Terms of service

oskari GmbH terms of service for the online shop www.oskari.at

(Valid from 1 October 2014)

 

oskari GmbH
Production & office: oskari GmbH, Villacher Strasse 95, 9800 Spittal an der Drau, Austria

1. SCOPE OF APPLICATION
1.1. These terms of service of oskari GmbH (hereafter the “seller”) apply to all contracts the customer enters into with the seller with regard to the products listed in the seller’s online shop and sold through distance selling. Conflicting or supplementary terms of the customer shall not apply. Without exception, such terms shall only apply if they have been expressly agreed in writing with the seller in individual cases. Action taken by the seller to fulfil contractual obligations shall not be considered agreement with terms which conflict with or supplement these terms of service. 

1.2. Amendments or subsidiary agreements must be confirmed in writing by persons authorised to represent the seller and shall only apply to the individual case in question. Neither employees of the seller nor subcontractors named before the start of the contract are authorised to agree to amendments or subsidiary agreements to these terms of service. 

1.3. Customers within the meaning of section 1.1 are both consumers and contractors, whereby a consumer is any natural person who conducts a legal transaction for a purpose which can be attributed neither to their commercial nor their self-employed professional activity. A contractor, on the other hand, is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity. 

1.3. Deliveries shall only be made to customers whose place of residence or registered office is in Austria or Germany.

 




2. CONTRACTING PARTY
The purchase contract is concluded with oskari GmbH, Villacher Strasse 95, 9800 Spittal an der Drau, Austria.


3. PRODUCTS OFFERED AND CONCLUSION OF CONTRACTS
3.1. Products
3.1.1. The seller sells high-quality shoe and boot drying systems made from various materials, plus accessories, in its online shop. 

3.1.2. Please note that the product images shown in the catalogues or in the online shop are intended as symbolic representations and may differ from how the products actually look. Minor visual differences do not constitute defects. 

3.2. Conclusion of contracts 
The products displayed in the seller’s online shop do not constitute any legally binding contractual offer on the part of the seller, and are merely a non-binding invitation to the customer to make a legally binding purchase offer. The seller shall immediately provide electronic confirmation of receipt of the customer’s offer. This does not yet constitute acceptance of the customer’s purchase offer. The seller is entitled to refuse to accept the order. 

The seller shall indicate acceptance of the order by sending an order confirmation by email within five working days of receipt of the order. After this period elapses, the customer is no longer bound by their purchase offer. If the seller cannot fulfil an order because the ordered goods or services are not available, or if the seller does not accept the customer’s offer, the seller shall inform the customer of this by email within five working days of receipt of the order. 

3.3. Order process
3.3.1. The customer can make the offer in writing using the online order form integrated into the seller’s online shop. While doing so, the customer has the opportunity to create a user account in the online shop by entering their personal details (name, address, email address) and a password of their choice. In this case, the personal details entered by the customer will only be stored for the purpose of facilitating and expediting the handling of future orders. The customer can access these data at any time by entering their email address and the password they have selected. The customer also has the option to make a purchase as a guest and to enter their data separately for each order. In this case, the customer’s data will not be stored for future orders, and the customer will have to enter these data again for each future order.

3.3.2. The customer selects the product to be purchased by clicking on the desired product and on the “Add to cart” button. Clicking on the “Continue shopping” button will take the customer back to the product pages. Clicking on the “Checkout” button will take the customer to the next stage of the order process. The customer will see an overview of the products in their cart, and they can update the contents of their cart by changing the number of products or by clicking on the bin icon to delete the selected products. Clicking on the “Continue shopping” button will take the customer back to the product pages. Clicking on the “Checkout” button will take the customer to the next stage of the order process. Once the customer has registered or logged in (if they are a registered customer), or once the guest customer has entered their personal details and billing address and selected their desired delivery and payment terms, the customer can make a legally binding purchase offer for the items in their cart by clicking on the “Place order” button. This will complete the order process. The customer can change the products in their order at any time until the moment they place their order by changing the number of products or by clicking on the bin icon to remove products from their order. They can also cancel the order in its entirety. All information entered before making the binding purchase offer will be displayed again in a confirmation screen, where it can be corrected. Before making their binding purchase offer, the customer must expressly declare that they have read these terms of service and the refund policy. By placing the order, the customer acknowledges that the legal relationship with the seller will be governed solely by these terms of service. The seller shall inform the customer once the order process is complete. This does not yet constitute acceptance of the customer’s offer. 

