§ 1 General - Scope
1. The following general terms and conditions apply to all business relationships between us (iFLOW GmbH) and the customer. The version valid at the time the contract is concluded is decisive.
2. Consumers in the sense of these general terms and conditions are customers who are consumers according to § 1 consumer protection law. Entrepreneurs within the meaning of these general terms and conditions are customers who are entrepreneurs within the meaning of § 1 Consumer Protection Act.
3. Deviating, conflicting or supplementary general terms and conditions do not become part of the contract, even if they are known, unless their validity has been expressly approved in writing.
§ 2 Conclusion of contract and consent to the transmission of information and contract confirmation by email
1. Our offers are subject to change and non-binding. Technical and other changes remain reserved within the scope of what is reasonable for the customer.
2. With the order, the customer declares his contract offer binding.
3. We are entitled to accept the contract offer contained in the order within one week.
4. If we are not supplied in time by a supplier without our fault (reservation of self-supply) or if our performance becomes impossible or unreasonable due to force majeure, strike, lockout, natural disasters without our fault, we can withdraw from the contract. With regard to a consumer, the reservation of self-supply only applies if we have concluded a congruent covering transaction (a binding, timely and sufficient order) and are not responsible for the non-delivery of the goods in any other way. In this case, we will inform the customer immediately and refund any payments already made.
5. In the event of non-availability or only partial availability of the service, the customer will be informed immediately. The consideration will be refunded immediately.
6. If the customer orders the goods electronically, the contract text will be saved by us and sent to the customer in addition to the legally binding general terms and conditions by email after the contract has been concluded. The general terms and conditions will also be made available to the customer before the contract is concluded.
7. Invoices, credit notes, cancellations and reminders are always sent by email. The customer must notify any changes to the email address immediately and ensure that the known email address is retrieved.
8. The customer agrees that all information to be made available according to the Distance and Foreign Trade Act (FAGG) will be sent to him by email.
9. We reserve the right to assign our claims against the customer to third parties.
§ 3 retention of title
1. We reserve ownership of the goods until full payment of the purchase price.
2. The customer is obliged to treat the goods with care while the retention of title exists. The customer must inform us immediately in writing of all third-party access to the goods, in particular foreclosure measures, as well as any damage or destruction of the goods. The customer must immediately inform the customer of a change of ownership of the goods as well as a change of address.
3. The customer has to compensate us for all damage and costs that arise from a breach of these obligations and through necessary intervention measures against third party access to the goods.
4. We are entitled to withdraw from the contract if the customer behaves contrary to the contract, in particular in the event of late payment, and to request the goods out. In addition, we are entitled, in the event of a breach of an obligation according to para. 2 withdraw from the contract and demand the goods out if we can no longer be expected to adhere to the contract.
5. The entrepreneur is entitled to resell the goods in the ordinary course of business. He already assigns to us all claims in the amount of the invoice amount that arise from the resale against a third party and undertakes to make a corresponding note in his books or on his invoices. We accept the assignment. After the assignment, the entrepreneur is authorized to collect the claim. We reserve the right to collect the claim ourselves as soon as the entrepreneur fails to meet his payment obligations properly and is in default.
6. The treatment and processing of the goods by the entrepreneur is always in our name and on our behalf. If the goods are processed, we acquire co-ownership of the new item in relation to the value of the goods delivered by us. The same applies if the goods are processed or mixed with other objects that do not belong to us.
§ 4 right of withdrawal (right of withdrawal) - distance contract / tele and online shopping contracts
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
In order to exercise your right of cancellation, you must provide us (iFLOW GmbH, Zürcherstrasse 20, 6700 Bludenz, Austria, telephone number: +43 5552 20400, email address: email@example.com) with a clear statement (e.g. one sent by post) Letter, fax or email) of your decision to cancel this contract. You can use the attached model withdrawal form, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication regarding your exercise of the right of cancellation before the cancellation period expires.
Consequences of cancellation
If you cancel this contract, we have made all payments that we have received from you, including the delivery costs (with the exception of the additional costs that result from the fact that you chose a different type of delivery than the cheapest standard delivery we offer have) to repay immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You have to send back or hand over the goods to us immediately and in any event no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send the goods back before the period of fourteen days has expired.
