of Christoph Neuwirth
for the Novritsch Online Shop
The following general terms and conditions are applicable only to transactions with customers.
1. General provisions:
1.1 Christoph Neuwirth, Hermanngasse 10 Top 18 1070 Vienna Austira operates the NOVRITSCH Online Shop; customers may purchase products at any time.
1.2 All orders, deliveries and services for general customers (hereinafter “Customer”) from the NOVRITSCH Online Shop are subject to these general terms and conditions (hereinafter “GTCs”). By placing an order, the Customer legally binds himself to these GTCs.
1.3 NOVRITSCH reserves the right to change the GTCs at any time; by placing each order, the Customer acknowledges the version of these GTCs as published in the Online Shop at the respective time of the order.
1.4 Changes and supplements to contracts concluded on the basis of these GTCs must be in written form in order to be legally valid; the same applies to any waiver of the written form requirement. Additional verbal agreements have no legal validity.
1.5 Should any individual provisions of these GTCs or of the contract supplemented by them be or become invalid, the validity of the other provisions is not affected, and the remaining provisions of the contract and these GTCs remain in effect for both parties. In place of the invalid provision, a provision will automatically be agreed upon that comes as close as possible to fulfilling the intended purpose of the invalid provision.
1.6 For all differences of opinion and legal disputes arising in connection with this business relationship, Austrian substantive law applies exclusively, to the exclusion of the rules of international private law.
The place of performance is Vienna, Austria.
2. Conclusion of the contract:
2.1 The presentation of goods by NOVRITSCH in the Online Shop does not constitute a binding offer to conclude a contract. It constitutes a non-binding invitation to the Customer to order goods in the Online Shop.
2.2 An order is possible only if an order form is completed and all required fields marked with an * are filled in. Before the order is finally submitted, the Customer will have the opportunity to change the order. In addition, the Customer will receive supporting information during the order process. After properly completing and submitting the order form, the Customer will receive an email from NOVRITSCH confirming receipt of the order. A contract for goods from the NOVRITSCH Online Shop does not yet thereby come into being. Such a contract arises only when NOVRITSCH explicitly declares acceptance of the order.
2.3 Contractual language is German or English.
2.4 All offers in the Online Shop are valid only as long as they are in stock. NOVRITSCH reserves the right to refuse orders or to reduce the amount of an order without giving any reasons (in particular if the ordered goods are not in stock). In this case the Customer will be promptly informed.
2.5 The text of the contract will be stored by NOVRITSCH. During the ordering process, the Customer may call up, print out and save the text of the contract (such as product descriptions, GTCs and Customer information). Directly after the order, NOVRITSCH will send the Customer confirmation of receipt with the order dates and the contractual provisions, which the Customer may print out and save. After making a contract, the Customer who has registered a customer account will have the contractual text archived in the customer account in the NOVRITSCH Online Shop under “My orders”.
2.6 NOVRITSCH may also make partial deliveries and issue partial invoices.
3.1. The Customer has the right to cancel this contract within 14 days without giving any reasons.
3.2. The cancellation period amounts to 14 days from the day on which the Customer or a third party named by him who is not the carrier has received the goods.
3.3. In order to exercise this right of cancellation, the Customer must inform NOVRITSCH (Christoph Neuwirth, Hermanngasse 10 Top 18 1070 Vienna Austria – [email protected]) by means of an unambiguous declaration (e.g. letter sent in the mail, fax or email) of his decision to cancel this contract. For this purpose, the Customer may use the attached cancellation form template found in Appendix I; however, this form is not required.
3.4. To guarantee the cancellation period, it is sufficient for the Customer to send information about the exercise of his right to cancellation before the end of the cancellation period.
3.5. If the Customer cancels this contract, NOVRITSCH must refund all payments received from the Customer, including delivery costs, within 14 days from the day on which the notification of the cancellation of this contract is received by NOVRITSCH (except for additional costs that result from the Customer choosing a delivery option other than the cheapest standard delivery option provided by NOVRITSCH). For this repayment, NOVRITSCH will use the same mode of payment that the Customer used for the original transaction, unless otherwise expressly agreed; in no case will the Customer receive any compensation because of this repayment. NOVRITSCH may refuse this refund until the goods are returned or until the Customer gives evidence that he has sent the goods back, whichever is earlier.
3.6. The Customer must promptly send the goods back or turn them over to NOVRITSCH, in any case at the latest within 14 days from the day on which he has notified NOVRITSCH of the cancellation (Christoph Neuwirth, Hermanngasse 10 Top 18 1070 Vienna Austria – [email protected]). This period shall be deemed observed if the Customer sends the goods back before the deadline of 14 days.
3.7. The Customer must bear the direct costs of returning the goods.
3.8. The Customer must be responsible for any decline in value of the goods only if this decline in value can be traced to evidence of unnecessary contact by the Customer for the purpose of reviewing the composition, properties and mode of functioning of the goods.
4. Prices and conditions of payment:
4.1 The prices listed in the order form are applicable to the order. Shipping costs are shown separately. Price changes are reserved, particularly in the event of error.
4.2 If no other form of payment is agreed upon, the Customer undertakes to prepay using a mode of payment indicated in the order procedure, meaning complete payment of the purchase price upon completing the order procedure. Delivery of the goods occurs only after receipt of the amount in the bank account of NOVRITSCH.
