Terms & Conditions
November 15, 2023 2024-02-26 12:06Terms & Conditions
Index
- Scope of application
- Conclusion of the contract
- Right of withdrawal
- Prices and terms of payment
- Terms of delivery and shipment
- Condiciones de entrega y envío
- Reservation of title
- Liability for defects (warranty)
- Special conditions for the processing of goods according to customer specifications
- Applicable law
- Jurisdiction
- Alternative dispute resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter “GTC”) of brandnation GmbH (hereinafter “Seller”) apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter “Customer”) enters into with the Seller in respect of goods presented by the Seller in its online store. The inclusion of the Customer’s own terms is 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 which cannot be predominantly attributed to his commercial or independent professional activity.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership who, when entering into a legal transaction, is acting in the exercise of his commercial or independent professional activity.
2) Conclusion of the Contract
2.1 The product descriptions contained in the Seller’s online store do not constitute binding offers on the part of the Seller, but are intended to present a binding offer on the part of the Customer.
2.2 The Customer may submit the offer via the online order form integrated in the Seller’s online store. After placing the selected products in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contract offer with respect to the products contained in the shopping cart by clicking on the button that concludes the ordering process. The Customer may also send the offer by e-mail or telephone to the Seller.
2.3 Seller may accept Customer’s offer within five days,
- by sending the Customer a written order confirmation or an order confirmation in text format (fax or e-mail), whereby the Customer’s receipt of the order confirmation is decisive, or
- upon delivery of the ordered goods to the Customer, the receipt of the goods by the Customer being decisive, or when requesting payment from the Customer after submitting the order.
If several of the above-mentioned alternatives are available, the contract is concluded when one of the above-mentioned alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends with the expiration 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 is considered a rejection of the offer with the consequence that the Customer is no longer bound by its declaration of intent.
2.4 In case of selecting a payment method offered by PayPal, the payment processing will be carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at In case you select a payment method offered by PayPal, the payment processing will be carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com
2.5 When submitting an offer via the Seller’s online order form, the text of the contract is stored by the Seller after the contract is concluded and sent to the Customer in text format (e.g. e-mail, fax or letter) after the Customer has submitted his order. Furthermore, the Seller shall not make the text of the contract accessible beyond this. If the Customer has created a user account in the Seller’s online store before submitting his order, the order data will be archived on the Seller’s website and the Customer will be able to log in free of charge via his password-protected user account by specifying the relevant login data.
2.6 Before bindingly submitting 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 recognize input errors can be the zoom function of the browser, which enlarges the screen. The Customer can correct his data within the scope of the electronic ordering process by using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.7 The German language is exclusively available for the conclusion of the contract.
2.8 Order processing and communication is generally done by email and automated order processing. The Customer must ensure that the e-mail address provided for order processing is correct so that e-mails sent by the Seller are received at this address. In particular, the Customer must ensure that, by using SPAM filters, all e-mails sent by the Seller or third parties commissioned by the Seller for order processing can be delivered.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 More information on the right of withdrawal can be found in the Seller’s withdrawal policy.
3.3 The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, do not belong to a Member State of the European Union and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, do not belong to a Member State of the European Union and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, do not belong to a Member State of the European Union and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.The right of withdrawal does not apply to consumers whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices inclusive of statutory value added tax. Any additional delivery and shipping costs shall be indicated separately in the respective product description.4.1 Unless otherwise indicated in the Seller’s product description, the prices indicated are total prices inclusive of statutory value added tax. Any additional delivery and shipping costs shall be indicated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases which are not the responsibility of the Seller and which must be borne by the Customer. These may include, for example, costs for money transfers by credit institutions (e.g. transfer fees, exchange fees) or import duties and taxes (e.g. customs duties). Such costs may also arise in connection with money transfers even if delivery is not made to a country outside the European Union and the Customer makes payment from a country outside the European Union.For deliveries to countries outside the European Union, additional costs may arise in individual cases which are not the responsibility of the Seller and which must be borne by the Customer. These may include, for example, costs for money transfer by credit institutions (e.g. transfer fees, exchange fees) or import duties and taxes (e.g. customs duties). Such costs may also arise in connection with money transfers even if delivery is not made to a country outside the European Union and the Customer makes payment from a country outside the European Union.