3.4. The order information and the invoice shall be stored by the seller and can be accessed by the customer for a limited period of time after placing the order (but for no less than 6 months) using their password-protected account, provided that the customer created a customer account in the seller’s online shop before placing their order. 

3.5. Orders shall be processed and contact made by email and automated ordering processes. The customer must ensure that they provide the right email address when placing their order, so that they can receive the emails sent by the seller at this address. In particular, the customer must take care when using spam filters so that they receive all emails sent by the seller or by third parties engaged by the seller to process the order. 

3.6. Conclusion of contracts for deliveries of goods through distance selling not involving the online shop: 
3.6.1. The customer can also make a legally binding offer in writing by email or letter, or by making a telephone call. 

3.6.2. The seller shall immediately provide electronic confirmation of receipt of the customer’s offer. This does not yet constitute acceptance of the customer’s purchase offer. The seller is entitled to refuse to accept the order. 

The seller shall indicate acceptance of the order by sending an order confirmation by email within five working days of receipt of the order. After this period elapses, the customer is no longer bound by their purchase offer. If the seller cannot fulfil an order because the ordered goods or services are not available, or if the seller does not accept the customer’s offer, the seller shall inform the customer of this by email within five working days of receipt of the order.


3.6.3. Orders shall be processed and contact made by email and automated ordering processes. The customer must ensure that they provide the right email address when placing their order, so that they can receive the emails sent by the seller at this address. In particular, the customer must take care when using spam filters so that they receive all emails sent by the seller or by third parties engaged by the seller to process the order.

 

 

4. RIGHT OF WITHDRAWAL
The refund policy below applies solely to consumers. Contractors have no right of withdrawal.



Refund policy
 

You have the right to withdraw from this contract within fourteen days with giving any reason.

The withdrawal period is fourteen days from the day you or a third party designated by you, who is not the carrier, took possession of the goods. 

In order to exercise your right of withdrawal, you must contact us at 

oskari GmbH

Villacher Strasse 95
9800 Spittal an der Drau, Austria
Tel.: +43 (0)676 841 577 100
Email: info@oskari.at

with a clear declaration (e.g. a letter sent by post or an email) informing us of your decision to withdraw from the contract. You can use the attached withdrawal form template, though this is optional. 

In order to maintain your right of withdrawal, you must send us your letter or email indicating your decision to exercise your right of withdrawal before the withdrawal period expires. 


 




Consequences of withdrawal

If you withdraw from this contract, we are required to refund all payments we have received from you, including the delivery costs (excluding the additional costs incurred if you chose a type of delivery other than the cheapest standard delivery offered by us), immediately and no later than within fourteen days from the day we receive notice of your decision to withdraw from this contract. We will use the same method of payment for this refund that you used when making the original transaction, unless we have expressly agreed an alternative method with you; under no circumstances will you be charged any fees on account of this refund. We may refuse to refund you until we have received the goods or until we have received evidence that you have sent the goods back to us, whichever is the earlier.

You must return or send the goods back to us immediately and in any case no later than within fourteen days from the day you informed us of your decision to withdraw from this contract. The withdrawal period is maintained if you send the goods to us before the fourteen-day period expires. You bear the direct costs of sending the goods to us. If we incur costs while collecting the goods sent back to us, we are entitled to deduct an appropriate amount from the refund or charge you an appropriate amount.

You will only have to pay for any loss of value of the goods if this loss of value can be attributed to handling which was not necessary in order to assess the condition, properties and functionality of the goods.

 

 

Suspension of the right of withdrawal

The consumer does not have any right of withdrawal for contracts involving goods:

which were produced to customer specifications or were clearly customised to individual needs;

which were inseparably combined with other goods after delivery as a result of their condition.




