Terms and Conditions
General Terms and Conditions (GTC)
(Valid from 01.01.2023)
Zografski - Martin Zografski
Boznerstrasse 18
AT - 6060 Hall in Tirol
1. Scope
1.1. These terms and conditions of the sole proprietorship Martin Zografski (hereinafter referred to as the "provider") apply to all contracts that the customer concludes with the provider. The inclusion of conflicting or supplementary terms and conditions of the customer is rejected. These are only valid without exception if they have been expressly accepted in writing by the provider in individual cases. Contract fulfillment actions by the provider do not constitute consent to contractual conditions that deviate from these terms and conditions.
1.2. In order to be valid, amendments or additional agreements must be confirmed in writing by persons authorized to represent the provider and only apply to the individual business case. Employees of the provider and subcontractors named before the start of the order are not authorized to agree to amendments or additional agreements to these terms and conditions.
2. Products, offer and conclusion of contract
2.1. Products
2.1.1. The provider trades in sports and fashion clothing
2.1.2. The provider points out that the product images shown in the online shop and catalogs may differ from the actual presentation of the products (symbol images). Minor visual deviations do not constitute a defect.
Accessories shown in pictures which are not listed as accessories in the article text are not part of the respective article.
Print media (catalogues, brochures, etc.) are valid until the next print medium is published, unless a different period of validity is specified.
2.2. Conclusion of contract
The product representations contained in the online shop and in print media (catalogs, brochures, etc.) of the provider do not constitute a legally binding contractual offer on the part of the provider, but are merely a non-binding invitation to the customer to submit a legally binding purchase offer.
In the online shop, the customer is shown an overview of the selected goods, their customer data and information on shipping and payment before completing the order process, where the customer can check their entries. By clicking the "order with payment" button, the customer makes a binding offer to conclude a purchase contract for the goods contained in the shopping cart.
The customer can also submit a legally binding offer in writing by email, post, fax or telephone. The customer can use the order forms provided for this purpose.
The provider will immediately confirm receipt of the customer's offer. This does not constitute acceptance of the customer's purchase offer. The provider is entitled to refuse acceptance of the order.
If the provider cannot fulfill the order because the ordered goods are not available, or if he does not accept the customer's offer, the provider must inform the customer of this in writing immediately, but no later than within 5 working days. After this deadline has expired without result, the offer is deemed to have been accepted and the contract is binding for both contracting parties, unless the contract has already been accepted beforehand by sending a shipping confirmation by email and sending the goods.
The provider is entitled to refuse the order with regard to individual products that do not belong together.
3. Prices and payment terms
3.1. The prices stated by the provider are final prices, i.e. they include all price components, including statutory sales tax.
3.2. The sales prices quoted are exclusive of VAT in the Delivery and shipping costs itemized shipping and packaging fees.
3.3. The available options for payment of ordered goods are listed in the Payment Options section.
3.4. In the event of late payment, regardless of who is at fault for the late payment, default interest of 4% pa will be charged to consumers and default interest of 9.2% pa above the base interest rate and compound interest at the statutory rate will be charged to businesses. In addition, in the event of late payment through the customer's fault, the customer is obliged to compensate the seller for any further actual damage, in particular the damage caused by the fact that higher interest rates are charged on any credit accounts of the seller as a result of non-payment, and to refund all costs incurred by the seller for the appropriate collection of the claim, such as legal fees and debt collection agency costs. Without prejudice to the assertion of further rights and claims, the customer is obliged to pay a flat rate of € 40.00 as compensation for collection costs in the case of business transactions in accordance with Section 458 of the Austrian Commercial Code.
3.5. The customer is only entitled to offset his own claim against the seller if the seller is insolvent or the customer’s claim is legally related to his liability or the customer’s claim is undisputed, legally established or recognized by the seller.
3.6. The customer can only exercise a right of retention if it concerns claims arising from the same contractual relationship. If the customer is an entrepreneur, a right of retention is expressly excluded.
3.7. Billing will be done in Euro.
4. Delivery and shipping conditions, delay in acceptance, transfer of risk
4.1. Goods will be delivered to the delivery address provided by the customer, unless otherwise agreed. When processing the transaction, the delivery address provided by the customer during order processing is decisive.