You bear the immediate costs of returning the goods. The costs are estimated at a maximum of EUR 500.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the nature, properties and functionality of the goods.
Unless the parties have agreed otherwise, the above right of withdrawal (right of withdrawal) does not apply to the following contracts:
1.Services if the entrepreneur - on the basis of an express request by the consumer in accordance with Section 10 of the Distance and Foreign Trade Act and a confirmation by the consumer of his knowledge of the loss of the right of withdrawal upon full fulfillment of the contract - before the end of the withdrawal period in accordance with Section 11 of the and the Foreign Business Act had started to perform the service and the service was then rendered in full,
2.Goods or services whose price depends on fluctuations in the financial market over which the entrepreneur has no influence and which can occur within the withdrawal period,
3. Goods that are manufactured according to customer specifications or are clearly tailored to personal needs,
4. Goods that can spoil quickly or whose expiry date would quickly be exceeded,
5. Goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene reasons, provided that the seal was removed after delivery,
6. Goods which, due to their nature, have been inseparably mixed with other goods after their delivery,
7.alcoholic beverages, the price of which was agreed when the contract was concluded, but which cannot be delivered earlier than 30 days after the contract was concluded and whose current value depends on fluctuations in the market over which the entrepreneur has no influence,
8. sound or video recordings or computer software that are supplied in a sealed package, provided that the seal was removed after delivery,
9. Newspapers, magazines or magazines with the exception of subscription contracts for the delivery of such publications,
10. Services in the areas of accommodation other than for residential purposes, the transport of goods, the rental of motor vehicles and the delivery of food and beverages and services that are provided in connection with leisure activities, provided that the contract is fulfilled by the entrepreneur at a specific time or period is contractually provided
11. The delivery of digital content not stored on a physical data carrier if the entrepreneur - with the express consent of the consumer, combined with his knowledge of the loss of the right to withdraw from the contract with early performance, and after making available a copy or confirmation in accordance with § 5 para 2 or Section 7 (3) of the Distance and Away Business Act began before the expiry of the cancellation period (withdrawal period) pursuant to Section 11 of the Distance and Away Business Law.
§ 5 Remuneration and Dedication to Payment
1. The following provisions apply in the absence of individually regulated conditions.
2. The prices offered are daily prices and apply until further notice. Prices are subject to change. All prices are shown to entrepreneurs as net prices plus VAT.
3. In the case of a mail order purchase, the price is plus transport insurance and shipping costs, provided that the amounts are shown at the latest before the order process is completed.
4. The payment methods available will be announced before the order process is completed. We reserve the right to exclude individual payment. The customer will be informed of this in good time before the order process is completed.
5. Unless the payment method delivery against prepayment / prepayment has been agreed, the customer undertakes to pay the price within 14 days of receiving the service. After this period the customer is in default of payment. This deadline does not apply to agreed payment by credit card.
6. During the delay, the consumer has the monetary debt with an interest rate of 5 percentage points p.a. to pay interest above the respective base rate.
7. During the delay, the entrepreneur has a monetary debt of 9.2 percentage points p.a. to pay interest above the respective base rate. We reserve the right to demonstrate and assert higher default interest damage to the entrepreneur.
8. The customer undertakes to collect the flat-rate collection fee incurred for the first reminder in the amount of EUR 5.00, for the second reminder in the amount of EUR 10.00, for a possible third reminder in the amount of EUR 15.00 and in particular collection fees or to bear other costs necessary for appropriate legal proceedings
9. The entrepreneur has the right to offset only if his counterclaims have been legally established or are ready for decision or undisputed. The entrepreneur is not entitled to withhold payments to this extent.
10. The consumer has the right to offset only in the event of our insolvency or for counterclaims that have been determined in court, which are ready for decision or are undisputed.
11. Dedication to payment: The customer is obliged to specify the purpose of use specified in our respective invoice for transfers. If the purpose of use does not correspond to that stated in our invoice, the customer is obliged, upon our request, to send us the relevant payment slip or transfer slip by email, fax or post in order to enable reliable payment allocation. Until a sufficient possibility to assign the received payment, there is no fulfilment effect of a payment by the customer.
