GENERAL TERMS AND CONDITIONS of C2 Sportschmuck

 

1. Credits and Legal Information

C2 Sportschmuck operates the virtual online shop www.c2-schmuck.com

C2-Sportschmuck                                 Tel: +43 7673 75422

Christian Heiter                                    Fax: +43 7673 75422

Stadtplatz 27/1                                    Mobile: +43 664 53 100 43

4690 Schwanenstadt                           VAT-ID-No.: ATU 56672657
Austria

 

Member of the Austrian Chamber of Commerce

Section: Trade in jewels, watches, art, antiques and stamps.

Purpose of the company: Manufacture of and trade in jewels.

Business description: Trade in any kind of goods

Legal regulations: Industrial Code

Place of fulfilment and place of venue: Seat of company

Regulatory authority: District court Schwanenstadt

 

Right of rescission: 14 days upon receipt of goods

Guarantee: according to legal provisions (24 months)

Owner, editor and publisher of media: Christian Heiter

Address, postal code, place: see address above

Information, provision of data and complaints at: office@c2-schmuck.com

Point of contact: Christian Heiter

 

2. General Provisions

The General Terms and Conditions shall apply to the sale and delivery of goods by C2 Sportschmuck. Purchaser’s conditions deviating therefrom shall only apply if we accepted them in writing or by affixing the company signature. By placing an order, the purchaser acknowledges these General Terms and Conditions and declares to be bound by them.

Our product range is without obligation. The customer’s order shall be an offer to conclude a purchase agreement. The acknowledgement of receipt of the order and subsequent status reports, if any, sent by us shall not be deemed to be an acceptance of the offer. The purchase contract shall only be deemed to have been validly concluded as soon as we deliver the ordered goods and confirm the despatch to the customer.

 

3. Ordering

For a description of how to purchase articles in our shop please see: Help/FAQ

 

4. Language of Contract

The language of contract and business as well as for orders shall be German.

The contents of the contract, all other information, customer service, data and handling of complaints shall only be offered in German.

 

5. Prices

Unless otherwise stipulated all prices stated are daily gross prices “ex works”, statutory VAT included, plus all shipping expenses. Should any export or import duties fall due in the course of shipment they shall be borne by the purchaser as well.

Settlement shall be effected in euro. All prices are inclusive of VAT.

 

6. Right of Rescission

Purchasers who are consumers within the meaning of the Consumer Protection Act can rescind a contract concluded in connection with a distant selling transaction (or a contract declaration given in the course of a distant selling transaction) within 14 days after receipt of delivery of the goods ordered. In case of a rescission of contract, the purchase price shall only be reimbursed in whole or in part concurrently upon the return of the goods received by the purchaser. However, this shall only apply subject to the condition that the goods are unused and in a condition in which they can be resold as "new" and are sent back in the original packaging if possible. The customer shall bear the costs.

 

Revocation and Rescission for German Consumers

If the customer is a consumer, he/she can revoke the contract declaration via letter, email or fax or by returning the goods within 14 days without stating any reasons. This 14-day-period shall commence upon receipt of the goods. Timely despatch of the revocation letter or the goods shall be sufficient in order to observe the period of revocation. The revocation letter must be sent to our company address.

In case of an effective revocation, the goods and services received by both parties are to be returned and any benefits derived therefrom are to be relinquished. If the customer cannot return the goods in whole or in part or only in a deteriorated condition, he/she shall be obliged to compensate us for any loss in value. This shall not apply to any delivery of goods if such deterioration of the goods is exclusively due to their examination - as it would have been possible in a retail shop. In addition, the customer can avoid any liability for compensation of any decline in value if he/she does not use the goods as an owner would and if he/she refrains from any action which could lead to a decline in value.

The ordered goods are to be returned to us. In case of a return of goods of a delivery the total order value of which amounts to not more than 40.00 euros, the customer shall bear the costs for the return of goods provided that the delivered goods correspond to the ordered goods. In any other case, the costs for a return of goods shall be borne by us.

 

7. Delivery

Scope of Services / Delivery: C2 Sportschmuck reserves the right to change the contents of the service offering of www.c2-schmuck.com at any time. If all ordered goods are not available for delivery immediately, those goods which can be delivered immediately will be so delivered and the other goods shall be delivered as soon as they are available. Shipping costs shall be invoiced separately. Delivery shall be effected via registered mail.

 

8. Terms of Delivery

Normally, delivery shall be effected within 5 working days upon order confirmation but in any case within the statutory term of delivery of 30 days from the day of order. Should delivery be delayed in exceptional cases, we will contact the customer immediately after learning of the delay, however, in any case before the end of such 30-day-period and obtain the customer’s consent to a later delivery. Should the customer refuse to grant his/her consent, he/she shall be entitled to rescind the contract.

 

9. Shipping Costs:

Within Austria: EUR 3,00 / Europe: EUR 4,00

 

10. Payment Methods / Payment

Payment shall be effected within 14 days after receipt of goods via bank transfer. All relevant data (payment form, bank details) for the bank transfer shall be included with the goods.

In case of a delay in payment we reserve the right to charge default interest in an amount corresponding to usual banking interest rates.