4.2. The delivery time is 2 - 15 working days from the conclusion of the contract or receipt of payment/receipt of proof of payment for advance payment, instant bank transfer, PayPal and credit card payments. If an item is not in stock or cannot be delivered immediately and the delivery time is extended accordingly, this will be indicated separately on the product page.
4.3. If delivery to the customer is not possible, the commissioned transport company will send the goods back to the provider, whereby the customer must bear the costs for the unsuccessful delivery and collection as well as any storage costs. This does not apply if the customer is not responsible for the unsuccessful delivery attempt.
4.4. If the customer is in default of acceptance, the provider is entitled to withdraw from the contract after setting a reasonable grace period and to use the goods for other purposes or to insist on the contract being fulfilled. If the customer is at fault for the default of acceptance, he must also compensate the provider for the damage caused by the delay. Any purchase price already transferred will be refunded, less the transport costs and any compensation amounts to which the provider is entitled.
4.5. If the customer is a consumer, the goods are sent at the risk of the provider. In this case, the risk of loss or damage to the goods is only transferred to the customer when the goods are delivered to the customer or to a third party other than the carrier designated by the customer. If the customer is an entrepreneur, the goods are sent at the customer's risk, i.e. the customer bears the risk of transport.
5. Retention of title
The delivered goods remain the property of the provider until full payment has been made. The customer bears the entire risk for the reserved goods, in particular for the risk of destruction, loss or deterioration. When the provider delivers, the customer hereby assigns to the provider his claims against third parties, insofar as these arise from the sale of goods, until his liabilities have been finally paid. The provider expressly accepts this assignment. At the request of the provider, the customer must name his clients and inform them of the assignment in good time. The assignment must be made clear to the buyer in the business books, delivery notes, invoices, etc. If the customer is in arrears with his payments to the provider, any sales proceeds received by him must be segregated and the customer only holds or retains them in the name of the provider. The customer is prohibited from pledging or transferring the reserved goods as security. Any claims against an insurer are already assigned to the provider within the limits of Section 15 of the Insurance Contract Act.
It is agreed that the assertion of the retention of title does not constitute a withdrawal from the contract unless the provider expressly declares the withdrawal from the contract. If the provider makes use of its retention of title and takes the goods back, the credit for the goods taken back due to the retention of title will be made taking into account a price reduction appropriate to the storage period and wear and tear. The goods will be returned to the provider at the customer's expense and risk.
6. Warranty
6.1. If there is a defect in the purchased item at the time of delivery, the statutory provisions shall apply, with the exception of the deviations for entrepreneurs under Section 8.3.
6.2. For consumers, the limitation period for warranty claims is two years from delivery of the goods to the customer. If the provider is responsible for the defect, the customer can claim damages for the defect himself instead of asserting warranty claims within three years from knowledge of the damage and the person responsible in accordance with Section 933a ABGB.
6.3 The following applies to entrepreneurs:
- The burden of proof for the existence of a defect lies with the customer.
- The limitation period is one year from the transfer of risk; claims for defects must be asserted in court within this period, otherwise they will be barred.
- An insignificant defect does not generally give rise to any claims for defects.
- The provider has the choice of warranty remedy.
- The provider is not obliged to reimburse the costs of remedying defects carried out by the customer (by third parties).
- The limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.
6.4. If the customer is an entrepreneur within the meaning of Section 1 of the Austrian Commercial Code (UGB), he is subject to the commercial obligation to inspect and give notice of defects in accordance with Section 377 of the Austrian Commercial Code (UGB). In this case, the customer is obliged to give written notice of any defects immediately after receipt of the delivery, but no later than within 5 working days, and of hidden defects within 3 working days of discovery. The notice of defects must be sufficiently justified and supported by evidence. If the customer fails to give notice of defects in a timely manner, the goods are deemed to have been approved.
6.5. The above provisions under Section 8.3 and Section 8.4 apply equally, regardless of whether claims are made due to the defect itself under the warranty or compensation in accordance with Section 933a ABGB. The provisions of Section 9 apply without exception to consequential damage caused by a defect.
