General Terms and Conditions

 

§ 1 Scope, definitions of terms

This is a translation of the German version. In cases of doubt, the German version shall prevail. The contract language is German. Austrian law applies exclusively. Translations into other languages are for information purposes only.

(1) traindee e.U., Weingartenstraße 13/2, 7323 Ritzing, Austria (hereinafter referred to as “we” or “traindee”) operates an online shop for goods, digital goods and services under the website https://shop.traindee.com. The following General Terms and Conditions of Business apply to all services via this online shop between us and our customers (hereinafter referred to as “customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.

(2) “Consumer” in the sense of these terms and conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. “Entrepreneur” is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity, whereby a partnership with legal capacity is a partnership equipped with the ability to acquire rights and enter into obligations.

 

 

 

§ 2 Conclusion of the contract, storage of the contract text

(1) The following regulations on the conclusion of contracts apply to orders placed via our online shop at https://shop.traindee.com.

(2) Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.

(3) Upon receipt of an order in our online shop, the following regulations apply: The customer submits a binding offer to conclude a contract by successfully completing the ordering procedure provided in our online shop. A minimum order value (value of goods) of € 19,- incl. VAT after deduction of all discounts applies to your order in our online shop.

(4) After sending your order in the online shop you will receive a confirmation e-mail. This does not yet represent a confirmation of contract by us. Acceptance of your offer to conclude a contract is made by a separate e-mail or by sending the goods.

(5) Before placing the order, the contract data can be printed out or electronically saved using the print function of the browser. The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail after you have placed the order, partly automatically. We do not save the text of the contract after the conclusion of the contract.

(6) Input errors can be corrected using the usual keyboard, mouse and browser functions. They can also be corrected by cancelling the ordering process prematurely, closing the browser window and repeating the process.

(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and in particular that it is not prevented by SPAM filters.

 

§ 3 Subject of the contract and essential characteristics of the products

(1) For our online shop is the subject of the contract:

The sale of goods. You can see the concretely offered goods on our article pages.
The sale of digital goods, e.g. software or media downloads. You can see the concretely offered digital goods on our article pages.
The provision of services. You can find the concrete services offered on our article pages.

(2) The essential characteristics of the goods, digital goods and services can be found in the item description.

(3) The sale of digital products is subject to the restrictions that are apparent from the product description or otherwise result from the circumstances, in particular with regard to hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject of the contract is only the private use of the products without the right to resell or sublicense.

 

§ 4 Prices, shipping costs and delivery

(1) The prices quoted in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.

(2) The respective purchase price is to be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly designated button in the online shop or in the respective offer. Unless otherwise specified for the individual payment methods, payment claims are due for payment immediately.

(3) In addition to the indicated prices, shipping costs may be incurred for the delivery of products, unless the respective article is not shown as free of shipping costs. The shipping costs will be clearly indicated again on the offers, if necessary in the shopping cart system and on the order overview.

(4) All products offered are, unless clearly stated otherwise in the product description, immediately ready for dispatch. Processing and delivery times as well as the countries to which delivery is made can be called up under a separate menu item on the shop page.

(5) Deliveries are made exclusively by shipping. Unfortunately, it is not possible to pick up the goods yourself.

(6) If goods with obvious transport damages are delivered, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance company.

 

§ 5 Reservation of title

The goods remain our property until the purchase price has been paid in full. Prior to transfer of ownership, pledging, transfer by way of security, processing or transformation is not permitted without the consent of traindee.

 

§ 6 Right of revocation

As a consumer you have a right of withdrawal. This depends on our cancellation policy, which can be found on the shop page. In the case of a return shipment, the consumer bears the costs.

 

§ 7 Liability

(1) Subject to the following exceptions, our liability for contractual breaches of duty and for tort is limited to intent or gross negligence.

(2) We shall have unlimited liability for slight negligence in the event of injury to life, body or health or in the event of breach of a material contractual obligation. If we are in default of performance due to slight negligence, if performance has become impossible or if we have breached a material contractual obligation, liability for property damage and financial losses attributable to this shall be limited to the foreseeable damage typical of the contract. An essential contractual obligation is one whose fulfilment is essential for the proper execution of the contract, whose violation endangers the achievement of the purpose of the contract and on whose compliance you may regularly rely. This includes in particular our obligation to take action and to fulfil the contractually owed performance, which is described in § 3.

 

§ 8 Contract language

The contract language is German. Austrian law applies exclusively. Translations into other languages are for information purposes only.

 

§ 9 Guarantee

(1) The guarantee is based on the legal regulations.

(2) For entrepreneurs, the guarantee period for delivered goods is 12 months.

(3) As a consumer, you are requested to check the item(s) or the digital goods or the service provided immediately upon fulfilment of the contract for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this will of course have no effect on your statutory warranty claims.

 

§ 10 Final provisions

(1) Austrian law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not thereby withdrawn (principle of favourability).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.

(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider’s registered office.

(4) Under current law, we are obliged to inform consumers of the existence of the European Online Dispute Resolution Platform, which can be used for the settlement of disputes without the need to involve a court. The European Commission is responsible for setting up the platform. You can find the European Online Dispute Resolution Platform here: http://ec.europa.eu/odr