General Terms and Conditions (GTC) und Consumer information
General terms and conditions and consumer information governing the sales agreements made between Birgit Baumann (in the following referred to as “Seller”) and customers (in the following referred to as “Customer”) in the online shop.
§1 Scope and general information
(1) Pending individual agreements and conditions, which take precedence over these GTC, the following General Terms and Conditions alone shall apply to the business transaction between the Seller and the Customer. Unless otherwise agreed, the Customer’s own conditions will not be deemed valid.
(2) The Customer is defined as a consumer if he/she enters into the agreement for purposes largely unrelated to his/her commercial or self-employed occupation. An entrepreneur, on the other hand, is every natural person or corporate entity or a legal partnership that, on concluding a legal transaction, acts as a commercial or self-employed entity.
§2 Conclusion of Agreement
(1) The sales agreement is entered into with:
Mag. Birgit Baumann, Streffleurgasse 14/24, A-1200 Vienna, Tel.: +43 699 12 57 36 61, E-Mail: birgit.baumann@businessmind.at
(2) The chief characteristics of the merchandise for sale are as described in the product description uploaded by the Seller.
(3) With the provision of the merchandise in the online shop we are making a binding offer to conclude the sales agreement for these items. The agreement comes into effect when you return the completed order form to us.
§3 Subject of the Agreement, Nature, Delivery, Availability
(1) The subject of the agreement is the goods and services specified by the Customer in the order and/or named in the order confirmation, at the final prices stated in the online shop. Mistakes and errors excepted, particularly where the availability of the goods and services is concerned.
(2) The product descriptions provide information about the nature of the ordered merchandise. Images on the internet page may not render the appearance of the merchandise accurately; colours, in particular, could differ considerably for technical reasons. Pictures only serve as visual aids and can differ from the product. Technical information, weight, dimensions and performance descriptions are provided as accurately as possible, but may contain the usual variations. The attributes described here do not constitute defects in the merchandise delivered by the Seller.
(3) If, at the time of the Customer’s order, no exemplars of the specified merchandise are in stock, the Seller shall inform the Customer of this fact in the order confirmation. If the merchandise remains unavailable, the Seller will not accept the order. A sales agreement does not come into effect in this case.
(4) If the merchandise specified by the Customer in the order is only temporarily unavailable, the Seller shall equallypromptly inform the Customer of this fact in the order confirmation. In the event of a delivery delay of more than two weeks, the Customer shall be entitled to cancel the agreement. In this case the Seller shall likewise be entitled to cancel the agreement. The Seller undertakes to refund the Customer’s pre-payment without delay.
§4 Delivery, Prices, Shipping Costs
(1) The order will be dispatched to the shipper at the latest three days following receipt of payment. The Seller shall provide information about possible delivery delays on the respective product page. (Valid for item: Book “Blossoming Workshops and Seminars Guaranteed to Succeed”)
(2) All merchandise prices include statutory VAT. The listed prices are final prices excluding shipping costs. The Customer shall receive an invoice with the VAT separately shown.
§ 5 Payment
Payment is made in advance (PayPal, bank transfer).
§6 Shipping Damage
(1) If the merchandise is delivered showing obvious signs of shipping damage the Customer is asked to claim said damage on delivery and to contact the Seller as soon as possible.
(2) Failure to claim or to notify the Seller will not affect statutory warranty rights in any way, but will help the Seller enforce own claims against the shipping company and transport insurance .
§7 Proprietary Rights
The delivered merchandise shall remain the property of the Seller until fully paid.
§8 Liability
Legal regulations apply.
§9 Closing Remarks
(1) Language of the agreement is German.
(2) The law of the Republic of Austria shall apply to agreements between the Seller and the Customer excluding the laws governing the international sale of movable goods. This choice of law shall only be applicable to consumers who have not been deprived of the rights of protection under the binding regulations of the country of the consumer’s habitual residence.
(3) Sole place of jurisdiction for all disputes arising from the sales agreements between the Customer and the Seller shall be the Seller’s business location.
§10 InformationAboutOnline Dispute Resolution
(1) The EU Commission provides the following internet link to an online dispute resolution platform: https://ec.europa.eu/consumers/odr This platform is the first point of contact for out of court dispute resolution in connection with disputes arising from online purchases or service agreements involving consumers.
(2) The Seller is neither legally obligated nor prepared to enter into a dispute resolution procedure before a consumer arbitration board.