6.6. The warranty is excluded for defects caused by the customer. This is particularly the case in the case of improper handling, incorrect operation or unauthorized repair attempts.
6.7. If the customer is a consumer, he is requested to immediately complain to the deliverer about goods that have obvious transport damage and to inform the provider of this, or in the case of non-obvious transport damage, to inform the provider within 5 working days so that the provider can claim the damage from the insurance company. If the customer fails to comply with this obligation, this will have no effect on his warranty claims.
6.8. If the subsequent performance is carried out by means of a replacement delivery, the customer is obliged to return the goods initially delivered to the provider within 14 days at the provider's expense. The defective goods must be returned in accordance with the statutory provisions.
6.9 The assignment of the customer’s claims for defects is excluded.
6.10. Complaints regarding defects can be made to the following address:
Zografski - Martin Zografski
Boznerstrasse 18
AT - 6060 Hall in Tirol
Phone:
hi@zografski.store
7. Liability for damages
7.1 The provider is liable without limitation for any legal reason in the event of injury to life, body or health, in the event of intent or gross negligence, in the event of fraudulent intent and breach of warranty and if liability arises in accordance with mandatory statutory provisions, such as the Product Liability Act.
7.2. Claims for damages for property damage are excluded if the damage was caused by slight negligence. This does not apply to damage to items taken over by a consumer for processing, nor to damage that occurred in consumer transactions due to a breach of the main contractual obligations.
7.3 The following applies to entrepreneurs (sometimes different):
- Except in cases of intent, the provider assumes no liability for indirect damage, lost profits, loss of interest, missed savings, consequential damage and damage from third-party claims. - In cases of gross negligence, liability for material damage is limited to the value of the goods delivered. - The customer must always provide proof that the provider is at fault; a reversal of the burden of proof is expressly excluded. - Claims for damages must be asserted in court within one year of knowledge of the damage and the person responsible, but no later than within 10 years of the transfer of risk, otherwise they are barred.
8. Data protection
The use of personal data is carried out in accordance with the terms and conditions published separately by the provider on the homepage. Privacy Policy .
9. Applicable law, place of jurisdiction, contractual language
9.1. For all disputes between you and the customer arising from the contractual relationship, including disputes about the formation and/or validity of the contract, Austrian law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods and the reference standards of private international law.
9.2. If the customer is a consumer, the statutory place of jurisdiction applies. If, however, the customer is an entrepreneur, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the court with jurisdiction for the provider's place of business.
9.3. The contract language is exclusively German.
10. Miscellaneous
10.1. Should individual provisions of these General Terms and Conditions be legally ineffective, invalid and/or void or become so during their term, this shall not affect the legal effectiveness and validity of the remaining provisions. This shall not apply if the ineffective provision regulates one of the main performance obligations. The respective statutory provisions shall take the place of the ineffective or missing provisions. The fact that the provider does not exercise individual or all of the rights to which it is entitled cannot be interpreted as a waiver of these rights.
10.2. In the event of contractual disagreements, the Seller accepts the Internet Ombudsman and the Austrian E-Commerce Quality Mark Association as extrajudicial arbitration bodies, but without waiving the right to recourse to the courts.
Internet Ombudsman
Margaretenstrasse 70/2/10
A-1050 Vienna
www.ombudsmann.at
Under the following conditions, the Internet Ombudsman can be contacted for out-of-court dispute resolution in the event of specific complaints about a company:
- The complaint is based on a paid contract concluded over the Internet or the complaint otherwise concerns issues of e-commerce or Internet law or data protection, copyright or trademark law (there must be a clear, specific reference to Internet use).
- The complainant is a consumer and is resident in Austria (for consumers from Germany, the European Consumer Centre Germany, www.eu-verbraucher.de, is the responsible partner company).
- The respondent (seller) is based in an EU member state.
- There are no legal proceedings pending.
- Attempts have already been made to contact the person who made the complaint and resolve the problem, but without success.
- The complainant asserts specific legal claims against the respondent or contests legal claims asserted by the respondent.
Details on how to handle complaints and the process of dispute resolution can be found on the Internet Ombudsman’s website, www.ombudsmann.at/schlichtung.php.