Conditions
General terms and conditions with customer information
Table of Contents
scope
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 specific customer specifications
Redeeming promotional vouchers
Applicable Law
Alternative Dispute Resolution
scope
These general terms and conditions (hereinafter "GTC") of Christoph Dreitler, trading under "mau" (hereinafter "seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") with the seller regarding of the goods presented by the seller in his online shop. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.
A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
conclusion of contract
The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
The seller can 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), whereby receipt of the order confirmation by the customer is decisive, or
by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or
by asking the customer to pay after placing his order.
If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end 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 deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. The seller does not make the contract text accessible beyond this.
Before submitting a binding 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 for better recognition of 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 as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
Only German and English are available for the conclusion of the contract.
The order processing and contact usually takes 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 the 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 to process the order can be delivered.
right of withdrawal
In principle, consumers are entitled to a right of withdrawal.
Further information on the right of withdrawal can be found in the seller's cancellation policy.
Prices and terms of payment
Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.
The payment option(s) will be communicated to the customer in the seller's online shop.
When paying using a payment method offered by PayPal, the payment is processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under the validity of PayPal -Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the conditions for payments without a PayPal account, can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
When selecting the payment method "PayPal Credit" (payment by installments via PayPal), the seller assigns his payment claim to PayPal. Before accepting the seller's declaration of assignment, PayPal carries out a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the "PayPal Credit" payment method in the event of a negative test result. If the "PayPal Credit" payment method is permitted by PayPal, the customer must pay the invoice amount to PayPal under the conditions specified by the seller, which are communicated to him in the seller's online shop. In this case, he can only pay to PayPal with a debt-discharging effect. However, even if the claim is assigned, the seller remains responsible for general customer inquiries, e.g. B. to the goods, delivery time, shipment, returns, complaints, cancellation declarations and shipments or credits.
Delivery and shipping conditions
Goods are delivered to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.
Goods that are delivered by a forwarding agent are delivered “free curb”, i.e. to the public curb closest to the delivery address, unless otherwise stated in the shipping information in the seller’s online shop and unless otherwise agreed.
If 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 delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller's cancellation policy applies to the return costs.
In the case of self-collection, the seller first informs the customer by e-mail that the goods he has ordered are ready for collection. After receiving this e-mail, the customer can collect the goods at the seller's registered office after consultation with the seller. In this case, no shipping costs will be charged.
retention of title
If the seller pays in advance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
Liability for defects (warranty)
If the purchased item is defective, the statutory liability for defects applies.
The customer is asked 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, this has no effect whatsoever on his statutory or contractual claims for defects.
Special conditions for the processing of goods according to specific customer specifications
If, according to the content of the contract, the seller owes not only the delivery of goods but also the processing of the goods according to certain specifications of the customer, the customer must provide the seller with all content required for processing such as texts, images or graphics in the file formats, formatting, image and file sizes and to grant him the necessary rights of use. The customer is solely responsible for the procurement and the acquisition of rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, he ensures that no rights of third parties are violated, in particular copyrights, trademarks and personal rights.
The customer indemnifies the seller against third-party claims that they may assert against the seller in connection with a violation of their rights through the contractual use of the customer's content by the seller. The customer also assumes the reasonable costs of the necessary legal defense, including all court and attorney's fees in the statutory amount. This does 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 with all information that is necessary for the examination of the claims and a defense without delay, truthfully and completely.
The 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, insulting, youth-endangering and/or violence-glorifying content.
Redeeming promotional vouchers
Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only in the specified period.
Promotional vouchers can only be redeemed by consumers.
Individual products can be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.
Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
Only one promotional voucher can be redeemed per order.
The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
The balance of a promotional voucher is neither paid out in cash nor does it earn interest.
The campaign voucher will not be refunded if the customer returns the goods that were paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.
The promotional voucher is transferrable. The seller can pay with discharging effect to the respective owner who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the legal incapacity or the lack of the right to represent the respective owner.
Applicable Law
The law of the Republic of Austria applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies 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.
Alternative Dispute Resolution
The EU Commission provides a platform for online dispute resolution on the Internet under 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 in which a consumer is involved.
The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.