 

Bank details Austria:

Raiffeisenbank Schwanenstadt - routing no.: 34630 / account no.: 400 8272

IBAN: AT 213463000004008272  / BIC: RZOOAT2L630

 

Bank details Germany:

Raiffeisenbank Passau - routing no.: 740 201 00 / account no.: 0008104911

IBAN: DE 49740201000100030734  / BIC: RZOODE77

 

11. Delay in Payment

In case of a delay in payment, collection proceedings shall be commenced automatically. The customer shall bear all costs incurring in connection therewith. Should the collection proceedings by the company not lead to a settlement of the outstanding amount by the customer, the matter shall be handed over to a collection agency. We shall not be liable for any additional costs so incurred.

 

12. Data Protection

The customer acknowledges that the customer data contained in the contract will be stored and processed for the purposes of our accounting, customer evidence and shipping. We will use these data to comply with legal requirements and in order to effect payment transactions.

Customer data will not be forwarded to third parties unless this is absolutely necessary for the execution of the contract. Our contractual partners are informed of our data protection policy and bound thereby.

Should you have any further queries, please contact us at office@c2-schmuck.com.


13. Retention of Title, Warranty, Liability

The goods shall remain our property until full payment. Before full payment of the goods, the customer shall not be entitled to pledge the goods or assign them for security purposes or grant other rights thereto to third parties.

Starting on 1 January 2002, the warranty shall be limited to the statutory warranty period of 24 months.

The customer must inform us of any defects upon delivery if possible and / or upon discovery, whereby the customer being a consumer within the meaning of the Consumer Protection Act shall not suffer any negative legal consequences if he/she fails to do so.

If the purchase is a commercial transaction (B2B) according to Section 1 of the Consumer Protection Act (section 377, paragraph 1 of the Commercial Code), the customer shall be obliged to inspect the goods immediately upon receipt and to immediately inform us of any defect detected.

 

C2 Sportschmuck shall exclusively be liable for any damage in case of intent and gross negligence, except for personal injury. The party having suffered damages must prove the existence of slight or gross negligence, unless it is a consumer transaction. The customer shall not be entitled to any compensation for consequential damage (for defects) or for other property damage and damage of third parties.

 

14. Applicable Law and Place of Venue

If the other contractual party is a consumer, the mandatory provisions of the law of the state in which he/she has his/her habitual residence shall be applied to this contract. Our company seat shall be agreed upon as place of venue for any disputes arising from this contract in case the other contractual party is an entrepreneur. If the other contractual party is a consumer, he/she can either file a complaint against C2 Sportschmuck in Austria or at the courts of the contractual state in which he/she is resident. If the other contractual party has his/her place of residence or habitual residence in Austria at the time this contract was concluded, this contractual party can only file a complaint against C2 Sportschmuck at Austrian courts.

 

15. Place of Fulfilment

Place of fulfilment for the performance of this contract shall be the seat of our company.

 

16. Legal Capacity

With his/her order, the customer confirms his/her legal capacity.

 

17. Copyright

All news, graphics and the design of the website of C2 Sportschmuck shall only serve the purpose of personally informing our customers. The use of the website shall be at the customer’s own risk. All data contained in this website shall be protected according to Section 4 and Sections 87a et seqq. of the Copyright Act. Reproductions, copies and print-outs of the complete website shall only be permitted for the purpose of placing an order with C2 Sportschmuck. Any further processing, copying, distribution and/or public display shall exceed the normal use and shall be deemed a violation of the copyright.

 

18. Links to other Contents

According to section 5, paragraph 1 of the Teleservices Act, we shall only be liable for our own contents. According to section 5, paragraph 2 of the Teleservices Act, we shall not be liable for any links to contents of other providers unless we are positively informed of any illegal or punishable contents and it is technically possible and reasonable to impede their use. We shall not be obliged to verify the contents of third party websites as to their illegality or punishability at regular intervals. As soon as we are informed of any illegal contents of a website of any third party, we shall delete the relevant link from our website. In addition, we would like to expressly point out that we are not able to influence the design and the contents of any linked websites. This is why we hereby expressly dissociate ourselves from all contents of any linked page anywhere on the website, including all sub-sites. This declaration shall apply to all links on this website and to all contents of those sites, to which the customer is directed by any link or banner. Should any contents of these websites violate applicable law, these links shall be deleted as soon as possible upon notice.

19. Newsletter

 By placing an order in the online shop our customers will automatically receive the C2-Sportschmuck newsletter.
This can be cancelled at any time. The link to do this is included in tne newsletter.

20. Miscellaneous

The ineffectiveness, invalidity and/or cancellation of individual provisions shall not affect the effectiveness of the remaining provisions of these General Terms and Conditions. The United Nations Convention on Contracts for the International Sale of Goods as well as all other provisions relating thereto are expressly excluded.

21. Arbitration Board
We accept the internet ombudsman as an out-of-court arbitration board.
Internet Ombudsman
Margaretenstr. 70/2/10
1050 Vienna
www.ombudsmann.at

C2-Sportschmuck

Schwanenstadt, September 2001