Terms and conditions

Table of Contents

1. Scope

2. Conclusion of Contract

3. Right of Withdrawal / Right of Cancellation

4. Prices and Payment Conditions

5. Delivery and Shipping Conditions

6. Reservation of Proprietary Rights

7. Liability for Defects

8. Liability

9. Applicable Law / Jurisdiction

10. Code of Conduct

 

1) Scope

1.1 These General Terms of Business (hereinafter referred to as “GTB”) of claro products GmbH shall apply to all contracts that a consumer or company (hereinafter referred to as “Customer”) enter into with the seller with regards to products and/or services provided by the seller on its Online Shop. The inclusion of the customer’s own conditions is herewith objected to, unless other terms have been stipulated.

1.2 These GTB apply to the purchase of vouchers provided that no other agreement has been expressly agreed upon.

1.3 According to these GTB, a consumer shall be a natural person who makes a legal deal for a purpose which cannot be attributed to its commercial or independent professional business. According to these GTB, a business shall be any natural or juridical person or legal entity which cannot be attributed to its commercial or independent professional business.

2) Conclusion of Contract

2.1 The product descriptions contained in the online shop do not constitute a binding agreement on behalf of the seller, but serve only for the purpose of the submission of a contractually binding offer by the customer.

2.2 The customer can submit the offer on the online shop of the seller through the integrated online order form. After having entered his personal data and by means of clicking the button “Complete order” in the final step of the ordering process, the customer submits a legally binding offer of contract with regard to the goods contained in the shopping cart. The customer may also submit the offer to the seller by telephone or email.

2.3 The seller can accept the customer’s offer within five days by sending the customer a written confirmation or a confirmation in text form (fax or email) to the extent that the customer has access to the confirmation, or by delivering the ordered goods to the customer to the extent that the customer has access to the goods, or by requesting payment from the customer after receipt of the order.

Should more than one of the mentioned alternatives be available, the contract becomes effective from that point in time at the occurrence of one of the aforementioned alternatives.

Should the seller not accept the customer’s offer within the aforementioned time period, the offer is seen as rejected, with the consequence that the customer is no longer bound to their declaration of intent.

2.4 The time period for the acceptance of the offer begins on the day the offer is submitted by the customer and ends with the expiration of the fifth day which follows the submittal of the offer.

2.5 The seller’s contractual text will be saved with the submittal of the offer through the seller’s online order form and will be sent to the customer after submittal of his order in addition to the following GTB in written form (E.g. email, fax or letter). Additionally, the contractual text will be archived on the seller’s internet website and can be accessed free of charge through the customer’s password-protected customer account and login data, as long as the customer creates a customer account in the seller’s online shop before submittal of his order.

2.6 Before submitting a binding order through the seller’s online order form, the customer can regularly correct his entries through the usual keyboard and mouse functions. Furthermore, all entries will be shown in a confirmation screen before the binding submittal of the order and can also be changed through the usual keyboard and mouse functions.

2.7 The German language is exclusively used for the conclusion of the contract.

2.8 Order processing and communication generally takes place by email and automated order processing. The customer is to ensure that the email address given at the time of ordering is accurate so that emails sent by the seller are able to be received. In particular, the customer must ensure that the SPAM Filter is set properly so that all emails from the seller or from third parties can be delivered.

3) Right of Withdrawal / Right of Cancellation

Consumers are generally entitled to the right of withdrawal/right of cancellation. Please find further information in the seller’s cancellation policy.

4) Prices and Payment Conditions

4.1 The prices as stated by the seller are total prices and include the legal Value Added Tax. Additional delivery and postage costs may apply and are explicitly stated in the product description.

4.2 Various payment methods are available to the customer. These are listed in the seller’s online shop.

4.3 If a cash order is agreed upon, the payment must be made immediately after the conclusion of the contract.

5) Delivery and Shipping Conditions

5.1 The goods will be delivered to the customer’s delivery address, unless otherwise stated.

5.2 In case the postal carrier sends the delivered goods back to the seller due to the customer’s failed receipt of the goods, the customer will be responsible for the costs of the unsuccessful delivery. This does not apply if the delivery is not possible due to circumstances beyond the customer’s control or if the customer is temporarily impeded to receive the offered service, unless the seller notified the customer a reasonable time in advance about the service.

