1. General provisions
1.1. These Terms and Conditions (hereinafter: GTC) shall govern the rights and obligations of Vegafuszeray OG (registered address: Märzstraβe 21/8, WIEN 1150, Company registration number: FN 560318 y; name of registration court: Vienna Commercial Court) represented by: Erika Vida and Krisztina Rozgonyi-Vida Managing Directors, hereinafter referred to as: Service Provider) and the recipients of the electronic commerce services provided by it on the website www.vegafuszeray.com (hereinafter referred to as “the website”) (hereinafter: Customer) in relation to the services. The GTC applies to all legal transactions and services carried out through the website.
1.2. Pursuant to these GTC, any natural or legal person or entity without legal personality to whom Service Provider sells goods through this website shall be deemed to be a Customer. Customers are generally consumers within the meaning of Paragraph 1 (1) (2) and (1) (3) of the KSchG and traders within the meaning of Paragraph 1 (1) (Z) (1) of the KSchG.
1.3. There is no gender discrimination for better readability. This is done without any intention of discrimination. We treat all genders equally.
2. Acknowledgement of the GTC
2.1. Upon accepting the offer of the Service Provider, the Customer also accepts the present GTC.
2.2. The scope of the GTC does not cover the Contracts concluded by the Service Provider through the website only if the Service Provider has stipulated this in advance in writing.
2.3. Each time the customer makes a purchase offer in the web store, we will inform them of the current version of the General Terms and Conditions. By clicking on “I hereby confirm that I have read and agree to the Terms and Conditions”, Customer accepts the General Terms and Conditions in its current version. Acceptance of the terms is a condition of the purchase offer. The Buyer undertakes to read and accept the terms and conditions before confirming the purchase offer. The current terms are effective from January 1, 2022.
3. Protective clause
The general terms and conditions expressly recognized by Vegafuszeray OG or the terms and conditions of the customer that deviate from these terms and conditions are rejected.
4. Registration on the website, Customer account
4.1. Purchases on the website are possible both with and without registration (as a Guest) by ordering the product electronically in the manner specified in the GTC. However, a registered customer can shop faster and be up-to-date on the status of their orders, as well as monitor their previous orders.
4.2. The Customer is responsible for maintaining the confidentiality of the password associated with the customer’s account. Vegafuszeray OG can only check whether a password matches a properly activated customer access-right. There is no additional inspection obligation.
4.3. Vegafuszeray OG authorizes any person who logs in with the customer access-right issued in the online store and the associated password to place an order with legal effect in the Service Provider’s web store.
5. Scope of products available
The range of products that can be ordered and purchased by the Customer from the Service Provider’s offer can be viewed on the Service Provider’s website, while the price of each product can be reached by clicking on the given product. Products may differ from the images shown on the website in reality.
6. Purchase price of products available
6.1. The prices shown in the webshop are, without exception end-user prices. All price components are included: net price+VAT and taxes.
6.2. In all cases, the retail price of the products is the gross retail price (net price +VAT) indicated next to the given product. The retail price of the product does not include the cost of delivery.
6.3. Unless expressly agreed otherwise, product prices do not include shipping and insurance charges.
6.4. The Service Provider reserves the right to change the prices indicated on the website. The change in price shall take effect when it is published on the website. The Service Provider guarantees that the price changes that may arise after the acceptance of the order by the Service Provider will not affect the retail price of the already ordered products according to the bidding constraints between the parties and after the acceptance of the order. The Service Provider shall not be liable for the price indicated incorrectly, despite its diligence, such as the data recording errors attributable to the technical service provider operating the website or the IT system, or for the apparently incorrect, unrealistic price which may significantly differ from the well-known price level of the product. In such cases, the Service Provider is not obliged to supply the product at the wrong price indicated on the website, but in the confirmation of the order offer the delivery at the correct price, being aware of which the Customer, at their discretion, either orders the product at the right price, or may withdraw from the intention to purchase without any disadvantageous legal consequences to Service Provider and without any obligation imposed on the customer.
