general terms and condition
1. General information
All transactions and all future and present legal relationships between us, lifestyle-shop (Kevin Kronschläger Einzelunternehmen) and our customers shall be governed exclusively by the following terms and conditions. Deviating regulations shall only apply if they have been agreed in writing between the customer and us. All terms and conditions of our customers are not binding on us, even if we do not expressly reject them. With the conclusion of a contract our customer is subject to our AGB's.
2. conclusion of contract
Only persons who have reached the age of 18 and are not limited in their legal capacity at the time of conclusion of the contract are entitled to conclude a contract with the online shop.
Our offers on the Internet are a non-binding offer to the customer to order goods in the online shop.
By ordering goods from the online shop on the Internet, the customer conclusively submits a binding offer to conclude a purchase contract.
The online shop is entitled to accept this offer within 1 calendar day by sending an order confirmation. The order confirmation takes place by e-mail, at the latest however with delivery of the commodity. After unanswered expiration of the 14-day period, the offer shall be deemed rejected.
3. delivery times
All articles are delivered immediately, if available from stock and only while stocks last.
The delivery takes place worldwide. The delivery time is usually 15-20 working days and begins with the dispatch of the order confirmation. The indication of the delivery time is not binding, unless there is a written agreement to the contrary.
Should an article not be available at short notice, we will inform you by e-mail about the expected delivery time, if we have an address from you.
Some items have a longer delivery time (will be noted in the product view).
If the delivery is delayed by the fault of suppliers and omitted (impossibility), the online shop is not responsible for it.
Claims for damages against us due to delayed delivery/service or non-performance are excluded. Partial services already rendered must be accepted and paid for by the customer. Partial deliveries and partial invoicing are permissible, whereby such are to be paid by the customer at the stipulated terms of payment.
4. Packaging and shipping
For delivery worldwide, the online shop charges a pro rata lump sum, regardless of the number and weight of items.
Our goods shall be dispatched by the supplier at the risk of the customer, even if the freight and other costs are borne by us. We do not insure the goods against transport damage. The risk shall pass to the customer when the goods are handed over to the carrier etc., even in the case of partial delivery, even if this was arranged by us, or if we have assumed the shipping costs. Transport damages are to be reported immediately to the deliverer.
More shipping details you find here.
5. Prices and payment
5.1 All indicated prices are final prices, which contain the legal value added tax.
5.2 The final prices include the costs for packaging and shipping.
5.3 By the constant actualization of the Internet sides of the Onlineshops, at an earlier time given data concerning price and condition of the commodity lose their validity. Errors and misprints excepted.
5.4 The price shown at the time of the submission of the customer's offer is decisive for invoicing.
5.5 The payment of the goods takes place via Paypal, Apple Pay or our selected credit cards. Exceptions should only be valid if made in writing between us and the customer.
5.6 The customer is obliged to pay the invoice amount immediately upon check-out.
5.7 If the customer has not fulfilled his payment obligation after the expiry of the period specified in paragraph 6, the online shop reserves the right to charge the customer additional reminder and processing fees.
5.8 If the customer defaults on payment, we shall be entitled to charge default interest at the statutory rate. Our right to assert any further claims for damages shall remain unaffected thereby.
6. retention of title
The delivered goods remain our property (reservation of title) until full payment has been made. If the customer is in default of payment, we shall be entitled to take back the goods. This does not constitute a withdrawal from the contract, unless this is expressly declared.
7. warranty
7.1 The customer's claims against us based on a defect in the goods shall be governed by the statutory provisions. All resulting claims entitle us to hold us harmless against the manufacturer and supplier of the goods. We are therefore not liable for defects in the goods which are the subject of a complaint.
7.2 The customer undertakes to inspect the goods on receipt for any defects and to inform us immediately if such defects are discovered. Should the customer not have inspected the goods for defects upon receipt, the goods shall be deemed to have been approved.
7.3. Defects in the goods do not include damage caused by the customer due to improper or non-contractual handling. Decisive for the impropriety and non-conformity with the contract are the details provided by the manufacturer of the goods.
7.4. The warranty period corresponds to the statutory minimum duration. It begins to run with the receipt of the commodity. The burden of proof that a defect for which we are responsible existed at the time of delivery lies exclusively with the customer. The warranty period shall not be extended due to the rectification of defects.
7.5. At our discretion, warranty claims can be fulfilled in such a way that the defect is remedied or replaced by a defect-free product or a reasonable price reduction is granted, in particular if such remedy would not be possible or only at disproportionately high costs from our point of view. If the goods delivered by us are modified, improperly handled or processed by the customer, any warranty or compensation obligation on our part shall lapse. We shall only be liable for the costs of remedying a defect ourselves by the customer if we have given our written consent to do so.
8. limitation of liability
All claims for damages against us are excluded, irrespective of the legal basis on which they are derived, in particular also due to breach of contract and at the time of conclusion of the contract, but also in accordance with the provisions of the Product Liability Act for personal injury, property damage and financial loss caused by a defect in the goods, whereby claims for compensation for consequential damage, such as loss of production or loss of profit and the like are excluded entirely, unless we are guilty of intent or gross negligence, in which case the burden of proof lies with the customer. Claims for damages shall in any case exclusively include the pure costs of remedying the damage, but not also consequential damage, loss of profit or the like. All claims for damages and possible recourse claims against us must be asserted in court within six months, otherwise they expire.
9. data protection
The customer agrees that his personal data received by the online shop as part of the business relationship may be stored and processed electronically. It is pointed out that data determined in accordance with this provision is collected and processed exclusively for the purpose of providing services, in particular for the purpose of order processing and accounting. The online shop does not pass on customer data to third parties.
10. copyright
All logos, pictures and graphics are property of the respective companies and are subject to the copyright of the respective licensors. All photos, logos, texts, reports, scripts and programming routines shown on these pages, which are our own developments or have been prepared by us, may not be copied or used in any other way without our consent. All rights reserved.
11. Place of jurisdiction, place of performance, choice of law
11.1 The exclusive place of jurisdiction for all disputes arising directly or indirectly from this delivery transaction shall be the competent court in 4600 Wels, Austria.
11.2 Place of performance is 4723 Natternbach, Austria.
11.3 All disputes that may arise from this legal relationship shall be governed exclusively by Austrian law to the exclusion of the conflict of laws rules. The application of UN sales law is excluded.
12. Validity of the AGB
By placing an order, the customer accepts the general terms and conditions of the online shop. Should any provision of these General Terms and Conditions, for whatever reason, be null and void, the validity of the remaining provisions shall remain unaffected thereby. Verbal agreements require written confirmation in order to be effective.