4.3 Payment options will be communicated to the Customer in the Seller’s online store.
4.4 In case of selecting a payment method offered by “mollie”, the payment processing will be carried out by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, The Netherlands (hereinafter: “mollie”). The individual payment methods offered by mollie will be communicated to the Customer in the Seller’s online store. mollie may use other payment services for payment processing, for which special payment conditions may apply, and the Customer will be informed separately if necessary. Further information about “mollie” can be found on the Internet atIn case of selecting a payment method offered by “mollie”, the payment processing will be carried out by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, The Netherlands (hereinafter: “mollie”). The individual payment methods offered by mollie will be communicated to the Customer in the Seller’s online store. mollie may use other payment services for payment processing, for which special payment conditions may apply, and the Customer will be informed separately if necessary. More information about “mollie” can be found on the Internet at https://www.mollie.com
5) Delivery and Shipping Conditions
5.1 If the Seller offers to ship the goods, delivery shall be made to the delivery address specified by the Customer within the delivery area specified by the Seller, unless otherwise agreed. The delivery address specified in the Seller’s order processing is decisive for the transaction. In deviation from this, if PayPal is selected as the payment method, the delivery address stored by the Customer at the time of payment with PayPal is decisive.If the Seller offers to ship the goods, delivery shall be made to the delivery address specified by the Customer within the delivery area specified by the Seller, unless otherwise agreed. The delivery address specified in the Seller’s order processing is decisive for the transaction. In deviation from this, if PayPal is selected as the payment method, the delivery address stored by the Customer at the time of payment with PayPal is decisive.
5.2 If delivery of the goods does not take place for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with respect to shipping costs if the Customer actually exercises his right of withdrawal. For return costs, the regulation agreed in the Seller’s withdrawal policy shall apply if the Customer actually exercises its right of withdrawal.If delivery of the goods does not take place for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with respect to shipping costs if the Customer effectively exercises its right of withdrawal. For return costs, the regulation agreed in the Seller’s withdrawal policy shall apply if the Customer actually exercises its right of withdrawal.
5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the object sold passes to the Customer as soon as the Seller has delivered the object to the carrier, the freight forwarder or the person or institution appointed to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the object sold only passes to the Customer upon receipt of the object or a person authorized to receive it.if the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the object sold passes to the Customer as soon as the Seller has delivered the object to the carrier, the freight carrier or the person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the object sold only passes to the Customer upon receipt of the object or a person authorized to receive it. In deviation from this, the risk of accidental loss and accidental deterioration of the object sold also passes to the consumer as soon as the Seller has delivered the object to the carrier, the freight forwarder or the person or institution designated to carry out the shipment, if the consumer has commissioned the carrier, the freight forwarder or the person or institution designated to carry out the shipment and the Seller has not previously named this person or institution to the consumer.
In deviation from this, the risk of accidental loss and accidental deterioration of the object sold also passes to the consumer as soon as the Seller has delivered the object to the carrier, the freight carrier or the person or institution appointed to carry out the shipment, if the consumer has commissioned the carrier, the freight carrier or the person or institution appointed to carry out the shipment and the Seller has not previously appointed this person or institution to the consumer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or inadequate own delivery. This only applies if the non-delivery is not the Seller’s fault and the Seller has entered into a hedging transaction with the supplier with due diligence. The Seller shall make all reasonable efforts to obtain the goods. In the event of unavailability or partial availability of the goods, the Customer shall be informed immediately and the consideration shall be reimbursed promptly.The Seller reserves the right to withdraw from the contract in the event of incorrect or inadequate self-delivery. This only applies if the non-delivery is not the Seller’s fault and the Seller has entered into a hedging transaction with the supplier with due diligence. The Seller shall make all reasonable efforts to obtain the goods. In the event of unavailability or partial availability of the goods, the Customer shall be informed immediately and the consideration shall be reimbursed promptly.
5.5 For logistical reasons, in-person pick-up is not possible.For logistical reasons, in-person pick-up is not possible.
6) Domain Reservation
If the Seller provides payment in advance, it retains ownership of the goods delivered until the purchase price due has been paid in full.If the Seller provides payment in advance, it retains ownership of the goods delivered until the purchase price due has been paid in full.
