(This is a translation of the German version. In cases of doubt, the German version shall prevail.)
General Terms and Conditions
Terms of contract of purchases made via the platform https://traindee.com
+43 (720) 3481610
Commercial Register Number: FN 459654m
Sales Tax ID: ATU44386507
– hereinafter “provider” –
the users of this platform, referred to in § 2 of these Terms and Conditions – hereinafter referred to as “Customer / Customers”.
§ 1 Scope
For the business relationship between the supplier and the customer, the following general terms and conditions of business apply in their version valid at the time of the order. Deviating conditions of the customer are not recognized, unless the offerer expressly agrees to their validity in writing.
§ 2 Conclusion of Contract
(1) The customer can select products from the assortment of the supplier and collect them via the button “Add to cart” in a so-called shopping basket. Using the order button (for exampe, “Buy Now”) he submits a binding request for the purchase of the goods in the shopping basket. Before sending the order, the customer can change and view the data at any time.
(2) The supplier then sends the customer an automatic acknowledgment of receipt by e-mail in which the customer’s order is re-listed and the customer can print out using the “Print” function. The order of the customer (1) represents the offer to contract conclusion with the respective contents of the goods basket. The acknowledgment of receipt (order confirmation) represents the acceptance of the offer by the offerer. In this the contents of the order are summarized. In this e-mail or in a separate e-mail, but at the latest on delivery of the goods, the contract text (consisting of order, general terms and conditions and order confirmation) is sent to the customer by us on a durable data carrier (e-mail or paper). The text of the contract is stored in compliance with data protection.
(3) The contract is concluded in the following languages: German.
§ 3 Delivery, goods availability, payment modalities
(1) Delivery times stated by us are calculated from the date of our order confirmation (§ 2 (2) of these terms and conditions), prior payment of the purchase price.
(2) If the product designated by the customer in the purchase order is only temporarily unavailable, the supplier also notifies the customer without delay. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In this case, the offerer is also entitled to terminate the contract. In this case, he will refund any payments already made by the customer without delay.
(3) The following delivery restrictions exist: The offerer only delivers to customers who have their usual place of residence (invoice address) in one of the following countries and can specify a delivery address in the same country: Austria, Germany.
(4) The customer can make the payment using methods listed on the cash desk page.
(5) The payment of the purchase price is payable immediately upon conclusion of the contract. If the payment is due according to the calendar, the customer is already in default by neglecting the date.
§ 4 Retention of title
The delivered goods remain the property of the supplier until full payment of the purchase price.
§ 5 Prices and shipping costs
(1) All prices, which are stated on the website of the offerer, are inclusive of the applicable legal value added tax.
(2) The corresponding shipping costs shall be indicated to the customer in the order form and shall be borne by the customer insofar as the customer does not exercise any right of revocation.
(3) The customer has to bear the direct costs of the return in case of a revocation.
§ 6 Warranty for defects
(1) The supplier is liable for material defects according to the applicable legal regulations. The warranty period for suppliers supplied by the supplier is 12 months.
§ 7 Liability
(1) Customer claims for compensation are excluded. This excludes any claims for damages on the part of the customer resulting from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages arising from an intentional or grossly negligent breach of duty by the supplier, his legal representatives or vicarious agents. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the supplier is only liable for the foreseeable damage which is typical for the contract, if this is simply caused by negligence, unless the customer is claiming damages from injury to life, body or health.
(3) The limitations of paragraphs (1) and (2) shall also apply to the legal representatives and agents of the provider if claims are directly asserted against them.
(4) The provisions of the Product Liability Act remain unaffected.
§ 8 Notes on data processing
(1) The provider collects data of the customer within the framework of the processing of contracts. In doing so, he / she takes particular note of the provisions of the Federal Data Protection Act and the Telemedia Act. Without the Customer’s consent, the Supplier will only collect, process or use the Customer’s stock and usage data, as far as this is necessary for the handling of the contractual relationship and for the use and billing of telemedia.
(2) Without the consent of the customer, the provider will not use the customer’s data for purposes of advertising, market or opinion research.
§ 9 Final provisions
(1) The law of the Federal Republic of Austria shall apply to contracts between the offerer and the customer, with the exclusion of the UN purchase law and international private law.
(2) If the customer is a merchant, a legal entity under public law or a public-law special fund, the court of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the place of business of the provider.
(3) The contract shall remain binding in the remaining parts of the contract even if individual points are legally invalid. Instead of the ineffective points, the statutory regulations occur, if available. To the extent that this would represent an unreasonable hardship for a contractual party, the contract becomes ineffective in its entirety.
§ 10 Consumer protection
Under current law, we are obliged to inform consumers about the existence of the European Online Dispute Resolution Platform, which can be used to settle disputes without the need for a court to intervene. The European Commission is responsible for setting up the platform. You can find the European online dispute settlement platform here: http://ec.europa.eu/odr
We hereby inform you that we are not participating in and are not obliged to take part in dispute settlement proceedings of a consumer compensation agency.Terms & Conditions