Terms of Service and customer information of E.Alt KG
We recognize the Internet Ombudsman as the extrajudicial arbitration board.
A – 1050 Wien
Web: www.ombudsmann.at I. Terms of Service
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts that connect us as a provider ( E.Alt KG ) via the website www.mts-shop.eu . Unless otherwise agreed , the inclusion of which might be used by you own conditions is contradicted.
(2) Consumers within the meaning of the following rules shall mean any natural person who enters into a transaction for purposes which can be attributed mostly neither commercial nor its independent vocational activity . Entrepreneur is any natural or legal person or a legal partnership , in concluding a legal transaction in the exercise of its independent professional or commercial activity. § 2 Formation of Contract
(1) Subject of the contract is the sale of goods.
Our offers on the Internet are not binding and no binding offer to conclude a contract.
(2) You may submit a binding offer to purchase ( order ) via the online shopping cart system.
The purchasing intended goods are stored in the " basket " . Use the appropriate button in the navigation bar, you can call the "shopping cart " and always make changes there. After calling the site " Checkout " and entering the personal details and Payment - and delivery are finally displayed again all order data on the order summary page.
Before submitting the order , you have the possibility here to check all the details again to change ( also using the " back " of the Internet browser ) or cancel the purchase.
By sending the order via the " pay it order " enter a binding offer from us.
You will get an automatic e- mail on receipt of your order , which does not lead to the conclusion of the contract.
(3) Acceptance of the offer ( and therefore the contract ) occurs when delivering orders immediately after contact of the commodity by confirmation in writing ( for example, e-mail ) , in which you carry out the order or delivery is confirmed the goods ( shipment or order confirmation ) .
If you have not received a corresponding message , you are no longer bound to your order .
Optionally already rendered will be returned immediately in this case.
Upon collection by Cash or Debit card , the desired product is reserved not binding on availability . The communication with the respective collection period by means of e-mail . This communication does not constitute acceptance of a purchase agreement , but merely serves as information.
Since a purchase contract is only with payment and receipt of goods at our office about, there is no obligation to take delivery of the goods before buying. A right of withdrawal within the meaning of the distance selling law can not be given .
Failure to resolve the reserved goods within the provided collection period , we are entitled to cancel the reservation and to consume the goods elsewhere.(4) Your requests for the creation of an offer are binding on you . We submit this a binding offer in writing ( for example, e-mail ) , which you can accept within the designated period , but no longer than within 5 days.
(5) The completion of the order and the transfer of all information necessary in connection with the final contract is partially automated email . They have, therefore , ensure that you stored in your e -mail address is correct , the receiving of emails is technically assured and especially not inhibited by SPAM filters. § 3 Retention , retention of title
(1) A lien can only exercise if it concerns claims arising from the same contract.
(2) The goods remain our property until full payment of the purchase price.
(3) Are you an entrepreneur , the following also applies:
a) We reserve title to the goods until full settlement of all claims from the ongoing business relationship . Before transfer of ownership of the goods is a pledge or security purposes is not permitted.
b) You can resell the goods in the ordinary course of business . In this case , you will take all claims in the amount of the bill that will accrue from the sale , to us , we accept the assignment . They are also authorized to collect the receivable. Unless you meet your payment obligations incorrectly, we reserve the right , however , to collect the claim itself.
c) When connecting and mixing of the goods we acquire joint ownership of the new item in proportion of the invoice value of the goods to the other processed items at the time of processing.
d) We undertake to release the securities we are entitled to your request insofar as the realizable value of our securities exceeds the secured claims by more than 10% . The choice of the collateral to be released. § 4 warranty
(1) There are the statutory warranty rights.
(2) Unless you are a business , and notwithstanding paragraph.1:
a) Characteristics of the goods are only our own specifications and the manufacturer's product description as agreed , but no other advertising , promotions and public statements by the manufacturer.
b) You are obliged to inspect the goods immediately and with due attention to the quality and quantity and to notify us of obvious defects in writing within 7 days of receipt of the goods , the deadline, the timely dispatch is sufficient . This also applies to later found hidden defects from discovery . In case of violation of investigation and reprimand the assertion of warranty claims is excluded.
c) We shall remedy defects at our discretion by repair or replacement. If the repair fails twice , you can demand reduction or withdraw from the contract according to your choice.
The remedial measures shall apply after the unsuccessful second attempt as failed if it does not appear from the nature of the item or the defect, or other circumstances.
In case of repair, we do not have to bear the increased costs incurred by the shipment of the goods to a place other than the place , provided that the shipment does not comply with the intended use of the goods.
d) The warranty period is one year from date of delivery. The shortened warranty period does not apply to us attributable culpably caused damages resulting from injury to life, limb or health and grossly negligently or intentionally caused damage or bad faith, as well as recourse under §§ 478, 479 BGB. § 5 liability
(1) We shall each be unrestricted for damages resulting from injury to life, limb or health . Next we are liable without limitation in all cases of intent or gross negligence , fraudulent concealment of a defect, assumption of guarantee for the quality of the purchased item and in other cases established by law.
