GENERAL TERMS AND CONDITIONS OF BRANDMIX SALZBURG GMBH
Brandmix Salzburg GmbH (hereinafter referred to as "Brandmix") sells high-quality designer goods and second-hand items – in particular handbags, shoes and jewellery – via its business premises (Dreifaltigkeitsgasse 3, 5020 Salzburg) and its website (www.brandmix.at, hereinafter referred to as the "Brandmix Website").
The following General Terms and Conditions (hereinafter: the "T&Cs") govern all legal transactions between Brandmix and the users of the Brandmix Website (hereinafter: the "Customers") using the Brandmix Website.
By using the Brandmix Website, the Customer agrees to the validity of these T&Cs.
§ 1. Scope of Application and General Information
(1) The T&Cs shall apply to the business relationship between Brandmix and the Customer subject to individual agreements that take precedence over the T&Cs and insofar as the validity of the T&Cs does not conflict with mandatory consumer protection law.
(2) Brandmix objects to the inclusion of other general terms and conditions, including those of the Customer.
(3) Within the framework of these T&Cs, the Customer is considered a consumer insofar as he concludes a contract for purposes that can predominantly be attributed neither to his commercial nor to his self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity.
§ 2 Conclusion of the purchase contract
(1) Sales contracts are concluded exclusively in accordance with the following paragraph and exclusively between Brandmix and the Customer.
(2) From the Customer's point of view, the product descriptions presented on the Brandmix Website are to be understood as non-binding invitations to submit purchase offers to Brandmix (hereinafter: "Orders"). Customers can place orders, in particular using the "Buy" buttons available on the Brandmix Website and the subsequent ordering process. Brandmix reviews orders as soon as possible after receiving them. The Customer declares that he feels bound by this Order for at least 24 hours as a result of placing an Order. An order placed by a Customer is deemed to have been accepted if and as soon as Brandmix confirms the conclusion of a purchase contract to the customer by means of a corresponding confirmation (hereinafter: "Order Confirmation").
§ 3. Object of the Purchase Contract, Price, Quality,
(1) The subject matter of the sales contracts concluded in accordance with §2 are those goods which the Customer specifies in an order and the sale of which Brandmix confirms by sending an Order Confirmation (hereinafter: "Sold Goods"). The purchase price is the price shown on the Brandmix Website, included in the order and confirmed by the Order Confirmation. Purchase prices in this sense are to be understood as final prices including any sales tax, plus any shipping costs.
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(2) Brandmix strives to reflect the quality of available goods in the best possible way through the product descriptions presented on the Brandmix Website. However, differences between product description and product characteristics cannot be completely ruled out for technical reasons. This applies in particular to the colors of the goods available. The Customer acknowledges that product descriptions are to be understood only as orientation material and may have customary deviations as described above. The Customer further acknowledges that such deviations do not constitute defects in the goods sold but are considered minor changes in performance and thus approved.
§ 4. Payment of Purchase Price, Default Interest, Dunning and Collection Costs
(1) Payment of the purchase price owed is to be made by advance payment. In any case, the Customer undertakes to pay the purchase price owed no later than 5 days from the date of receipt of the Order Confirmation.
(2) Brandmix is entitled to demand compensation for any damages incurred as a result of a default in payment by the Customer, as well as default interest in the amount of 10% p.a.
(3) The Customer is obliged to bear any dunning and collection costs if such costs arise as a result of a default in payment on the part of the customer.
§ 5. Shipping, delivery time, shipping costs
(1) The goods sold will only be shipped after receipt of the purchase price owed on Brandmix's business account and then within a period of 5 days.
(2) Brandmix will ship all goods sold using the Brandmix Website by post. Specific delivery times depend on the location to which the Sold Goods have to be shipped. In this respect, they cannot be conclusively predicted. Brandmix strives to ensure the fastest possible delivery. However, Brandmix assumes no liability for delays caused by shipping companies.
(3) Shipping costs shall be borne by the Customer in the amount specified in the order and confirmed by the Order Confirmation.
§ 6. Transport Damage
(1) If Sold Goods are delivered with obvious transport damage, the Customer is requested to complain about this damage directly to the shipping company and to inform Brandmix accordingly.
§ 7. Withdrawal and Revocation
(1) In the event of good causes, in particular in the event of default of payment or acceptance on the part of the customer, Brandmix shall be entitled to withdraw from the contract. As a result of a withdrawal from the contract, Brandmix is entitled to otherwise utilize or sell Sold Goods and, in addition, to demand compensation from the customer for any damages caused by the Customer's conduct that entitles the Customer to withdraw.
(2) If the Customer is a consumer, the Customer is entitled to revoke the purchase contract within 14 days and without giving reasons in the event of a purchase contract being concluded at a distance (§§ 4 et seq. FAGG). The said period begins with the customer's receipt of the goods sold. A corresponding revocation is made by means of a clear and timely declaration of revocation (e.g. by postal mail or e-mail) to Brandmix:
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Brandmix Salzburg GmbH
Dreifaltigkeitsgasse 3, 5020 Salzburg
E-mail: info@brandmix.at
If the Customer makes use of such a right of withdrawal, he is obliged to return already received Sold Goods to Brandmix at his own expense. In this case, Brandmix is obliged to repay all payments previously received by the Customer, including the costs for the delivery of the sold goods to the Customer, without undue delay and at the latest within fourteen days from the day on which the notification of the revocation of the contract was received by Brandmix. For this purpose, Brandmix will use the means of payment used by the customer for the original payment of the purchase price, unless another form of repayment has been expressly agreed with the Customer. In no case will the customer be charged any fees for the repayment. However, Brandmix may refuse to reimburse until Brandmix has received the Sold Goods back. The Customer is obliged to pay for any loss in value of the goods sold if and to the extent that this loss of value is due to handling of the goods sold that was not necessary to check the nature, properties and functioning of the goods sold.
§ 8 Retention of Title
Sold Goods remain the property of Brandmix under all circumstances until the purchase price owed has been paid in full.
§ 9. Final Provisions
(1) The language of the contract shall be German.
(2) Purchase contracts between Brandmix and the Customer are subject to the law of the Republic of Austria to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
(3) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the court with jurisdiction over the subject matter at Brandmix's place of business shall have jurisdiction for all disputes arising from contractual relationships between Brandmix and the buyer. This also applies if the Customer does not have a general place of jurisdiction in Austria or the EU or if the place of residence or habitual residence is not known at the time the action is filed.