Terms of service

Terms and Conditions with Customer Information

Table of Contents

  1. Scope of Application

  2. Conclusion of Contract

  3. Right of Withdrawal

  4. Prices and Payment Terms

  5. Delivery and Shipping Terms

  6. Retention of Title

  7. Liability for Defects (Warranty)

  8. Redemption of Promotional Vouchers

  9. Applicable Law

  10. Alternative Dispute Resolution

1) Scope of Application

1.1 These Terms and Conditions (hereinafter “T&C”) of Ann-Sophie Stampfer, trading under “Ann-Sophie Stampfer” (hereinafter “we/us”), apply to all contracts that you as a consumer or entrepreneur (hereinafter “you”) conclude with us regarding the goods and/or services presented in our online shop. The inclusion of your own terms and conditions is hereby rejected unless otherwise agreed.

1.2 A consumer within the meaning of these T&C is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities.

1.3 An entrepreneur within the meaning of these T&C is a natural or legal person or a legally capable partnership who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in our online shop do not constitute binding offers on our part, but serve for you to submit a binding offer.

2.2 You may submit an offer via the online order form integrated into our online shop. After placing the selected goods and/or services in the virtual shopping cart and completing the electronic ordering process, you submit a legally binding contractual offer for the goods and/or services contained in the cart by clicking the button that completes the ordering process (“order with obligation to pay” / “buy now” or equivalent).

2.3 We may accept your offer within five days

  • by sending you a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the confirmation by you is decisive; or

  • by delivering the ordered goods to you, whereby receipt of the goods by you is decisive; or

  • by requesting payment from you after you have placed the order.

If several of the above alternatives occur, the contract is concluded at the time the first of these alternatives occurs. The period for acceptance begins on the day after you submit your offer and ends at the end of the fifth day following submission. If we do not accept your offer within this period, this shall be deemed a rejection and you are no longer bound by your declaration of intent.

2.4 If you select a payment method offered by PayPal, payment processing is carried out via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), subject to the PayPal Terms of Use, available at:
https://www.paypal.com/de/legalhub/paypal/useragreement-full
or—if you do not have a PayPal account—subject to the terms for payments without a PayPal account, available at:
https://www.paypal.com/de/legalhub/paypal/privacywax-full

If you pay using a PayPal payment method selectable in the online ordering process, we hereby already declare acceptance of your offer at the moment you click the button that completes the ordering process.

2.5 When submitting an offer via our online order form, the contract text will be stored by us and sent to you in text form (e.g. email, fax, or letter) together with these T&C after you submit your order. In addition, the contract text is archived on our website and can be accessed free of charge by you via your password-protected customer account using the relevant login data, provided you created a customer account in our online shop before submitting your order.

2.6 Before submitting a binding order via our online order form, you can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detecting input errors may be your browser’s zoom function, which enlarges the display on the screen. You can correct your entries during the electronic ordering process using standard keyboard and mouse functions until you click the button that completes the ordering process.

2.7 The German language is available for the conclusion of the contract.

2.8 Order processing and contacting generally take place via email and automated order processing. You must ensure that the email address provided for order processing is correct so that emails sent by us can be received at this address. In particular, when using spam filters, you must ensure that all emails sent by us or third parties commissioned by us for order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in our withdrawal policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the product description, the prices indicated are total prices including statutory VAT. Any additional delivery and shipping costs that may apply are specified separately in the respective product description.

4.2 Various payment options are available to you and are indicated in our online shop at the beginning of the ordering process.

4.3 If payment in advance is agreed, payment is due immediately after conclusion of the contract.

4.4 If you select a payment method offered via the payment service “Shopify Payments”, payment processing is carried out by Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (“Stripe”). The individual payment methods offered via Shopify Payments are communicated to you in our online shop. For processing payments, Stripe may use additional payment services, which may be subject to special payment terms to which you may be separately referred. Further information on “Shopify Payments” is available at:
https://www.shopify.com/legal/terms-payments-de

5) Delivery and Shipping Terms

5.1 Goods are delivered by shipping to the delivery address you specified, unless otherwise agreed. The delivery address stated during order processing is decisive. By way of exception, if the PayPal payment method is selected, the delivery address stored with PayPal at the time of payment is decisive.