General information
Please note that the following is not a prerequisite for effective exercise of the right of withdrawal:

Please do not damage or contaminate the goods. We request that you send the goods back to us in the original packaging with all accessories and all packaging components, as far as possible. If you no longer possess the original packaging, please provide suitable packaging which will ensure sufficient protection from damage during shipment. If lost, worn, damaged or contaminated packaging results in a loss of value of the goods which can be attributed to handling which was not necessary in order to assess the condition, properties and functionality of the goods, an obligation to pay compensation for loss of value may be triggered.




 

5. PRICES AND PAYMENT TERMS
5.1. The prices indicated by the seller are final prices, i.e. they include all price components, including the VAT applicable in Austria. The prices used for invoicing are the prices valid at the moment the order was placed.

 

5.2. The sales prices indicated in the online shop exclude a flat rate for shipping and packaging, which is broken down on the “Shipping policy” page.

 

5.3. The seller offers the customer a choice of the following payment methods, unless alternative methods are specified in the respective product page.

Advance payment by bank transfer

PayPal

 

For more information on the individual payment methods, see the “How to pay” section.

 

5.4. Payment must be made into the seller’s bank account within 7 days of concluding the contract. The order will only be shipped once payment has been received, or once payment confirmation has been received if paying by PayPal or credit/debit card.

5.5. In the event of late payment, regardless of the culpability for the late payment, consumers will be charged interest on arrears of 4% per year and contractors will be charged interest on arrears of 12% per year plus compound interest at the rate permitted by the law. In addition, in the event of culpable late payment the customer is required to reimburse the seller for all further losses incurred, in particular the losses resulting from higher interest on any credit accounts of the seller caused by non-payment, and to refund all necessary costs incurred by the seller for the purpose of recovering the receivables, such as legal fees and the costs of engaging debt collection agencies. Without prejudice to the assertion of further rights and claims, contractor customers are required by section 458 of the Austrian Commercial Code (UGB) to pay a flat fee of €40.00 as compensation for the recovery costs.

5.6. The customer is only entitled to offset this against their own claim against the seller if the seller is unable to make payments, the customer’s claim is in the legal context of their liability, or the customer’s claim is uncontested, has been legally established or has been accepted by the seller. 

5.7. The customer can only exercise a right of retention if the claims relate to the same contractual relationship. It is expressly stated that contractor customers have no right of retention.

5.8. Payments are made in euros.

5.9. Any reimbursement of payments made by you shall be made using the payment method you used when placing your order.

5.10. The data you provide will not be stored by us, though it may be stored by the respective payment service provider.




6. DELIVERY AND SHIPPING TERMS, DEFAULT OF ACCEPTANCE, TRANSFER OF RISK
6.1. Goods are shipped by the DPD delivery service to the delivery address specified by the customer, unless otherwise agreed. When processing transactions and orders, the delivery address provided by the customer when placing their order via the seller’s online shop is used. 

6.2. Delivery time from receipt of payment or of payment confirmation for PayPal or credit card payments is between 2 and 10 working days within Austria, and between 4 and 10 working days to Germany. If an item is not in stock or cannot be delivered immediately, and the delivery time is extended as a result, this will be indicated separately on the product page. 

6.3. If goods cannot be delivered to the customer, the shipping company engaged by the seller will send the goods back to the seller and the customer shall bear the costs of the unsuccessful delivery. This does not apply if the customer is not responsible for the unsuccessful attempted delivery. 

6.4. If the customer defaults on acceptance, the seller is entitled to set an appropriate period of grace, after which the seller may withdraw from the contract and use the goods in other ways, or to insist on fulfilment of the contract. If the customer is responsible for default of acceptance, they are required to reimburse the seller for the losses caused by the delay. If the purchase price has already been transferred, this will be transferred back to the customer, minus the transport costs and any indemnities for losses to which the seller is entitled. 

6.5. If the customer is a consumer, the goods will be sent at the risk of the seller. The risk of loss or damage to the goods shall only be transferred to the customer once the goods have been delivered to the customer or to a third party designated by the customer who is not the carrier. If the customer is a contractor, the goods will be sent at the risk of the customer, i.e. the customer bears the risk during shipping. 