7) Liability for Defects (Warranty)
Unless otherwise stated in the following provisions, legal liability for defects applies. This applies in particular to contracts for the delivery of goods:
7.1 If the Client acts as a company, If the Client acts as a company,
- the Seller has the choice of the type of subsequent performance;
- for new goods, the limitation period for defects is one year from the transfer of risk;
- for used goods, rights and claims for defects are excluded;
- the limitation period does not start anew if a replacement delivery is made within the scope of liability for defects.
7.2 The limitations of liability and abbreviated limitation periods specified above do not apply.
- to damages and claims for reimbursement by the Customer,
- in case of intentional concealment of a defect by the Seller,
- for goods that have been used in accordance with their customary use for a building and have caused its defectiveness,
- for any existing obligation of Seller to provide upgrades for digital products in contracts for the delivery of goods with digital elements.
7.3 In addition, the statutory limitation periods for a possible statutory recourse claim remain unchanged for companies.
7.4 If the Customer acts as a consumer, he is requested to complain to the carrier about goods delivered with obvious damage during transport and to report this to the Seller. If the Customer fails to do so, this does not affect his legal or contractual claims for defects.
8) Special Conditions for Processing Goods to Customer Specifications
8.1 If the Seller, according to the contents of the contract, in addition to the delivery of goods, is also to process the goods according to the Customer’s specifications, the Customer must provide the Seller with all contents necessary for processing, such as texts, images or graphics, in the file formats, formats, image sizes and files specified by the Seller, and grant the necessary rights of use for this. The Customer is solely responsible for obtaining and acquiring rights to these contents.If the Seller, according to the contents of the contract, in addition to the delivery of goods, is also to process the goods according to the Customer’s specifications, the Customer must provide the Seller with all contents necessary for processing, such as texts, images or graphics, in the file formats, formats, image sizes and files specified by the Seller, and grant the necessary rights of use for this. The Customer is solely responsible for obtaining and acquiring rights to these contents.
The Customer declares and assumes responsibility for having the right to use the contents provided to the Seller. In particular, he shall ensure that this does not infringe the rights of third parties, in particular copyrights, trademarks and personality rights.The Customer declares and assumes responsibility for having the right to use the contents provided to the Seller. In particular, he shall ensure that this does not infringe the rights of third parties, in particular copyrights, trademarks and personality rights.
8.2 The Customer releases the Seller from claims of third parties which they may make against the Seller in connection with a violation of their rights due to the contractual use of the Customer’s contents by the Seller. The Customer also assumes the necessary costs of legal defense, including all court and attorney’s fees to the extent permitted by law. This does not apply if the infringement is not attributable to the Customer. The Customer is obliged to provide the Seller, in the event of a third-party claim, promptly, truthfully and completely with all information necessary for the review of the claims and for its defense.
8.3 The Seller reserves the right to refuse processing orders if the contents provided by the Customer for this violate laws or governmental regulations or go against morality. This applies in particular to the provision of contents contrary to the constitution, racist, xenophobic, discriminatory, offensive, dangerous to young people and/or glorifying violence.
9) Applicable Law
For all legal relations between the parties, the law of the Republic of Austria applies, excluding the laws on the international sale of goods. For consumers, this choice of law only applies insofar as the mandatory provisions of the law of the state in which the consumer has his habitual residence remain unaffected.
10) Competent Court
If the Customer acts as a merchant, legal entity under public law or separate estate 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 is the place of business of the Seller.
If the Customer has its place of business outside the territory of the Republic of Austria, the Seller’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract, insofar as the contract or claims arising from the contract can be attributed to the Customer’s professional or commercial activity. However, in such cases, the Seller has the right to bring an action before the court of the Customer’s place of residence.
11) Alternative Dispute Resolution
11.1 The European Commission provides an online dispute resolution platform at the following link: https://ec.europa.eu
This platform serves as a point of contact for the out-of-court resolution of disputes in online purchase contracts or service contracts involving a consumer.
11.2 Seller is neither obligated nor willing to participate in a dispute resolution proceeding before a consumer dispute resolution entity
