§1 Scope of application
(1) These General Terms and Conditions (GT&C) in the version valid at the time of the order apply to all business relationships between LOVE A DUCK e.U. (hereinafter referred to as “LOVE A DUCK” or “operator”) and the customer (hereinafter referred to as “customer” or “you”) which result from the purchase of products (hereinafter referred to as “products” or “goods”) via the LOVE A DUCK online store.
(2) The deliveries, services and offers of LOVE A DUCK are made exclusively on the basis of these general terms and conditions. They thus also apply to all future business relations with companies, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer which contradict the general terms and conditions written here is contradicted in any case.
(3) The order is open to natural persons who must be at least 18 years old at the time of the conclusion of the contract.
(4) The contract languages are German and English.
§2 Conclusion of contract
(1) The presentation of the products in the online store does not represent a legally binding offer in the legal sense. It merely represents an invitation to the customer to submit an offer. Performance descriptions in the online store do not have the character of an assurance or guarantee.
(2) The order of the customer represents an offer. A contract only comes into being through the acceptance on our part.
(3) LOVE A DUCK is entitled to expressly accept the contract offer (= your order) by handing over / sending the goods or the order confirmation.
(4) LOVE A DUCK is entitled to refuse acceptance of the order or to limit the order to a customary quantity.
5) Depending on which date occurs first, the contract for the purchase of products becomes legally effective with the sending of the order confirmation or with the delivery of the goods.
§3 Price and terms of payment
(1) All prices are total prices. They are inclusive of all taxes including value added tax and duties, but without shipping costs. You can find the shipping costs in our shipping costs overview.
(2) In the case of delivery to a non-EEA country, the customer shall bear all import and export fees including all customs duties, fees and charges.
(3) The payment is optionally made by:
– bank transfer
(4) If you are in arrears with a payment, you are obliged to pay the statutory interest on arrears at a rate of 4 percentage points above the prime rate. For each reminder letter sent to you after the default has occurred, you will be charged at least a reminder fee of 5 EUR, unless a lower damage is proven.
§4 Delivery; Retention of title
(1) Unless otherwise agreed, the goods will be delivered to the address provided by you.
(2) The goods remain our property in all agreements and contracts until the purchase price has been paid in full. In case of default of payment by the customer, we are entitled to assert our rights from the reservation of title. It is agreed that the assertion of the retention of title does not constitute a withdrawal from the contract, unless we expressly declare our withdrawal from the contract.
§5 Right of revocation or withdrawal
(1) Insofar as the customer is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG) or a consumer within the meaning of the FAGG, the customer is legally entitled under § 3 KSchG and § 11 (1) FAGG to revoke his contractual declaration (order) submitted outside the business premises of LOVE A DUCK or, after acceptance by the operator, to withdraw from the contract under the conditions of the following declaration of withdrawal.
(2) There is no right of revocation (right of withdrawal) for goods that are manufactured according to customer specifications or clearly tailored to personal needs.
(3) There is a right of revocation (right of withdrawal) for goods that are not produced according to customer specifications or are clearly tailored to personal needs as follows
– You have the right to cancel this contract within fourteen days without giving reasons.
– The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
– In order to be able to make use of your right of revocation, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. by e-mail). You can use the sample withdrawal form attached under §6(5), which is not mandatory.
– In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
(4) Consequences of revocation
– If you revoke this Agreement, we will refund all payments we have received from you immediately, but no later than fourteen days from the date we receive notice of your revocation of this Agreement. We will use the same means of payment for this refund as you used for the original Transaction, unless expressly agreed otherwise with you, and in no event will we charge you for this refund.
– We may refuse a refund until we have received the goods or until you have provided proof that you have returned the goods, whichever is earlier.
– You must return or surrender the goods to us immediately, but no later than fourteen days from the date you informed us of the cancellation of this agreement. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fortnightly period.
– You must bear the costs of returning the goods.
– You will only have to pay for any loss of value of the goods if this loss of value is due to a handling of the goods that is not necessary for testing the condition, properties and functionality of the goods.
(5) Sample of a cancellation form
If you would like to cancel the contract, please fill out and return this form.
To: LOVE A DUCK e.U.
address: Zeltgasse 11/EG2, 1080 Vienna, Austria
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*):
Ordered on (*)/received on (*)
Name of the customer(s):
Address of the customer(s):
Signature of the customer(s) (only in case of notification on paper):
(*) Delete as applicable.
§6 Contractual right of return
(1) LOVE A DUCK grants its customers the right to return products within 30 days.
(2) Unless otherwise agreed, the statutory regulations for the right of revocation (right of withdrawal) according to §6 apply analogously to the contractual right of return. In particular, there is also no right of return for goods that are manufactured according to customer specifications or are clearly tailored to personal needs.
§7 Damage in transit
If goods with obvious transport damages are delivered, please complain about such errors immediately to the deliverer and contact us as soon as possible. Failure to make a complaint or contact us will have no consequences for your legal warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.
§8 Warranty and liability
(1) The provisions on the statutory warranty shall apply. The warranty period is two years from acceptance of the goods.
(2) If you are an entrepreneur in the sense of § 1 UGB (Austrian Corporate Code), the legal regulations apply with the following changes:
– Only our own specifications and the manufacturer’s product description are binding for the quality of the goods, but not public praise and statements and other advertising by the manufacturer.
– You are obliged to examine the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. The punctual dispatch suffices to meet the deadline. This also applies to hidden defects discovered later from discovery. In case of violation of the obligation to examine and give notice of defects, the assertion of warranty claims is excluded.
– In the case of defects, we shall provide warranty at our discretion either by repair or replacement (supplementary performance). In the case of rectification of defects, we do not have to bear the increased costs that arise from the fact that the goods are taken to a place other than the place of performance, unless the transfer corresponds to the intended use of the goods.
– The warranty period is one year from delivery of the goods.
(3) The liability of LOVE A DUCK is in principle limited to intent or gross negligence; liability for slight negligence is excluded. This exclusion of liability does not apply to personal injury and damage to items which LOVE A DUCK has accepted for processing. Insofar as the operator’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
§9 Final provisions
(1) Should individual provisions of these GT&C be or become invalid in whole or in part or should the GT&C contain a loophole, the validity of the remaining provisions shall not be affected.
(2) Austrian substantive law shall apply, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention”).
(3) If you are a merchant, legal entity under public law or special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and you shall be Vienna, Austria.
(4) If you are a consumer within the meaning of the Austrian Consumer Protection Act (KSchG), the place of jurisdiction for actions brought against you by the Operator shall be Vienna, Austria only if you have your residence or habitual abode in Vienna at the time of conclusion of the contract or if you exercise your professional activity in Vienna.