Subject to the following exceptions, our liability for breaches of contractual obligations and for tort shall be limited to intent and gross negligence.
(2) In the event of slight negligence, we shall be liable without limitation in the event of injury to life, body or health or in the event of breach of a material contractual obligation. If we are in default of performance due to slight negligence, if performance has become impossible or if we have violated an essential contractual obligation, liability for property damage and pecuniary loss resulting therefrom shall be limited to the foreseeable damage typical for the contract. An essential contractual obligation is an obligation the fulfillment of which is essential for the proper execution of the contract, the violation of which endangers the achievement of the purpose of the contract and the compliance with which you may regularly rely on. This includes, in particular, our obligation to act and to perform as described in § 3.
8 Contract language
The contract language is exclusively German.
9 Warranty
(1) The warranty is based on legal regulations.
(2) For entrepreneurs, the warranty period for delivered goods is 12 months.
(3) As a consumer, you are requested to inspect the delivered goods immediately upon receipt for completeness, obvious defects and transport damage and to notify the carrier of any complaints as soon as possible. If you fail to do so, your statutory warranty claims shall of course remain unaffected.
§ 10 Final provisions/Disputes
(1) Austrian law shall apply. For consumers, this choice of law only applies to the extent that the protection provided by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn (principle of favorability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the location of the provider.
(4) The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.[/vc_column_text][/vc_column][/vc_row]
