Terms of service
General Terms and Conditions
Table of Contents
- Scope and Contracting Party
- Conclusion of the Contract
- Digital Content and Digital Services
- Right of Withdrawal for Consumers
- Prices and Payment Terms
- Delivery and Shipping Conditions
- Collection
- Retention of Title
- Statutory Warranty
- Liability
- Special Provisions for Business Customers
- Applicable Law and Jurisdiction
1. Scope and Contracting Party
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") apply to contracts between
OFERA, Stefan Saurer
Buchenweg 6a/3/4
7531 Kemeten
Austria
Tel.: +43 699 17923101
Email: mail@ofera.at
(hereinafter referred to as the "Seller") and its customers regarding the goods, digital content and other services offered in the online shop.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their self-employed professional activity.
1.3 A business customer is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the course of their commercial or self-employed professional activity.
1.4 Any terms and conditions of the customer that deviate from these GTC shall not become part of the contract unless the Seller has expressly agreed to their applicability.
2. Conclusion of the Contract
2.1 The presentation of products and services in the online shop does not constitute a legally binding offer by the Seller, but rather an invitation to the customer to place an order.
2.2 The customer may place the desired products in the shopping cart and complete the electronic ordering process. Before submitting the order, the customer can review and correct the information entered.
2.3 By clicking the button that completes the ordering process, the customer submits a binding offer to conclude a contract for the products contained in the shopping cart.
2.4 The Seller may accept this offer in particular by sending an express order confirmation, by making ordered digital content available, by dispatching or handing over the ordered goods, or by issuing a corresponding request for payment. An automatically generated confirmation of receipt of the order shall only constitute acceptance if this is expressly stated in its content.
2.5 In exceptional cases, orders may also be agreed outside the online shop, in particular by email or telephone. In such cases, the contract is concluded when the Seller expressly accepts the order.
2.6 Contract processing is generally carried out electronically. The customer must ensure that the email address provided is correct and that emails sent by the Seller can be received.
2.7 The contract may be concluded in German.
3. Digital Content and Digital Services
3.1 In addition to physical goods, the Seller also offers digital content and digital services, in particular digital instructions, guides, PDF files and online courses.
3.2 Unless otherwise stated for the respective product, digital content is provided electronically. It may be made available in particular via a download link, by email or by activating online access.
3.3 Where digital content is to be provided immediately after conclusion of the contract and the customer is a consumer, provision before expiry of the statutory withdrawal period shall only take place subject to the conditions required by law.
3.4 The statutory right of withdrawal for digital content not supplied on a tangible medium may, in particular, expire if the consumer has expressly consented to performance beginning before the expiry of the withdrawal period and has acknowledged that they thereby lose their right of withdrawal, provided that all other statutory requirements are also fulfilled.
3.5 Digital content may only be used within the scope of the rights of use granted. Copyright and other intellectual property rights remain with the respective rights holder. Reproduction, publication, distribution or commercial exploitation beyond the rights of use granted is not permitted without the relevant consent.
4. Right of Withdrawal for Consumers
4.1 Consumers generally have a statutory right of withdrawal in the case of distance contracts.
4.2 Details regarding the right of withdrawal, the withdrawal period, how to exercise the right, the consequences of withdrawal and the statutory exceptions are set out in the withdrawal information provided in the online shop.
4.3 For contracts concluded online, the Seller provides consumers with an electronic withdrawal function in accordance with the applicable statutory requirements.
4.4 Special statutory provisions apply to the right of withdrawal in relation to digital content and digital services.
5. Prices and Payment Terms
5.1 The prices stated in the online shop are total prices and include statutory VAT where applicable. Any additional shipping costs are displayed to the customer before the order is completed.
5.2 The available payment methods are displayed to the customer in the online shop and/or during the ordering process.
5.3 For deliveries to countries outside the European Union, in particular Switzerland, additional charges and costs may arise, such as customs duties, import VAT, processing fees or other import charges. Unless expressly assumed by the Seller, such charges shall be borne by the customer.
5.4 Payments from abroad may also incur additional fees charged by banks or payment service providers as well as exchange rate differences, over which the Seller has no control.
6. Delivery and Shipping Conditions
6.1 Physical goods are delivered to the delivery address provided by the customer during the ordering process. The delivery times applicable to the respective product are stated in the online shop.
