General Terms and Conditions with Customer Information
TABLE OF CONTENTS
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Special conditions for the processing of goods according to certain specifications of the customer
- Special conditions for assembly/installation services
- Special conditions for repair services
- Redemption of gift vouchers
- Applicable law
- Place of jurisdiction
- Alternative dispute resolution
1.1These General Terms and Conditions (hereinafter referred to as "GTC") of ICUserver GmbH (hereinafter referred to as "Seller") shall apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly stipulated.
1.3A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to his or her commercial or self-employed professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity.
1.4Components of the Seller's range presented may - depending on the Seller's product description - be linked to the conclusion of a contract for the provision of telecommunications services (hereinafter "Telecommunications Contract") with a third party provider (hereinafter "Service Provider"). In this case, the existence of the contract with the seller depends on the conclusion of a telecommunication contract with the service provider and on the fact that the telecommunication contract is not revoked by the customer. The telecommunications contract shall be governed by the relevant statutory provisions and, if applicable, by the contractual terms and conditions of the respective service provider that deviate from these. The seller acts only as an intermediary for such contracts.
2) CONCLUSION OF THE CONTRACT
2.1The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping basket and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button that concludes the ordering process. Furthermore, the customer may also submit the offer to the seller by telephone or by e-mail.
2.3The seller may accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after the customer has placed the order.
If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.5If the payment method "Amazon Payments" is selected, the payment will be processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the payment method during the online ordering process, he also issues a payment order to Amazon by clicking the button that completes the ordering process. In this case, the seller already declares acceptance of the customer's offer at the time when the customer triggers the payment process by clicking the button that concludes the order process.
2.6When an offer is made via the Seller's online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The Seller shall not make the text of the contract accessible beyond this. If the customer has set up a user account in the Seller's online shop before sending his order, the order data will be archived on the Seller's website and can be accessed by the customer free of charge via his password-protected user account by providing the corresponding login data.
2.7Before bindingly placing the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means to better recognise input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.8The German and English languages are available for the conclusion of the contract.
2.9Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. 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.
3) RIGHT OF REVOCATION
3.1Consumers are generally entitled to a right of withdrawal.
3.2Further information on the right of withdrawal can be found in the seller's withdrawal policy.
4) PRICES AND TERMS OF PAYMENT
4.1Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to 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.
4.3The payment option(s) will be communicated to the customer in the seller's online shop.
4.4If prepayment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5If the payment method "SOFORT" is selected, the payment will be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account that has been activated for participation in "SOFORT", identify himself accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction is then immediately carried out by "SOFORT" and the customer's bank account is debited. More detailed information on the "SOFORT" payment method is available to the customer on the Internet at https://www.klarna.com/sofort/.
4.6If a payment method offered via the payment service "Shopify Payments" is selected, the payment will be processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the customer in the Seller's online shop. For the processing of payments, Stripe may use other payment services, for which special payment conditions may apply, to which the customer may be informed separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.
4.7If the payment method purchase on account is selected, the purchase price shall become due after the goods have been delivered and invoiced. In this case, the purchase price is payable within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop.
4.8If the credit card payment method via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. The payment is processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to carry out a credit check and to refuse this payment method in the event of a negative credit check.
5) DELIVERY AND SHIPPING CONDITIONS
5.1The delivery of goods shall be made by shipping to the delivery address provided by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing shall be decisive. Deviating from this, if the payment method PayPal is selected, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive.
5.2If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of withdrawal. In the event of an effective exercise of the right of revocation by the customer, the provision made in the seller's revocation instructions shall apply to the costs of returning the goods.
5.3Self-collection is not possible for logistical reasons.
5.4Vouchers are given to the customer as follows:
- per download
- by e-mail
6) RESERVATION OF OWNERSHIP
If the seller makes advance payment, he shall retain ownership of the delivered goods until the purchase price owed has been paid in full.
7) LIABILITY FOR DEFECTS (WARRANTY)
7.1If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2If the customer is acting as a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer does not comply with this, this shall have no effect on his statutory or contractual claims for defects.
7.3The Seller shall not be liable for defects in the performance of the telecommunication contract, for which the respective service provider is exclusively responsible. In this respect, the relevant statutory provisions and any contractual terms and conditions of the respective service provider deviating from these shall apply.
8) SPECIAL CONDITIONS FOR THE PROCESSING OF GOODS ACCORDING TO CERTAIN SPECIFICATIONS OF THE CUSTOMER
8.1If, according to the content of the contract, in addition to the delivery of the goods, the seller is also obliged to process the goods according to certain specifications of the customer, the customer shall provide the seller with all content required for the processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the seller and grant the seller the rights of use required for this purpose. The customer alone shall be responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility that he has the right to use the content provided to the seller. In particular, he shall ensure that no rights of third parties are infringed thereby, in particular copyrights, trademark rights and personal rights.
8.2The customer shall indemnify the seller against claims of third parties which the latter may assert against the seller in connection with an infringement of their rights through the contractual use of the customer's content by the seller. In this context, the customer shall also bear the reasonable costs of the necessary legal defence, including all court costs and lawyers' fees in the statutory amount. This shall not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, truthfully and completely with all information required for the examination of the claims and a defence.
8.3The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.
9) SPECIAL CONDITIONS FOR ASSEMBLY/INSTALLATION SERVICES
If, according to the content of the contract, the seller is also responsible for the assembly or installation of the goods at the customer's premises in addition to the delivery of the goods and, if applicable, for the corresponding preparatory measures (e.g. measurement), the following shall apply:
9.1The Seller shall provide its services, at its discretion, in its own person or through qualified personnel selected by it. In doing so, the Seller may also make use of the services of third parties (subcontractors) acting on its behalf. Unless otherwise stated in the Seller's service description, the customer has no claim to the selection of a specific person to perform the desired service.
9.2The customer shall provide the seller with the complete and truthful information required for the provision of the service owed, insofar as the procurement of such information does not fall within the seller's scope of obligations according to the content of the contract.
9.3The Seller shall contact the Client after the conclusion of the contract in order to arrange an appointment with the Client for the service owed. The Client shall ensure that the Seller or the personnel appointed by the Seller have access to the Client's facilities concerned on the agreed date.
9.4The risk of accidental loss and accidental deterioration of the goods sold shall not pass to the customer until the assembly work has been completed and the goods have been handed over to the customer.
10) SPECIAL CONDITIONS FOR REPAIR SERVICES
If, according to the content of the contract, the seller owes the repair of an item of the customer, the following shall apply to this:
10.1Repair services shall be provided at the registered office of the Seller.
10.2The Seller shall provide its services, at its discretion, in its own person or through qualified personnel selected by it. In doing so, the Seller may also make use of the services of third parties (subcontractors) acting on its behalf. Unless otherwise stated in the Seller's service description, the customer has no claim to the selection of a specific person to perform the desired service.
10.3The customer shall provide the seller with all information required for the repair of the item, insofar as the procurement of such information does not fall within the scope of the seller's obligations according to the content of the contract. In particular, the customer shall provide the seller with a comprehensive description of the defect and inform the seller of all circumstances that may be the cause of the identified defect.
10.4Unless otherwise agreed, the customer shall ship the item to be repaired to the seller's registered office at its own expense and risk. The Seller recommends that the Customer takes out transport insurance for this purpose. Furthermore, the Seller recommends that the Customer ship the item in suitable transport packaging in order to reduce the risk of transport damage and to conceal the contents of the packaging. The seller shall inform the customer immediately of any obvious transport damage so that the customer can assert any rights it may have against the carrier.
10.5The return of the item shall be at the expense of the customer. The risk of accidental loss and accidental deterioration of the item shall pass to the customer when the item is handed over to a suitable transport person at the seller's place of business. At the customer's request, the seller will take out transport insurance for the item.
10.6The aforementioned provisions do not limit the customer's statutory rights for defects in the event of the purchase of goods from the seller.
10.7The Seller shall be liable for defects in the repair service provided in accordance with the provisions of statutory liability for defects.
11) REDEMPTION OF GIFT VOUCHERS
11.1Gift vouchers that can be purchased via the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated in the Gift Voucher.
11.2Gift vouchers and remaining balances of gift vouchers are redeemable until the end of the third year after the year of the voucher purchase. Remaining credits will be credited to the customer until the expiry date.
11.3Gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
11.4Only one gift voucher can be redeemed per order.
11.5Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.
11.6If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
11.7The balance of a gift voucher is neither paid out in cash nor does it earn interest.
11.8The Gift Voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the gift voucher in the Seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.
12) APPLICABLE LAW
All legal relations between the parties shall be governed by the law of the Republic of Austria to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
If the customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Republic of Austria, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller's registered office. If the customer has its registered office outside the territory of the Republic of Austria, the Seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the Seller shall in any case be entitled to bring an action before the court at the Customer's place of business.
14) ALTERNATIVE DISPUTE RESOLUTION
14.1The 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 purchase or service contracts involving a consumer.
14.2The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.