§ 6 Acceptance of delivery, right of withdrawal in the event of non-acceptance and transfer of risk
1. The customer is obliged to accept the contractually agreed delivery.
2. If the customer is not present at the first delivery attempt at the address specified by him in the order, the deliverer will inform him of the unsuccessful delivery attempt. The customer is obliged to agree a new delivery date with the deliverer or to be present at the new delivery date announced in the delivery notice or to collect the goods in a collection depot specified by the deliverer and to accept the contractually agreed delivery.
3. If an acceptance is not made at the latest on the second delivery attempt, we are entitled to withdraw from the contract without setting a grace period.
4. The risk of accidental loss and accidental deterioration of the goods passes to the customer when the goods are handed over, in the case of mail order purchases to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment. The latter does not apply to contracts with consumers.
5. The handover is the same if the customer is in default with the acceptance.
§ 7 warranty
1. In cases of warranty for material defects, the customer has the choice between rectification and subsequent delivery. However, we are entitled to refuse the chosen type of supplementary performance if it is impossible or if we incur disproportionately high costs compared to the other type of supplementary performance.
In the case of entrepreneurs, we initially guarantee defects in the goods at our option by means of rectification or subsequent delivery.
2. If, despite setting a deadline, there is no sufficient supplementary performance, the customer can choose to reduce the price or, if it is not just a minor defect, withdraw from the contract. Possibly. Claims for damages remain unaffected.
3. Entrepreneurs must examine the delivered goods for defects within a reasonable period and notify us of these in writing within a period of one week from receipt of the goods; Otherwise the assertion of warranty claims is excluded.
4. Hidden defects must be reported to us in writing immediately after they are discovered.
5. In particular, the entrepreneur bears the burden of proof for the existence of a defect, for the time at which the defect was discovered and for the timely notification of the defect.
6. The warranty period for consumers is two years from delivery of the goods.
7. The warranty period for entrepreneurs is one year from delivery of the goods.
For used items, the warranty period is one year from delivery of the goods.
We give no guarantees to our customers in the legal sense.
§ 8 Limitation of liability and exemption
1. We are liable, regardless of the legal reason, for compensation or reimbursement of wasted expenditure in full only for damage to the customer due to willful or grossly negligent behavior, fraudulent concealment of a defect, in the event of the assumption of express guarantees and assured properties and / or properties Shelf life, in the event of damage to life, limb or health, for claims arising from product liability and in the case of mandatory legal regulations.
2. In the event of a simple negligent breach of essential contractual obligations, we are only liable - irrespective of the cases mentioned in paragraph 1 - to the damage typical for the contract and reasonably foreseeable when the contract was concluded. Such duties are duties, the fulfillment of which enables the proper execution of the contract in the first place, the violation of which jeopardizes the achievement of the purpose of the contract and the compliance of which the contracting partner can regularly rely on.
3. Several damage cases that have the same cause of damage are considered one damage event (continuation context; unit of action).
4. Our liability for property damage and financial loss is excluded. As far as applicable, legally binding liability regulations remain unaffected.
5. If our liability to the customer is limited or excluded, this applies accordingly to legal representatives, employees, freelancers and other vicarious agents.
6. We are only liable for our own content on the website of our online shop. As far as we enable access to other websites with links, we are not responsible for the external content contained therein. We do not adopt the third-party content as our own. If we become aware of illegal content on external websites, we will immediately block access to these pages and delete the link.
§ 9 data protection
1. With our "data protection information" we inform our customers about:
• Type, scope, duration and purpose of the collection, processing and use of the personal data required for the execution of orders and billing;
• his right to object to the creation and use of his anonymized user profile for the purposes of advertising, market research and for the needs-based design of our offer;
• the transfer of data to companies commissioned by us and obliged to observe the legal data protection regulations for the purpose and for the duration of the credit check and the dispatch of the goods;
• the right to free information about his personal data stored with us;
• the right to correct, delete and block his personal data stored with us.
• In the event that our claims against the customer are assigned to a third party (assignee), the transfer of the data required for the execution of orders and billing to the assignee.
2. Each of section 1 Additional collection, processing and use of personal data requires the consent of the customer. The customer has the option of giving this consent before declaring his order. The customer has the right to withdraw consent at any time with effect for the future (see "Data protection consent") and the right to view the content of his consent at any time.