5.2 If the shipping company returns the shipped goods to us because delivery to you was not possible, you shall bear the costs of the unsuccessful shipment. This does not apply if you are not responsible for the circumstances that led to the impossibility of delivery or if you were temporarily prevented from accepting the service offered, unless we had announced the service to you a reasonable time in advance. Furthermore, this does not apply with regard to the outward shipping costs if you effectively exercise your right of withdrawal. For return shipping costs, the provisions set out in our withdrawal policy apply in the event of an effective withdrawal.

5.3 Self-collection is not possible for logistical reasons.

6) Retention of Title

If we make advance performance, we retain title to the delivered goods until full payment of the purchase price owed and all associated costs and expenses has been made.

7) Liability for Defects (Warranty)

Unless otherwise stated below, the statutory provisions on liability for defects apply. By way of derogation, the following applies to contracts for the supply of goods:

7.1 If you act as an entrepreneur,

  • we may choose the type of subsequent performance;

  • for new goods, the limitation period for defect claims is one year from delivery;

  • for used goods, defect claims are excluded;

  • the limitation period does not begin anew if a replacement delivery is made in the course of liability for defects.

7.2 The above limitations of liability and reductions of limitation periods do not apply

  • to your claims for damages and reimbursement of expenses;

  • if we fraudulently concealed the defect;

  • to goods that have been used for a building in accordance with their usual use and caused its defectiveness;

  • to any obligation on our part to provide updates for digital products, in the case of contracts for goods with digital elements.

7.3 In addition, for entrepreneurs, the statutory limitation periods for any statutory recourse claims remain unaffected.

7.4 If the contract is a business-related transaction for both parties within the meaning of Section 343(2) Austrian Commercial Code (AT-UGB), you are subject to the commercial duty to examine and give notice of defects pursuant to Section 377 AT-UGB. If you fail to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.5 If you act as a consumer, you are requested to complain to the carrier about goods delivered with obvious transport damage and to inform us accordingly. Failure to do so has no effect on your statutory or contractual defect claims.

8) Redemption of Promotional Vouchers

8.1 Vouchers issued by us free of charge as part of promotional campaigns with a specific validity period and which cannot be purchased by you (hereinafter “promotional vouchers”) can only be redeemed in our online shop and only during the stated promotional period.

8.2 Individual products may be excluded from the promotion if a corresponding restriction results from the content of the promotional voucher.

8.3 Promotional vouchers can only be redeemed before completion of the ordering process. Subsequent offsetting is not possible.

8.4 Only one promotional voucher may be redeemed per order.

8.5 If the promotional voucher relates to a specific value rather than a percentage discount, the value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded.

8.6 If the value of the promotional voucher is not sufficient to cover the order, you may choose one of the other payment methods offered by us to pay the difference.

8.7 The credit of a promotional voucher is neither paid out in cash nor does it bear interest.

8.8 The promotional voucher will not be refunded if you return the goods paid for in whole or in part with the promotional voucher within the scope of your statutory right of withdrawal.

8.9 The promotional voucher is transferable. We may, with discharging effect, render performance to the respective holder who redeems the promotional voucher in our online shop. This does not apply if we have knowledge or grossly negligent ignorance of the holder’s lack of entitlement, legal incapacity, or lack of authority to represent.

9) Applicable Law

The law of the Republic of Austria applies to all legal relationships between you and us, excluding the laws on the international sale of movable goods. If you act as a consumer, this choice of law applies only insofar as it does not deprive you of the protection afforded by mandatory provisions of the law of the state in which you have your habitual residence.

10) Alternative Dispute Resolution

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Copyright Notice: These Terms and Conditions were created by the specialist lawyers of IT-Recht Kanzlei and are protected by copyright (https://www.it-recht-kanzlei.de)