(2) The liability for defects within the statutory warranty is based on the corresponding rules in our customer information and terms and conditions.
(3) If substantial contractual obligations are concerned, our liability for slight negligence is limited to typical , foreseeable damage . Material contractual obligations are material obligations arising from the nature of the contract and the breach of which would jeopardize the purpose of the contract and obligations , the contract imposes on us to its content to achieve the purpose of the contract , making the fulfillment of the proper execution of the contract at all possible and compliance with which you may generally rely.
(4) When a violation of minor contractual obligations, liability is excluded for slight negligence.
(5) The data communication via the Internet can not be guaranteed error free and / or available at any time after the current state of technology . We are liable to the extent either for the continuous uninterrupted availability nor the website and the services offered there. § 6 choice of law, Place of performance, jurisdiction
(1) Austrian law applies . For consumers only , this choice of law insofar as this does the protection afforded by mandatory provisions of the law of the country of habitual residence of the consumer is not withdrawn ( favourability ).
(2) Performance for all aspects of the business and jurisdiction existing with us is our seat as far as you are not consumers but a merchant, legal entity under public law or public special assets . The same is true if you have no general jurisdiction in Austria or the EU or the domicile or habitual residence at the time the action is not known . The authority also to appeal to the court in another jurisdiction remains unaffected.
(3) The provisions of UN purchasing law expressly not apply. § 7 Youth protection
(1) When selling goods which falls under the provisions of the Youth Protection Act , we only contractual relations with a customer , who have reached the legal age.
On existing age restrictions are noted in the respective product description.
(2) You warrant with submitting your order , to have reached the legal age and that your details regarding your name and address are correct . They are obliged to ensure that only take themselves or those authorized by you to receive the delivery people , who have reached the legal age , delivery of the goods.
(3) Insofar as we are obliged by the law to make a rating control , we refer to the logistics service provider responsible for delivery, to hand over the product only to persons who have reached the legal age , and if in doubt the identity card of the delivery of the goods to let show the person taking age verification.
(4) As far as we report on the legal age out walking in the respective product description that you must be at least 18 years for the purchase of goods , above paragraphs that majority must be in place of the statutory minimum age 1-3 are provided.II. customer information1. Identity of the seller
E-Mail: firstname.lastname@example.org 2. Information about the conclusion of the contract
The technical steps to conclude a contract , the contract itself and the possibilities of correction carried out in accordance with § 2 of our terms and conditions. 3. contract language, Contract text storage
3.1. Contract language is German.
3.2. The full text of the contract is not stored by us. Before submitting the order via the online - shopping cart system , the contract data can be printed using the print function of the browser or saved electronically . After receipt of the order with us the order data , the information required by law for distance contracts and the terms and conditions are again sent via email to you.
3.3. In Requests outside the online shopping cart system will give you all contract data sent as part of a binding offer by e- mail , which you can print or save electronically. 4. codes of conduct
4.1. We have subjected ourselves to the European Code of Conduct , which is available at the following link: http://www.euro-label.com/en/code-of-conduct/index.html
. 5. Essential characteristics of the goods or service
The essential characteristics of the goods and / or services can be found in the item description and additional information are available online. 6.Price and Payment Methods
6.1. References in the respective offer prices and shipping costs are total prices.
They contain all price components including all applicable taxes.
6.2. The shipping costs are not included in the purchase price. They are accessed via a correspondingly designated button on our website or in the respective product description , are shown separately in the course of the order process and are payable by you in addition , unless the no shipping costs is promised.
6.3. The your available payment methods are included under a correspondingly labeled button on our website or in the respective product description.
6.4. Insofar as the individual payment indicated otherwise , the payment claims from the completed contract immediately due for payment. 7. delivery terms
7.1. The delivery , the delivery and any existing delivery restrictions can be found at a correspondingly labeled button on our website or in the respective product description.
7.2. Unless you are a consumer is regulated by law that the risk of accidental loss and accidental deterioration of the sold during the shipment until the delivery of the goods passes to you , regardless of whether the shipment is insured or uninsured occurs . This does not apply if you have independently commissioned an unnamed entrepreneur from transport companies or otherwise to execute the dispatch specific person.
Are you an entrepreneur , supply and shipment is at your risk. 8. Statutory warranty rights
8.1. The warranty for our goods is governed by the rules "Warranty" in our terms and conditions.
8.2. As a consumer, you are asked to check the goods immediately upon delivery for completeness , obvious defects and damage and to inform us and the shipper complaints as quickly as possible . Come fails to do , this does not affect your statutory warranty claims.