6.6. In the event the goods are to be collected by the customer, the seller shall initially notify the customer by email that the goods they have ordered are ready to collect. Once the customer has received this email, they can arrange to collect the goods from the seller. If the ordered goods have not been collected within 7 working days of notification, the consequences of defaulting take effect and the seller is entitled to set an appropriate period of grace, after which the seller may withdraw from the contract or insist on fulfilment of the contract. Any claims for damages made by the seller in the event of culpable default of acceptance remain unaffected by this right of the seller to choose the course of action. If the goods are collected by the customer, no shipping costs will be charged.

 

 




7. RETENTION OF TITLE
Until payment has been made in full, the delivered goods remain the property of the seller. The customer bears the overall risk for the goods subject to retention of title, in particular the risk of destruction, loss or damage. When the seller delivers the goods, the customer shall at that stage assign to the seller their claims arising from the sale of goods against third parties until the customer has made final payment of their liabilities. The seller shall accept this assignment. If requested by the seller, the customer shall name their instructing party and shall notify them of the assignment. The assignment shall be indicated in the business records, delivery notes, invoices etc. for the acceptor. If the customer is in arrears with payments to the seller, proceeds of sales received by the customer shall be separated and the customer shall only hold these proceeds on behalf of the seller. Any claims against an insurer are already assigned to the seller within the limits of section 15 of the Austrian Insurance Contract Act. 

It is agreed that no withdrawal from the contract is effected by the assertion of the retention of title, unless the seller expressly declares their withdrawal from the contract. 

If the seller asserts their retention of title and recalls the goods, the credit note for the goods recalled through assertion of the retention of title shall be issued in consideration of a price reduction taking into account the duration of storage and the wear. The customer shall bear the costs for shipping the goods back to the seller.

 




8. LIABILITY FOR DEFECTS
8.1. If there is a defect in the item purchased at the moment it is transferred from the seller to the customer, the legal provisions apply with the exception of the deviating provisions for contractors (see section 8.3.) 

8.2. For consumers, the statute of limitation for warranty claims is two years from delivery of the goods to the customer. If the seller is responsible for the defect, as a result of the defect the customer can claim compensation for damages themselves instead of asserting warranty claims within three years from becoming aware of the damage and the injuring party in accordance with section 933a of the Austrian Civil Code. 

8.3. For contractors, the following provisions which deviate from the law apply:


The customer bears the burden of proof for the existence of a defect.
The statute of limitations is one year from transfer of the risk. Within this period, claims for defects must be established by judicial process unless otherwise precluded.
In principle, an insignificant defect does not justify a claim for defects.
The seller is free to choose the warranty remedy.
If the customer engages a third party to take corrective action, the seller shall in no circumstances be required to reimburse the costs for this action.
The statue of limitation does not begin again if replacement goods are delivered as part of the warranty for defects.

8.4. If the customer is a contractor as defined by section 1 of the UGB, the commercial duty to examine and object to defects in accordance with section 377 of the UGB applies. In this case, the customer is required to give written notice of objection to any defects as soon as the goods are received and no later than within 5 working days, or within 3 working days in the event of discovery of hidden defects. The objection must have sufficient justification and be substantiated with supporting evidence. If the customer does not object to defects within these periods, the goods are deemed to be approved. 
8.5. The previous provisions in sections 8.3. and 8.4. apply equally, regardless of whether claims are asserted because of the defect itself on the basis of the warranty or by way of compensation for damages in accordance with section 933a of the Austrian Civil Code. Without exception, the provisions of section 9. apply to consequential damages caused by defects. 

8.6. The warranty shall be voided in the event of defects caused by the customer. This applies in particular to improper handling, misuse or unapproved attempts to make repairs. 

8.7. If the customer is a consumer, they are asked to make a complaint to the carrier as soon as they become aware of obvious transport damage to the delivered goods and to notify the seller, or to notify the seller within 5 working days in the event of hidden transport damage, so that the seller can make an insurance claim. If the customer does not meet this obligation, this will not prejudice any warranty claims they make.

8.8. If the remedy takes the form of delivery of replacement goods, the customer is required to return the initially delivered goods to the seller at their expense within 14 days. The defective goods must be returned in a manner compliant with the legal regulations.