6.5. The shipping cost refers to the one-time delivery method indicated and selected on the website.
7. Order process, conclusion of the Contract between the Parties
7.1. Purchasing on the website is possible both with and without registration (as a guest) in the manner specified in the GTC, by the electronic ordering of the product, but the registered customer can purchase faster and be up to date with regards to the status of their orders, and can also monitor their previous orders. Registration is done by filling out the information form under the registration menu item on the main page of the website. When registering, Customer will need to provide the following data:
7.2. The same natural, legal person or other organization is entitled to register multiple independent registrations with different names and passwords, but Service Provider treats these registrations separately as separate registrations linked to the respective Customer.
7.3. The Service Provider reserves the right to verify the authenticity of the Customer’s data (given at the time of purchase), and if the authenticity of the data contained therein is doubtful, questionable or uninterpretable, to delete the order unilaterally. The Service Provider accepts orders only from persons of legal age, having own registered Hungarian or other European residential address, phone number and from legal entity or entity without legal personality having a registered seat (delivery address) registered in the EU. The Service Provider does not accept orders for other names.
7.4. The Customer selects the product from among the products on the website of the Service Provider, indicating at the same time the number of pieces to be ordered. Next to the products selected by the Customer, the unit prices are indicated, and after specifying the number of products, the system displays the costs related to the shipment as well as the total amount payable by the Customer. After completing the necessary fields (which are marked by an asterisk) the Customer, by clicking on the “order” icon, can verify all the data regarding the order and their personal data provided by themselves. If the Customer finds the data to be true and to their intent, they can send their order to the Service Provider by clicking on the “Purchase” icon. If the Customer wishes to change the data, they can return to the order form by clicking on the “cart contents” window and make the necessary modifications and corrections, so that after sending the order, Customer can modify or correct the order until the arrival of the Service Provider’s confirmation.
7.5. In all cases, the Service Provider’s order confirmation includes the description of the product(s) ordered by the Customer, the quantity, the method of delivery and payment chosen by the Customer, the price of the product and the shipping cost, as well as the expected delivery deadline undertaken by the Service Provider.
7.6. The date of the conclusion of the Contract between the parties by the Service Provider is the date of arrival (made available) of the order confirmation at the Customer’s e-mail address.
7.7. The Service Provider shall not be liable for any delay in delivery due to incorrect, incomplete or inaccurate data provided by the Customer or for any other delivery problem, for example, if the Customer cannot be reached at the address specified by the Customer, considering that Service Provider provides the Customer with the opportunity to verify the data during the ordering process. The order form technically cannot be sent to the Service Provider without the verification of the Customer, without the approval of the Customer. In addition, the Service Provider shall not be liable for any damages and other legal consequences arising from the Customer’s forgetting their password or if it becomes available to unauthorized third parties for reasons not attributable to the Service Provider.
8. Conclusion of a contract between the contracting parties
8.1. Offers in the web store are always “optional”.
8.2. The presentation of products in a web store does not constitute a legally binding offer, but a “non-binding online catalogue”.
8.3. The Customer’s order is legally a purchase offer.
8.4. By clicking on the “Order with payment” button, the customer places a binding order for the products in the cart. This order is not binding on Vegafuszeray OG until it has been expressly accepted. Vegafuszeray OG will acknowledge receipt of the purchase order to the customer immediately upon receipt of order. This acknowledgment of receipt does not constitute acceptance of the order.
8.5. The order is accepted by sending the delivery confirmation by e-mail or sending the ordered goods.
8.6. If the Customer fills in the order form incorrectly or incompletely, they will receive an error message informing Them of the cause of the error and the fact that no offer has been made due to the completion error.
8.7. The customer can place the order (purchase offer) via the online order form integrated in the Vegafuszeray OG webshop. After placing the selected goods and / or services in the virtual basket and completing the electronic ordering process, the customer makes a legally binding contract offer for the goods and / or services in the cart by clicking the end button.
8.8. Vegafuszeray OG can accept the customer’s offer within five working days,
I. by sending a written order confirmation, in which case the receipt of the order confirmation by the Customer is decisive, or
II. by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is the determining date or
III. by asking the customer for payment after placing the order
If more than one of the above alternatives exists, the contract will be concluded at the earliest time of any of the above alternatives. If Vegafuszeray OG does not accept the customer’s offer within the above-mentioned deadline, this will be deemed to be a rejection of the offer, as a result of which it will no longer be bound by the customer’s order (letter of) intent.
