General Terms and Conditions

General Terms and Conditions

1.1 The following General Terms and Conditions (hereinafter "GTC") apply to all contracts concerning the delivery of goods between the consumer or entrepreneur (hereinafter "Customer") and the company dsdsd, trading under the name "sdsdsd" (hereinafter "Seller"). These GTC govern the contractual relationship for the goods presented by the Seller on the internet trading platform SHOMUGO (hereinafter "SHOMUGO"). Any conflicting or deviating conditions of the Customer shall not apply unless expressly agreed otherwise.

1.2 A "Consumer" within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor his self-employed professional activity.

1.3 An "Entrepreneur" within the meaning of these GTC is a natural or legal person or a legal partnership that, when entering into a legal transaction, acts in the exercise of its commercial or self-employed professional activity.

Conclusion of Contract

3.1 SHOMUGO's product presentations do not constitute binding offers by the Seller but serve as a platform for the Customer to submit a legally binding offer.

3.2 Via the online order form on SHOMUGO, the Customer has the opportunity to submit his offer. After placing the selected products in the virtual shopping cart and completing the digital ordering process, the Customer submits a binding contract offer regarding the products contained in the shopping cart by clicking the button that concludes the ordering process.

3.3 The Seller has the option to accept the Customer's offer within five days by a) sending a written or text confirmation (email) to the Customer - in this case, the receipt of the confirmation by the Customer is decisive, or b) delivering the ordered goods to the Customer - in this case, the receipt of the goods by the Customer is decisive, or c) requesting payment from the Customer after placing his order. If several of the mentioned options apply, the contract is concluded at the time of the first realization of one of the options. The period for accepting the offer begins one day after its submission by the Customer and ends on the fifth day after the submission of the offer. If the Customer's offer is not accepted within this period, it is considered rejected, and the Customer is no longer bound to his declaration of intent.

3.4 When choosing a payment method provided by PayPal, the payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal") in accordance with the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - under the terms for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer chooses a payment method provided by PayPal during the online ordering process, the Seller already declares acceptance of the Customer's offer at the moment the Customer clicks the button that concludes the ordering process.

3.5 After the conclusion of the agreement, the contractual text is stored by the Seller and sent to the Customer in text form (e.g., email or letter) after the Customer has submitted his order. The Seller does not provide any further provision of the contractual text.

3.6 The Customer can identify any input errors by carefully reading the information displayed on the screen. The Customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.

3.7 Only German language is available for the conclusion of the agreement.

3.8 The ordering process and communication take place via email and automated order processing. The Customer is responsible for ensuring that the email address provided by him for order processing is correct so that he can receive the emails sent by the Seller. In particular, the Customer must ensure that all emails sent by the Seller can be delivered when using SPAM filters.

Right of Withdrawal

3.1 Consumers generally have a right of withdrawal. Further information on the right of withdrawal can be found in the Seller's withdrawal policy.

Prices and Payment

4.1 The prices indicated by the Seller are final prices including VAT. Any applicable delivery and shipping costs will be specified separately in the respective product description.

4.2 The payment option(s) will be communicated to the Customer in the Seller's offer and during the checkout process on SHOMUGO.

4.3 The purchase price is due for payment without deduction immediately.

Delivery and Shipping

5.1 If the Seller offers shipping of the goods, delivery will take place within the delivery area specified by the Seller to the delivery address provided by the Customer unless otherwise agreed. The delivery address specified in the order processing on SHOMUGO is decisive for the transaction processing.

5.2 Should the delivery of the goods fail due to reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. The Customer shall not bear the costs for the outbound shipment if he effectively exercises his right of withdrawal. For the return costs, the provisions in the Seller's withdrawal policy apply in case of effective exercise of the right of withdrawal by the Customer.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has delivered the goods to the carrier, the freight forwarder, or another person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the Customer or a person entitled to receive the goods upon handover of the goods. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer as a consumer when the Seller has delivered the goods to the carrier, the freight forwarder, or another person or institution designated to carry out the shipment, provided that the Customer has instructed the carrier, the freight forwarder, or the person or institution designated to carry out the shipment to carry out the delivery and the Seller has not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract if proper or orderly self-supply is not possible. This only applies if the non-delivery is not the Seller's fault and the Seller has concluded a specific cover transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately, and the consideration will be refunded immediately.

Retention of Title

6.1 If the Seller makes advance payment, he retains ownership of the delivered goods until the full purchase price has been paid.

Liability for Defects / Warranty

7.1 Unless expressly agreed otherwise, the statutory provisions regarding liability for defects and warranty shall apply. However, the following special regulations apply to contracts for the delivery of goods:

7.2 If the Customer acts as an entrepreneur,

- the Seller has the right to choose the type of subsequent performance.
- the statute of limitations for defects in new goods is one year from the time of delivery of the goods.
- all rights and claims due to defects in used goods are excluded.
- the statute of limitations for warranty claims is not restarted if a replacement delivery is made as part of the liability for defects.

7.3 The above-mentioned limitations of liability and shortening of the statute of limitations do not apply
- to claims for damages and reimbursement of expenses of the Customer,
- if the Seller has maliciously concealed the defect,
- to goods that have been used in accordance with their normal use for a building and have caused its defectiveness,
- to any obligation of the Seller to provide updates for digital products in the case of contracts for the delivery of goods with digital elements.

7.4 Furthermore, the statutory limitation periods for any potential statutory recourse claim by the entrepreneur remain unaffected.

7.5 If the Customer acts as a consumer, he is asked to report any obvious transport damage to the carrier and to inform the Seller accordingly. Failure to comply with this request will not affect the Customer's statutory or contractual warranty claims.

Applicable Law

8.1 The law of the Republic of Austria applies to all legal relationships between the parties, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods. If the contracting party is a consumer, this choice of law is only applicable to the extent that the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

Alternative Dispute Resolution

9.1 The European Commission provides a platform for online dispute resolution (ODR) at the following link: ec.europa.eu/consumers/odr

9.2 The platform serves as a point of contact for out-of-court resolution of disputes arising from online purchase or service contracts in which a consumer is involved.

9.3 The Seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.