5.3 If the customer is a company, the risk of an accidental loss or of an accidental deterioration of the goods shall pass to the consumer at the time the goods are handed over to the shipping agent, carrier or other person or company nominated to handle the shipment. If the customer is a consumer, the risk of an accidental loss or of an accidental deterioration of the goods generally passes to the customer or authorized person at the time of delivery of the goods. Notwithstanding, the risk of an accidental loss or of an accidental deterioration of the goods shall also be passed to the consumer at the time the goods are handed over to the shipping agent, carrier or other person or company nominated to handle the shipment if the customer chooses a shipping agent, carrier or other person or company nominated to handle the shipment that was not known to the seller.

5.4 In the case of incorrect or improper self-deliveries, the seller reserves the right to withdraw from any contract made with a customer, which acts as a company. This shall only apply in the event that the seller is not responsible for the non-delivery and is made with a specific covering transaction with the shipping agent. The seller shall take all reasonable measures to supply the goods. In the case of the unavailability or the only partial availability of the goods, the customer will be informed and payment will be refunded immediately.

5.5 For logistical reasons, customer collections are not possible.

6) Reservation of Proprietary Rights

6.1 In the case of contracts with consumers, the seller reserves ownership of the goods until the purchase price has been paid in full.

6.2 In the case of contracts with companies, the seller reserves ownership of the goods until full payment of all claims from a current business relationship have been made.

7) Liability for Defects

If the object of a sale is deficient, the legal provisions shall apply. The following limitations apply:

7.1 For Merchants

  • claims for defects are generally not applicable should a minor defect exist,
  • the seller has the choice of rectification,
  • the limitation period for defects for new products is one year from transfer of risk.
  • the rights and claims for defects in case of used products are generally excluded.
  • the statute of limitation is not renewed if a replacement is provided within the scope of liability for defects.

7.2 The preceding liability and statute of limitation restrictions do not refer to claims for damages and compensation for expenses that the buyer can assert due to defects according to Section 8 of the statutory regulations.

7.3 If the customer is a consumer, he is requested to file a claim to the delivery agent for goods delivered with obvious transportation damage and to inform the seller about it. If the customer does not follow this procedure this has no impact on his statutory or contractual claims for compensation of defects.

7.4 If the supplementary performance takes place through a replacement delivery, the customer is obligated to send the delivered merchandise to the seller within 30 days at the cost of the seller. The return of defective goods must be done in accordance to the legal provisions.

8) Liability

The seller shall be liable for damages and expenses to the customer in contractual, tortious or other legal claims as followed:

8.1 The seller shall bear unlimited liability

  • in case of intent or gross negligence,
  • in case of negligent or deliberate fatal injury, physical injury or injury to health,
  • as a result of a guarantee, unless otherwise stated,
  • as a result of compulsory liability as defined in the Product Liability Law.

8.2 If the seller is in negligent breach of an important contractual obligation, the liability (not according to 8.1) shall be limited to the foreseeable loss for such type of contract. For the purpose of this provision, important contractual obligations shall be understood as those obligations whose fulfilment is crucial for the proper performance of the contract and which the customer may typically expect to be met.

8.3 Incidentally, the seller’s liability in the case of compensation is excluded.

8.4 The above specified liability provisions also apply with respect to the seller’s liability for its vicarious agents and legal representatives.

9) Applicable Law / Jurisdiction

9.1 For any disputes arising out of this contract or of the validity of the contract, the Austrian law applies with the exclusion of the reference provisions of the conflict of law provisions and of the UN Convention on Contracts. Any mandatory, legal provisions that the state in which the consumer is normally a resident of, which are in favour of consumers deviating from this shall remain unaffected.

9.2If the customer is a company as defined by 1.2, the seller’s place of business is agreed as the exclusive place of jurisdiction.

10) Code of Conduct

The seller shall be subject to the following Code of Conduct:

– The seller shall be subject to the Trusted Shops Quality Criteria, which are accessible in the Internet: http://www.trustedshops.de/shopbetreiber/qualitaetskriterien.

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