9. Customer ‘s right of withdrawal
9.1. In principle, the customer has the right of withdrawal.
9.2. The customer shall not be entitled to the right of withdrawal in respect of perishable or short-code-life products (Section 18 (1)(Z) 4) or in the case of products which may not be returned after opening upon delivery due to health or hygiene concerns. (Section 18 (1) (Z 5)) and for orders where the purchase order value less than € 50.00 (Section 2 (1) (Z) (1)). In such cases, the Customer does not have the right of withdrawal under Paragraph 11 of the FAGG. Below (section 9.3-9.6), the customer will be informed of his legal right of withdrawal and the exceptions pursuant to § 4 (1) Z 8–11 of the FAGG.
9.3. The Customer is entitled to withdraw the purchase order contract without giving any reason within fourteen days so long as the products ordered are
I. Perishable or short code-life, or
II. Products unsuitable for return due to health or hygiene reasons, or
III. Purchase orders where the order value is less than 50 Euro.
9.4. The withdrawal period shall be fourteen days from the date on which the goods were received by the customer or a third party other than the carrier named by the Customer.
9.5. To exercise the right of withdrawal, the customer is obliged to notify Vegafuszeray OG (Headquarters: Märzstrasse 21/8, Vienna 1150, Phone +3670 3949737, Email: email@example.com ) of this contract with a clear statement (by e-mail) about the decision to withdraw.
9.6. The Customer may exercise their right of withdrawal between the date of conclusion of the Contract and the date of receipt of the product. Before the expiry of the withdrawal period.
10. Exercising the Customer’s right of withdrawal
1.1. If the Customer wishes to exercise their right of withdrawal, they are obliged to provide the Service Provider with a clear statement (through email to firstname.lastname@example.org) of their intention to withdraw, including the bank account number, to which Vegafuszeray OG may refund the value of the products. Service Provider shall not be liable for any damages resulting from an erroneous bank transfer due to an incorrect bank account number. The Service Provider may withhold the price of the product until the Customer has returned the product or has demonstrated beyond doubt that they have returned it.
10.1. The Service Provider may withhold the value of the product until the Customer has returned the product or has confirmed beyond a reasonable doubt that it has been dispatched for return.
10.2. If the Customer withdraws from the Contract, they are obliged to return the product to the Service Provider’s logistics partner immediately, but no later than within fourteen days from the notification of the withdrawal: Logsta Gmbh; Wiedner Gürtel 13 / T24 / 2.OG 1100 Wien, Austria. The return is considered to have been completed on time if the Customer dispatches the product before the deadline.
11. Cost or product return
11.1. The direct cost of returning the goods is borne by the Customer.
11.2. The Customer is responsible for the depreciation resulting from use beyond the use required to determine the nature, properties and operation of the product.
12. Receipt of goods, delivery
12.1. The product(s) selected and ordered with the intention of purchase will be delivered by the Service Provider to the delivery address specified by the Customer through the selected shipping method. The delivery address may differ from the billing address. The delivery address specified at the time of the order cannot be changed later.
12.2. The weight specified by the Service Provider for the product at the time of ordering is net weight and does not include the weight of the packaging material.
12.3. The estimated delivery times are for information only and are not binding.
12.4. Delivery of the ordered goods is carried out by the courier service or transport company selected by the Service Provider, however without the guarantee of choosing the fastest and cheapest freight provider. The choice of supplier is at the discretion of Vegafuszeray OG and is subject to change at any time.
12.5. The cost of home delivery is valid for one-time delivery to a delivery address in the European Union.
12.6. If the shipping company returns the goods to Vegafuszeray OG because delivery to the customer was not possible, the costs of the missed delivery shall be borne by the customer. This does not apply if the customer is not responsible for the circumstance that led to the failed delivery or was temporarily prevented from accepting the offered service, unless Vegafuszeray OG notified the service to the Customer within a reasonable time. This also does not apply to shipping costs if the customer actually exercises their right of withdrawal. If the customer exercises their right of withdrawal successfully, the return costs will be subject to the provisions of the Vegafuszeray OG cancellation policy.