§ 10 Special data protection regulations / consent to the use of your data:
1. With the payment method purchase on account or purchase by direct debit, we check whether your request for purchase on account or purchase by direct debit can be met taking into account possible default risks. For this purpose, an identity and credit check for the payment methods "purchase on account" or "purchase by direct debit" is carried out on our behalf.
2. All data transfers take place within the limits of what is legally permissible and will not be passed on to third parties for marketing purposes.
3. By agreeing to these data protection regulations, you consent that we may use your data (first and last name, street, house number, postal code, city, date of birth, telephone number and, when purchasing by direct debit, the account details provided, personal details) for the purpose of identity and credit checks Information) as well as the data in connection with your order (such as shopping cart, order history, payment history, IP address, together with the personal information also the personal data) may be stored, processed and used within the scope of this data protection regulation.
4. You also consent to us or partner companies commissioned by us to transmit your personal information to third parties for the purpose of identity and credit checks, and to be able to receive information about you from them and, if applicable, creditworthiness information based on mathematical-statistical methods. We point out your right to object.
5. With consent to these data protection provisions, we and partner companies commissioned by us are also entitled to store, process, use and transmit data to any non-contractual behavior (e.g. undisputed outstanding claims) and to transmit them to third parties. Third parties store and transmit the data to their contractual partners in the EU internal market in order to provide them with information to assess the creditworthiness of natural persons. Third parties provide address details for debtor identification. When providing information, third parties can additionally inform their contractual partners of a probability value calculated from their respective data stock for assessing the credit risk (score procedure).
6. You also agree that we will pass on the personal data you have collected to our respective merchandising partner, through whom you have requested the contractual goods from us. With your consent, you allow the respective merchandising partner to use your personal data for statistical purposes as well as to improve their offer and for advertising or promotional purposes.
7. In compliance with the relevant data protection regulations, your personal data will only be used for the purpose of identity and credit check for the processing of payment for invoice purchases or for purchases by direct debit (including dunning and collection procedures), to provide customer service through the retailers connected to us as well as disclosure in the case of a legal or official obligation (e.g. fraud and money laundering prevention).
8. We reserve the right to transmit personal data to dealers, third parties or financial partners commissioned by us for the above-mentioned purposes or to grant them access to the extent necessary to fulfill their tasks.
9. We explicitly point out that we transmit your address data (name, address, date of birth) for the purpose of creditworthiness checking and selection of payment methods to the credit agency commissioned by us in the trade register, from whom we provide information on your previous payment behavior and creditworthiness information based on mathematical processes obtain using address data. Payment experience data, in particular about undisputed and unpaid outstanding claims as well as address data will be transmitted to the commissioned and authorized credit agency for lawful use.
10. Upon your request, the company, address, telephone number and e-mail address of the credit agency commissioned by us will be communicated to you immediately.
11. You can revoke your consent to the collection, processing, use or transmission of your personal data at any time. Even in the event of a revocation, we remain entitled to process, use or transmit your personal data insofar as this is necessary or legally required for the contractual processing of invoice purchases or direct debit purchases with us or is required by a court or an authority. You are also entitled to receive information about the data stored by us free of charge and to have this data corrected, blocked or deleted if necessary.
12. If you have any questions in connection with the collection, use, processing or transmission of your personal data as well as for information, correction, blocking or deletion of this data, please write to the company's data protection officer: Thomas Ebster, Tel. +43 5552 20400
§ 11 settlement of disputes
We advise consumers that they can use online dispute resolution to settle disputes.
Link to the online dispute resolution platform: http://ec.europa.eu/consumers/odr/
Our email: firstname.lastname@example.org
§ 12 final provisions
1. Austrian law applies to the exclusion of the conflict of laws provisions. The provisions of the United Nations Convention on Contracts for the International Sale of Goods do not apply. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is habitually resident.
2. Should individual provisions of the contract with the customer, including these general terms and conditions, be or become ineffective in whole or in part, this does not affect the validity of the remaining provisions. In this case, the parties agree to replace the partially or completely ineffective regulation in contracts with entrepreneurs by a regulation whose economic success comes as close as possible to the ineffective one. This also applies if the contract contains a loophole.