6.2 Unless a different delivery period has been agreed, the statutory delivery periods apply.
6.3 For deliveries by parcel service, delivery shall be carried out in accordance with the conditions of the respective shipping service provider.
6.4 Goods which, due to their size, weight or nature, are delivered by freight carrier shall, unless otherwise stated in the respective offer or agreed during the ordering process, be delivered following prior notification to kerbside only.
6.5 "Kerbside delivery" means that the goods are unloaded or handed over at ground level at a location at the specified delivery address that is directly accessible to the delivery vehicle or truck.
Carrying or transporting the goods into buildings, apartments, business premises, basements, upper floors or other rooms, as well as further transport within the property or building, is not part of the agreed delivery service. The customer is responsible for transporting the goods onwards from the agreed unloading point.
6.6 The customer must ensure that the delivery address is properly accessible to the delivery vehicle or truck and that the delivery can be accepted at the agreed location. Any special access restrictions or other circumstances that could significantly hinder or prevent delivery must be communicated to the Seller in good time.
6.7 In the case of consumers, the above provisions concerning the scope of freight delivery do not affect any mandatory statutory provisions governing the transfer of risk.
7. Collection
7.1 Where collection has been agreed, the goods may be collected from the OFERA Warehouse in 7501 Rotenturm an der Pinka, Austria.
7.2 Collection is only possible by prior arrangement and/or after notification by the Seller. The Seller will inform the customer as soon as the goods are ready for collection.
7.3 No shipping costs will be charged for collection unless otherwise agreed.
8. Retention of Title
8.1 The delivered goods remain the property of the Seller until the purchase price has been paid in full.
8.2 In relation to business customers, the Seller retains title to the delivered goods until all outstanding claims arising from the respective business relationship have been settled in full.
9. Statutory Warranty
9.1 Consumers are entitled to the statutory warranty rights, in particular those arising under the Austrian Consumer Warranty Act (Verbrauchergewährleistungsgesetz – VGG), where applicable to the respective contract, as well as the relevant supplementary statutory provisions.
9.2 The statutory warranty applies both to goods offered by the Seller and, where provided for by law, to digital content and digital services.
9.3 If goods or digital services are defective, consumers are entitled to the remedies provided for by law. Statutory warranty rights are not restricted by these GTC.
9.4 Any additional guarantee provided by the manufacturer or Seller exists independently of the customer's statutory warranty rights. A guarantee shall only apply where it has been expressly granted. Statutory warranty rights are not restricted by any such guarantee.
10. Liability
10.1 The Seller shall be liable towards consumers in accordance with the applicable statutory provisions.
10.2 Liability for personal injury and liability under mandatory statutory provisions shall not be restricted by these GTC.
10.3 To the extent permitted by law, the Seller shall not be liable for damage caused exclusively by improper use, use contrary to the intended purpose, or use contrary to the product, safety, installation or operating instructions provided to the customer.
11. Special Provisions for Business Customers
11.1 If the customer is a business customer, the applicable statutory provisions governing commercial transactions shall apply in addition to these GTC.
11.2 Business customers must inspect the goods after delivery in accordance with Section 377 of the Austrian Commercial Code (Unternehmensgesetzbuch – UGB) and notify the Seller of identifiable defects within an appropriate period. If a legally required notification of defects is not made, the consequences provided for by law shall apply.
11.3 In the case of business customers, the risk of accidental loss of or accidental damage to the goods shall pass to the customer upon handover to the freight carrier, shipping company or other third party commissioned to transport the goods, to the extent permitted by law and unless otherwise agreed.
11.4 In relation to business customers, the Seller's liability for property damage and financial loss caused by slight negligence is excluded to the extent permitted by law. This exclusion does not apply to personal injury or other cases in which a limitation of liability is prohibited by law.
12. Applicable Law and Jurisdiction
12.1 The contractual relationship shall be governed by Austrian law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
12.2 In relation to consumers, this choice of law shall apply only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.
12.3 The statutory rules on jurisdiction shall apply to consumers.
12.4 If the customer is a business customer, the court having subject-matter jurisdiction at the Seller's registered place of business shall have exclusive jurisdiction over all disputes arising from the contractual relationship, to the extent permitted by law.