8.9. Claims for defects made by the customer cannot be assigned to any other party.

8.10. Complaints resulting from defects can be made to the following address:

oskari GmbH
Villacher Strasse 95, 9800 Spittal an der Drau
Austria

Tel.: +43 (0) 676 841 577 100 
Email: info@oskari.at




9. LIABILITY FOR DAMAGES
9.1. The seller is liable on any legal ground without restriction in the event of injury to life, limb or health, in the event of intentional or gross negligence, in the event of fraudulent intent and of warranties given, and in the event of liability from compelling legal provisions, such as product liability law.

9.2. In the event of material damage caused by mere minor negligence, claims for damages shall not be valid. This does not apply to damage to goods accepted by a consumer for processing, nor to damage caused by infringement of the main contractual obligations in the consumer’s business. 

9.3. For contractors, the following provisions apply which differ in certain regards:

Except in the event of intentional negligence, the seller accepts no liability for indirect damages, loss of profit, loss of interest, loss of savings, consequential damages or damages resulting from claims of third parties.
In the event of gross negligence, liability for material damage shall be limited in its amount to the value of the delivered goods.
The customer is always responsible for proving that the seller is at fault; it is expressly stated that the burden of proof shall not be reversed.
Claims for damages must be established by judicial process unless otherwise precluded within a year from becoming aware of the damage and the injuring party, and no later than 10 years from the transfer of risk.
 




10. PRIVACY IN THE ONLINE SHOP
In the online shop, personal data are used in accordance with the Privacy policy published separately on the seller’s website.




11. APPLICABLE LAW, PLACE OF JURISDICTION, CONTRACTUAL LANGUAGE
11.1. All legal relationships between the seller and the customer shall be governed by Austrian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods and of the principles of conflicts of law. For consumers, this choice of law cannot exclude the protection granted by the mandatory rules of the law of the country of their habitual residence.

11.2. If the customer is a consumer, the legal place of jurisdiction applies. However, if the customer is a contractor, a legal entity under public law or a special fund under public law, the sole place of jurisdiction for all disputes resulting from this contract is the competent court for the headquarters of the contractor in the regional court district of Klagenfurt. 

11.3. The sole contractual language is German.

 




12. OTHER PROVISIONS
12.1. If individual provisions of this contract, including these regulations, prove ineffective in whole or in part, or if there is a gap in the contract, this shall not affect the effectiveness of the remaining provisions or parts of such provisions. This does not apply if the ineffective provision governs one of the main contractual obligations. The respective legal regulations shall take effect in place of the ineffective or missing regulations. If the seller does not exert any or all of their rights, they shall not be deemed to have waived these rights.

12.2. In the event of contractual disputes, the seller accepts the Internet Ombudsman and the Austrian E-Commerce Trust Mark as the extrajudicial arbitration body, though without waiving the right to due legal recourse.

 

Internet Ombudsman

Margaretenstrasse 70/2/10

A-1050 Vienna

www.ombudsmann.at

 

The Internet Ombudsman can be contacted in the event of specific complaints about a company in order to initiate extrajudicial arbitration proceedings, under the following conditions:

 

The basis for the complaint is a contract concluded over the internet, or the complaint relates to other questions of e-commerce law, internet law, privacy law, copyright law or trademark law (there must be a clear and specific connection to use of the internet).

The complainant is a consumer whose place of residence is in Austria (for consumers in Germany, the European Consumer Centre Germany – www.evz.de/en/index.html – is the responsible partner company).

The respondent (the seller) is based in an EU Member State.

There are no pending legal proceedings.

An unsuccessful attempt has already been made to contact the party causing the complaint and to resolve the problem.

The complainant asserts specific legal claims against the respondent or disputes legal claims asserted by the respondent.

 

For details of the complaints procedure and of the arbitration process, visit the Internet Ombudsman website www.ombudsstelle.at/so-funktionierts/verfahren/ (in German).




Attachment
Withdrawal form template
 

 

(If you wish to withdraw from the contract, please fill in this form and send it back to us)

 

 

To

oskari GmbH
Villacher Strasse 95, 9800 Spittal an der Drau
Austria

Tel.: +43 (0) 676 841 577 100 
Email: info@oskari.at