4.3 NOVRITSCH is authorised to send invoices to Customers electronically.
5. Reservation of ownership:
5.1 Until final payment for the goods and all associated costs, the goods remain the exclusive property of NOVRITSCH.
6.1 Unless otherwise agreed, the goods will be ready for shipment within 3 to 5 business days. Delivery time is noted in the order procedure and depends on the particular shipping provider.
6.2 The Customer bears the shipping costs.
6.3 The Customer bears the cost of all customs duties and fees.
6.4 . If the Customer refuses to accept the delivered goods, he takes responsibility for them from that moment. In addition, NOVRITSCH has the right to void the contract after two weeks and to demand compensation for damage on grounds of non-fulfilment. Alternatively, NOVRITSCH is authorised to store the goods at the cost of the Customer and to demand completion of the purchase contract.
6.5 NOVRITSCH will conform to the stated delivery times to the extent possible; however, it must refuse any compensation for damage if these times are exceeded.
7. Warranty and compensation for damage:
7.1 Legal provisions regarding warranty and tort law apply. The warranty lasts for 2 years from the time of receipt of the delivered goods.
7.3 If the Customer discovers defects in the goods, a claim is to be made with the attachment of an exact description (including a photo) by e-mail to [email protected]
7.4 No specific properties for the contractual goods are assured by NOVRITSCH unless such assurance is made expressly in writing. NOVRITSCH is liable only for defects in the goods themselves and not for any additional damage.
7.5 NOVRITSCH does not issue any of its own warranties beyond the legal warranty.
7.6 NOVRITSCH is not responsible for damage caused by slight negligence; this does not apply to personal damage or product liability claims.
7.7 In addition, all claims are excluded in the event of failure of the NOVRITSCH server and any related loss of the order.
8. Copyright law:
8.1 All content of the NOVRITSCH Online Shop (in particular images and text, including these GTCs) remains the intellectual property of NOVRITSCH. Any use of this content that goes beyond its use as part of the Online Shop requires the prior written agreement of NOVRITSCH.
9. Data protection and data security:
9.1 NOVRITSCH is authorised to electronically store, process and use the data that are provided by the Customer as part of the order and that are necessary to carry out the transaction, in particular personal data, to the extent necessary for processing the transaction and advertising its own range of goods. NOVRITSCH is authorised to transfer these data to affiliated companies and subcontractors, in particular for market research reasons for the processing of direct information, etc.
9.2 NOVRITSCH will observe the provisions of the Austrian Data Protection Act (DSG 2000) and take the usual measures to protect stored data.
9.3 NOVRITSCH reserves the right to immediately and without warning exclude physically and/or logically from the Onlineshop any Customers regarding whom there is a well-founded suspicion that network activities originating from their connection are dangerous to the security or operations of NOVRITSCH or other IT infrastructure facilities, or are illegal or annoying. The costs of recognising and tracking the activities, breaking the connection, and any repairs will be invoiced to the Customer by NOVRITSCH at their standard hourly rates as of that particular point in time. The liability of NOVRITSCH due to disconnection from the Online Shop is excluded in these cases.
9.4 NOVRITSCH is not liable for the content, completeness or accuracy of communicated or requested data or for data that are accessible through NOVRITSCH. NOVRITSCH makes no guarantee that the offered services will always be accessible or that data saved on the NOVRITSCH computers will remain unchanged.
11. GOOGLE Analytics:
11.1. The Online Shop website uses Google Analytics, a web analysis service of Google Inc. (“Google”). Google Analytics uses “cookies”. The information created by the cookie regarding the use of this website by Customers is generally transferred to a Google server in the US and stored there. If IP anonymisation is used on this website, the Customer’s IP address will first be shortened by Google within the member states of the European Union or in other contract states of the agreement on the European Economic Community. Only in exceptional cases will the entire IP address be transferred to a Google server in the US and shortened there. As commissioned by the operator of this website, Google will use this information to evaluate the use of the website by Customers, to create reports on website activities and to provide further services to the website operator regarding website and Internet use. The IP address transmitted by the Customer’s browser will not be intermingled with other Google data as part of Google Analytics. The Customer can prevent the storage of cookies through the adjustment of the browser software settings; however, NOVRITSCH informs the Customer that in this case it is possible that not all the functions of this website may be usable to their full extent. He can also prevent Google from processing the data created by the cookie regarding his usage of the website (including the Customer’s IP address) by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
12.1. By checking a box on the order form, the Customer agrees to receive news about products, current offerings and other information from NOVRITSCH via advertising e-mail, in particular the newsletter.
12.2. The Customer may cancel the agreement to receive the newsletter at any time by sending an email to [email protected]
13.1. Communications, claims based on legal guarantee claims, and complaints to NOVRITSCH related to the NOVRITSCH Online Shop, unless agreed otherwise in the GTCs, should always be sent in writing to the address (Christoph Neuwirth, Hermanngasse 10 Top 18 1070 Vienna Austria – [email protected]).
Appendix I: Template for cancellation form
(If you wish to cancel the contract, please fill out this form and send it back to us)
(Christoph Neuwirth, Hermanngasse 10 Top 18 1070 Vienna Austria – [email protected])
– I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)
– Ordered on (*) / received on (*)
– Name of the customer
– Address of the customer
– Signature of the customer (only when communicating on paper)