Table of Contents
1. scope of application
2. conclusion of contract
3. right of revocation
4. Prices and terms of payment
5. terms of delivery and dispatch
6. Retention of title
7. liability for defects
8. Applicable law
1) Scope of application
1.1 These General Terms and Conditions (hereinafter "GTC") of Avitech, Dkfm. Edvard Potisk e. U. (hereinafter "Seller"), apply to all contracts concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller with regard to the goods and/or services presented by the Seller in his online shop. Hereby the inclusion of own conditions of the customer is contradicted, unless otherwise agreed.
1.2 These GTC apply accordingly for the purchase of vouchers, unless otherwise expressly agreed.
1.3 For the purposes of these General Terms and Conditions, a consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
2) Conclusion of contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to provide a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods and/or services in the virtual shopping basket and having gone through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods and/or services contained in the shopping basket by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, fax, e-mail or post.
2.3 The Seller may accept the Customer's offer within five days,
by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
by delivering the ordered goods to the customer, whereby the receipt of the goods at the customer is decisive in this respect, or
by requesting payment from the customer after placing the order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4 If the customer selects "PayPal Express" as the payment method in the online order process, he also places a payment order with his payment service provider by clicking the button that completes the order process. In this case, in deviation from section 2.3, the Seller hereby declares its acceptance of the Customer's offer at the time when the Customer initiates the payment transaction by clicking the button completing the order process.
2.5 The period for acceptance of the offer begins on the day after dispatch of the offer by the customer and ends on the expiry of the fifth day following dispatch of the offer.
2.6 When an offer is submitted via the Seller's online order form, the text of the contract is stored by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) together with these General Terms and Conditions after his order has been sent. However, the text of the contract can no longer be called up by the customer after sending his order via the website of the seller.
2.7 Before placing a binding order via the online order form of the seller, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
2.8 Orders are usually processed and contacted by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
3) Right of revocation
Consumers are generally entitled to a right of revocation. More detailed information on the right of revocation can be found in the seller's revocation instructions.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller's offer, the prices quoted are final prices which include the statutory value-added tax. If necessary, additional delivery and shipping costs will be stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties).
4.3 The customer has various payment options at his disposal, which are specified in the seller's online shop.
4.4 If prepayment has been agreed, payment is due immediately after conclusion of the contract.
5) Delivery and shipping conditions
5.1 Unless otherwise agreed, goods shall be delivered by dispatch to the delivery address specified by the customer. The delivery address specified in the seller's order processing is decisive for the processing of the transaction.
5.2 If the carrier returns the shipped goods to the seller, as delivery to the customer was not possible, the customer shall bear the costs of unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had notified him of the service a reasonable time in advance.
5.3 In the case of self-collection, the seller first informs the customer by e-mail that the goods ordered by him are ready for collection. After receipt of this e-mail, the customer can pick up the goods at the seller's registered office after consultation with the seller. In this case no shipping costs will be charged.
6) Retention of title
If the seller makes advance payment, he retains title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects
The statutory liability for defects shall apply.
8) Applicable law
8.1 Austrian substantive law shall apply. The applicability of the UN Sales Convention is excluded. This provision does not apply to consumers.
8.2 For the decision of all disputes arising from this contract, the competent local court at the registered office of our company shall have local jurisdiction. However, we also have the right to sue at the general place of jurisdiction of the contractual partner. All actions brought against a consumer who has his domicile, habitual residence or place of employment in Germany in respect of disputes arising from this contract shall be brought before one of the courts in whose jurisdiction the consumer has his domicile, habitual residence or place of employment. For consumers who are not resident in Austria at the time the contract is concluded, the legal places of jurisdiction shall apply.
12) Information on online dispute resolution
In the first quarter of 2016, the EU Commission will provide an Internet platform for the online settlement of disputes (so-called "OS platform"). The OS platform is intended to serve as a contact point for out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts.
The OS platform will be available at the following link: