Terms and Conditions
Table of Contents
1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Redemption of Promotional Vouchers
9. Applicable Law
10. Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Sarah Kuchenbuch, operating under "Introvertie" (hereinafter referred to as "Seller"), apply to all contracts concluded between a consumer or entrepreneur (hereinafter referred to as "Customer") and the Seller regarding the goods and/or services presented by the Seller in their online store. The inclusion of the Customer's own terms and conditions is hereby rejected unless otherwise agreed.
1.2 A 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 their commercial or independent professional activities.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.
**2) Conclusion of Contract**
2.1 The product descriptions in the Seller's online store do not constitute binding offers on the part of the Seller but are intended for the submission of a binding offer by the Customer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller's online store. By completing the electronic ordering process and clicking the button finalizing the order, labeled "order with obligation to pay," the Customer submits a legally binding contract offer for the goods and/or services in the shopping cart.
2.3 The 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 (e.g., fax or email), whereby the receipt of the order confirmation by the Customer is decisive; or
- By delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive; or
- By requesting payment from the Customer after the order has been placed.
If multiple of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins on the day following the dispatch of the offer by the Customer and ends at the close of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is deemed a rejection of the offer, and the Customer is no longer bound by their declaration of intent.
2.4 When selecting a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), under the PayPal User Agreement, available at [https://www.paypal.com/de/webapps/mpp/ua/useragreement-full](https://www.paypal.com/de/webapps/mpp/ua/useragreement-full), or - if the Customer does not have a PayPal account - under the terms for payments without a PayPal account, available at [https://www.paypal.com/de/webapps/mpp/ua/privacywax-full](https://www.paypal.com/de/webapps/mpp/ua/privacywax-full). If the Customer pays using a PayPal payment method selectable in the online order process, the Seller declares acceptance of the Customer's offer at the moment the Customer clicks the button finalizing the order.
2.5 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller and sent to the Customer in text form (e.g., email, fax, or letter) along with these GTC after the order has been submitted. Additionally, the contract text is archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected Customer account, provided the Customer created a Customer account in the Seller's online store before submitting their order.
2.6 Before submitting a binding order via the Seller's online order form, the Customer can identify potential input errors by carefully reading the information displayed on the screen. A reliable technical means for better recognition of input errors can be the zoom function of the browser, which enlarges the display on the screen. During the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button finalizing the order.
2.7 The German language is available for the conclusion of the contract.
2.8 Order processing and contact are generally carried out via email and automated order processing. The Customer must ensure that the email address provided for order processing is accurate, so emails sent by the Seller can be received. Particularly, the Customer must ensure that SPAM filters do not block emails sent by the Seller or third parties commissioned by the Seller to process the order.
3) Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's withdrawal policy.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the seller's product description, the specified prices are total prices, including statutory value-added tax. Any additional delivery and shipping costs incurred are separately specified in the respective product description.
4.2 The customer has various payment options available, which are indicated at the beginning of the order process in the seller's online shop.
4.3 If advance payment is agreed upon, payment is due immediately after the contract is concluded.
4.4 When selecting the payment method "SOFORT," payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To pay the invoice amount via "SOFORT," the customer must have an online banking account enabled for participation in "SOFORT," authenticate accordingly during the payment process, and confirm the payment order to "SOFORT." The payment transaction is carried out immediately afterward, and the customer's bank account is debited. Further information about the payment method "SOFORT" can be accessed online at https://www.klarna.com/sofort/.
4.5 If a payment method offered via "Shopify Payments" is selected, payment is processed through 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 through Shopify Payments are communicated to the customer in the seller's online shop. Stripe may use additional payment services for processing payments, which may involve specific payment conditions that the customer will be informed about separately. Further information about "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments-de.
4.6 When selecting a payment method offered via "PayPal," payment is processed via PayPal, which may also use the services of third-party payment service providers. If the seller offers payment methods through PayPal where the seller provides advance payment (e.g., purchase on account or installment payments), the seller assigns the payment claim to PayPal or the third-party payment service provider designated by PayPal. Before accepting the seller’s assignment declaration, PayPal or the payment service provider conducts a credit check using the transmitted customer data. The seller reserves the right to refuse the selected payment method if the credit check result is negative. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or intervals. Payments can then only be made to PayPal or the designated payment service provider to discharge the debt. The seller remains responsible for general customer inquiries (e.g., about the goods, delivery time, shipping, returns, complaints, withdrawal declarations, and returns or refunds) even if the payment claim has been assigned.
4.7 When selecting the payment method credit card, the invoice amount is due immediately upon contract conclusion. Credit card payment processing is carried out in cooperation with PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, which is authorized by the seller to collect the claim in their name. PAYONE GmbH debits the invoice amount from the customer’s specified credit card account. The credit card is charged immediately after the customer’s order is sent via the online shop. The seller remains responsible for general customer inquiries (e.g., about the goods, delivery time, shipping, returns, complaints, withdrawal declarations, and returns or refunds) even when the credit card payment is processed through PAYONE GmbH.
4.8 When selecting the payment method credit card via Stripe, the invoice amount is due immediately upon contract conclusion. Payment processing is carried out 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 conduct a credit check and reject this payment method if the credit check result is negative.
5) Delivery and Shipping Conditions
5.1 Delivery of goods is made by shipping to the delivery address provided by the customer, unless otherwise agreed. For order processing, the delivery address provided by the customer during the seller’s order process is decisive. When selecting PayPal as the payment method, the delivery address stored with PayPal at the time of payment is decisive.
5.2 If the shipping company returns the shipped goods to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstances leading to the impossibility of delivery or if the customer was temporarily prevented from accepting the offered service, provided that the seller did not announce the service within a reasonable time. Furthermore, the costs for outbound shipping do not apply if the customer effectively exercises their right of withdrawal. In such cases, the rules outlined in the seller’s withdrawal policy regarding return shipping costs apply.
5.3 Self-collection is not possible for logistical reasons.
6) Retention of Title
If the seller provides advance payment, ownership of the delivered goods is retained by the seller until the purchase price and all associated costs and expenses have been paid in full.
7) Defects Liability (Warranty)
Unless otherwise stated in the following provisions, the statutory defect liability provisions apply. For contracts involving the delivery of goods, the following deviations apply:
7.1 If the customer acts as an entrepreneur:
- The seller has the right to choose the type of subsequent performance.
- The limitation period for defect claims for new goods is one year from delivery.
- Claims and rights due to defects in used goods are excluded.
- The limitation period does not restart if a replacement delivery is made under warranty.
7.2 The limitations and shortened periods outlined above do not apply:
- To claims for damages and reimbursement of expenses by the customer.
- If the seller has fraudulently concealed the defect.
- For goods used in construction projects that caused the defect.
- To any obligation of the seller to provide updates for digital products in contracts for the delivery of goods with digital elements.
7.3 Entrepreneurs are subject to statutory limitation periods for any recourse claims under applicable laws.
7.4 If the contract is a commercial transaction for both parties as defined in § 343 Abs. 2 AT-UGB, the customer must fulfill their commercial duty to inspect and notify defects as per § 377 AT-UGB. If the customer fails to comply, the goods are deemed approved.
7.5 If the customer is a consumer, they are requested to report obvious transport damage to the carrier and inform the seller. Failure to do so does not affect their legal or contractual defect claims.
8) Redemption of Promotional Vouchers
8.1 Vouchers issued free of charge by the seller during promotional campaigns with a specific validity period (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and within the specified promotional period.
8.2 Certain products may be excluded from voucher campaigns if such restrictions are stated on the promotional voucher.
8.3 Promotional vouchers can only be redeemed before completing the order process. Subsequent offsets are not possible.
8.4 Only one promotional voucher can be redeemed per order.
8.5 The value of the goods must at least equal the amount of the promotional voucher. Any remaining credit will not be refunded.
8.6 If the value of the promotional voucher does not cover the order amount, the remaining amount can be paid using one of the other payment methods offered by the seller.
8.7 The credit balance of a promotional voucher will not be paid out in cash or earn interest.
8.8 The promotional voucher will not be refunded if the customer returns goods paid for fully or partially with the promotional voucher as part of their statutory right of withdrawal.
8.9 Promotional vouchers are intended for use by the individual named on them. Transferring promotional vouchers to third parties is excluded. The seller is entitled but not obligated to verify the material entitlement of the respective voucher holder.
9) Applicable Law
The law of the Republic of Austria applies to all legal relationships between the parties, excluding the laws governing the international purchase of movable goods. For consumers, this choice of law applies only if it does not deprive them of the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence.
10) Alternative Dispute Resolution
10.1 The EU Commission provides an online dispute resolution platform at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a point of contact for out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
10.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
© IT-Recht Kanzlei