12.7. If the goods are not delivered due to the fault of the customer (for example, the Customer is not at home, provided wrong address, cannot pay the price for the goods), Customer is obliged to reimburse the fee for the re-delivery, even if it would otherwise be free. If the delivery is missed on two or more occasions from an address or from the same Customer, the Service Provider will send another goods on the order of this Customer or to this address only in case of advance payment, of which the Service Provider informs the Customer pursuant to the terms and conditions governing the order confirmation. If the customer acts as a re-distributor, the risk of accidental loss or damage to the goods sold passes to the customer as soon as Vegafuszeray OG has handed over the product to the forwarder, carrier or other person or company responsible for the transport.
12.8. Vegafuszeray OG reserves the right to withdraw from the contract with re-distributor in the event of faulty or incorrect delivery.
12.9. The Customer is obliged to check the integrity of the product packaging upon receipt, in case of accurate delivery, accept the product by signing the delivery note thus acknowledging the receipt, place and time of fulfillment. After the completion of this, the Service Provider does not accept any objection related to deficiencies. In any case, the Service Provider shall ensure the proper packaging of the product, suitable for transportation. If the Customer experiences any visible damage on the package upon receipt, the Customer shall be entitled to refuse the receipt, which must be indicated on the delivery note indicating the reason for refusal and signed by the Customer. The shipping company shall be liable for damages incurred during delivery, according to a separate agreement between the Service Provider (Vegafuszeray OG) and the respective freight service provider.
13. Retention of Goods ownership
13.1. All goods delivered by Vegafuszeray OG remain our property until full payment is received. The prior consent of Vegafuszeray OG is required for the buyer to sell the goods to a third party before full payment.
13.2. Vegafuszeray OG retains ownership of the goods delivered to the redistributors until all open claims from the existing business relationship have been fully settled by the ordering redistributor.
13.3. If the customer has not received the goods in accordance with the agreement (default acceptance), Vegafuszeray OG is entitled to store the goods, for which 0.1% of the gross invoice amount per calendar year may be charged as a storage fee.
14.1. We inform customers about the available payment methods in the Vegafuszeray OG online store.
14.2. Invoicing will take place as soon as possible after receipt of the order.
14.3. In the case of orders containing several products and / or units, Vegafuszeray OG is entitled to issue an invoice after the delivery of each unit or product.
14.4. The customer is not entitled to withhold payment due to incomplete delivery, warranty or warranty claims or complaints.
14.5. Payments received by Vegafuszeray OG first pay interest, interest and ancillary costs, pre-trial costs such as the costs of a lawyer and a collection agency, and then the outstanding principal, starting with the oldest debt.
14.6. In the case of a cross-border payments, the full cost of the transfer shall be borne by the Customer.
14.7. The Customer shall pay the full purchase price of the product(s) ordered and the shipping fee by bank transfer, credit card in one lump sum. The data and information required for the bank transfer, as well as the link to card payment, are available through the payment process in the webshop and are also included in the invoice mail sent automatically after the order was placed.
14.8. In the case of an advance payment by bank transfer, the payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.
14.9. In case of purchases through proforma invoicing, the purchase price is due after invoicing. In this case, the purchase price must be paid within 14 (fourteen) days from the receipt of the invoice, without deduction, unless otherwise agreed. The Seller reserves the right to offer an invoice purchase only up to a certain order quantity and will refuse this payment method if the specified order quantity is exceeded. In this case, the seller will draw the buyer’s attention to the appropriate payment limit in the payment information in the online store. The seller also reserves the right to perform a credit check when selecting a payment method for an invoice purchase and to reject this payment method in the event of a negative credit check.
14.10. Proforma invoicing is not possible if
15. Late Payments
The goods must be paid for by the agreed date. If the customer is in arrears, Vegafuszeray OG is entitled to claim default interest in accordance with § 1333 ABGB from the due date. In the event of late payment, all outstanding claims against the customer are due immediately, even if they are not based on this contract. Vegafuszeray OG is also entitled to demand an advance payment or a deposit.
16. Termination of the contract
16.1. Consumers resident in the EU usually have a right of withdrawal when concluding a remote contract.
16.2. The remote contract is a contract between Vegafuszeray OG (seller-service provider) and the customer (consumer), which is concluded without the simultaneous physical presence of the seller and the consumer and is concluded only by means of telecommunications (letter, internet, telephone). create the contract.
16.3. In the event of non-acceptance or other important reasons, such as, in particular, bankruptcy or lack of assets of the service provider and late payment by the customer, the service provider is entitled to withdraw from the contract if both parties have not yet performed in full.
16.4. In the event of a cancellation, if the customer is defective, Vegafuszeray OG may choose to claim a lump sum compensation of 15% of the gross invoice amount or compensation for the damage actually incurred.
16.5. Vegafuszeray OG is released from any further performance and delivery obligations if the customer is late with payment.
16.6. If the customer unauthorizedly withdraws from the contract or requests its termination, Vegafuszeray OG may choose to insist on the completion of the contract or consent to the termination of the contract. In the latter case, at the discretion of Vegafuszeray OG, the customer is required to pay a lump sum compensation equal to 15% of the gross invoice amount or the damage actually incurred.
17. Product Returns
17.1. Shipments returned for credit or exchange will only be accepted if they arrive at Vegafuszeray OG in perfect condition within four weeks of original customer delivery, stating the number and date of the invoice or delivery note. Shipping costs must be borne by the customer.
17.2. In any case, Vegafuszeray OG will charge the customer a handling fee of 10% of the invoice value for approved returns.
18. Cancellation and collection fees
18.1. In the event of late payment, the customer is obliged to reimburse Vegafuszeray OG for all pre-trial costs incurred by him, including attorneys’ fees and the costs of debt collection offices.
18.2. If Vegafuszeray OG operates the recovery procedure itself, the customer pays EUR 10 per demand plus interest and costs otherwise incurred.
18.3. In addition, the Customer shall be reimbursed for any further damage, in particular damage resulting from non-payment, which will result in a correspondingly higher interest rate on any credit account of Vegafuszeray OG, regardless of who is at fault for the late payment.
19. Liability for material defects, Product Warranty
19.1. Unless otherwise specified, general legislation shall prevail. Consumer transactions within the meaning of the Consumer Protection Act (KSchG) are subject to the general warranty provisions, in particular the General Civil Code (ABGB).
19.2. Defects caused by the customer are not covered by the warranty. This is especially true in the event of misuse, improper handling, or unauthorized repair attempts.
19.3. The customer is obliged to inspect the delivered goods for defects in quantity and quality and for damage upon receipt. If the goods are delivered with obvious delivery damage, the customer must immediately report it to the freight service provider and notify Vegafuszeray OG of any defects by e-mail or telephone on the day of delivery.
19.4. Failure to make a complaint or contact will not affect the statutory warranty claims of consumers and will only support Vegafuszeray OG in enforcing its claims against the company or insurer entrusted with the delivery of the goods.
19.5. In the case of manufacturer warranty, the customer must assert the resulting claim directly against the manufacturer.
19.6. Vegafuszeray OG excludes the manufacturer’s warranty liability. However, Vegafuszeray OG’s warranty obligations are not limited by the manufacturer’s warranty.
19.7. The customer’s warranty claim is usually limited to a replacement claim. The right to decide belongs to Vegafuszeray OG. If the replacement attempt fails within a reasonable time, the customer is entitled to choose between withdrawing from the contract for the service in question or reducing the sale price.
19.8. If the customer is a contractor / re-distributor under the UGB, the customer must check that the delivered goods have arrived in full and undamaged after arrival at the destination of the goods – otherwise the warranty rights will be lost (Section 377 UGB). The defect of the product must be proved by the Customer in the event of a product warranty claim. Defects in the goods which are not referred to immediately by the buyer in writing by e-mail, no later than 5 working days after the arrival of the goods at their destination, will not be accepted.
19.9. If the customer is acting as a re-distributor, the following also applies:
A minor defect does not, in principle, entitle you to a warranty claim,
19.10. Exceptions to this are errors which, despite a thorough examination, cannot be detected within the above time limit. These defects shall be deemed to have been confirmed if they are not validated as above immediately upon discovery.
19.11. We do not accept any liability for damage resulting from improper use or handling of the product. The same goes for normal wear.
19.12. Vegafuszeray OG does not guarantee that the images published in the online store will correspond to the goods actually delivered. Due to the resolution and size of the photos, product images may differ in color and size from the appearance of the shipped products. The delivered goods are considered to be in conformity with the contract if the delivered pieces meet the specified product description.
20. Legal notice, other provisions
20.1. The customer’s claim for damages against Vegafuszeray OG is excluded if Vegafuszeray OG or its alternates have not acted intentionally or with gross negligence.
20.2. The extent of liability is typically limited to foreseeable damage at the time of entering into the contract.
20.3. Vegafuszeray OG is not liable to redistributors for lost profits.
20.4. The Customer may claim damages arising from the breach of this contract against the Service Provider up to the amount of the remuneration already paid to the Service Provider. Liability for damages is not limited to damages caused intentionally or for breach of contract that damages human life, physical integrity or health.
20.5. Vegafuszeray OG shall not be liable if it is unable to fulfill its obligations under the contractual relationship due to circumstances for which it or a deputy’s representative is not responsible. This includes, but is not limited to, lack of energy or telecommunications services and force majeure.
20.6. The User acknowledges that the Service Provider is not liable for any error in the User’s computer, damage caused by viruses or any loss of data as a result of the use of the website, or for any unauthorized data related to the User’s computer or network for access or any other damage attributable to third parties or in connection with a force majeure event. If the Service Provider places links to third party content and web pages available from its own website, it is not responsible for the content and web pages placed by third parties and is not liable for these sites for damage resulting from the use of its content.
21. Change of General Terms and Conditions / Right to change reserved
21.1. The Service Provider is entitled to unilaterally amend the terms and conditions of these GTC at any time. The Service Provider publishes the changes on the website before they take effect. By accessing the Website after the changes take effect, Users expressly accept the changes.
21.2. If any provision of these GTC is invalid or unenforceable, it will not affect the validity or enforceability of the other provisions.
22. Language of the contract
22.1. The language of the contract is English.
23. Governing Law and Jurisdiction
23.1. The substantive law of the Republic of Austria shall apply, with the exception of the Austrian IPRG reference standards, the reference standards of Regulation (EC) No 593/2008 on the law applicable to contractual obligations (Rome I) and the UN provisions. Sales agreement.
23.2. In the case of subscribers, this choice of law is valid only in so far as it is not replaced by the mandatory provisions of the law of the country in which they have their habitual residence.
23.3. Paragraph 6 of the KSchG and Paragraph 864a of the ABGB § 879 (3) shall apply to the protection of the contracting authority, regardless of the law to which the contract is subject, if it has been drawn up in connection with the contractor’s activities in Austria for the purpose of concluding such contracts or for that purpose. persons used.
23.4. However, this choice of law should not lead to the customer being deprived of the protection afforded by the mandatory rules of his country of residence (cf. Article 6 (2), Rome I-VO). The application of the United Nations Convention on Contracts for the International Sale of Goods (UNCTAD) and reference standards is excluded.
23.5. In the case of consumer transactions in which the customer is domiciled or habitually resident in Austria, the court in whose district the consumer is domiciled or habitually employed shall have jurisdiction.
24. Arbitration and Online Dispute Resolution
24.1. In the event of a dispute, Vegafuszeray OG may participate in the Internet Ombudsman’s arbitration proceedings: https://ombudsmann.at/
24.2. In the event of a problem, the customer can submit a complaint through this platform and deal with it through an independent dispute resolution body: https://ec.europa.eu/consumers/odr
25. Final provisions
25.1. The above provisions apply to sales to customers within the meaning of the Consumer Protection Act only to the extent that the Consumer Protection Act does not provide for other mandatory provisions.
25.2. If any provision of these terms and conditions becomes invalid or unenforceable, it will not affect the validity of the remaining provisions.