Terms of Service

TERMS OF SERVICE

Status: 01.06.2022

1) Scope

1.1These General Terms and Conditions (hereinafter "GTC") of

Johann Stegny

1090 Vienna, Rögergasse 18, Austria / EU
+4313199863
autoshow@aon.at

apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") concludes with the seller with regard to his goods and services. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.

A consumer is any natural person who engages in a transaction that is not part of the operation of their business. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. Stock corporations, limited liability companies, commercial and economic cooperatives, mutual insurance associations, savings banks, European economic interest groups (EEIG), European companies (SE) and European cooperatives (SCE) are entrepreneurs by virtue of their legal form.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.

2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After configuring the selected goods or services and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods or services contained in the shopping cart by clicking the button that concludes the ordering process. The customer can also place the order by telephone, e-mail or contact form.

2.3 The seller can accept the customer's offer within three working days,

  • by sending the customer a written order confirmation or an order confirmation in text form (e-mail), whereby receipt of the order confirmation by the customer is decisive, or
  • by asking the customer to pay after placing his order

If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the third working day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.

2.4 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail) after the order has been sent.;

The seller does not make the contract text accessible beyond this.; 

2.5 The German language is available for the conclusion of the contract.

2.6 Order processing and contact are usually made via email 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 by third parties commissioned to process the order can be delivered.

2.7 In the event of collection, the seller first informs the customer by e-mail that the goods he has ordered are ready for collection. After receiving this e-mail, the customer can collect the goods at the seller's registered office after consultation with the seller. In this case, no shipping costs will be charged.

3) Right of Withdrawal

3.1Consumers residing in the EU generally have the right to withdraw from a distance contract.

A distance contract is a contract between the seller and a consumer concluded without the simultaneous physical presence of the seller and the consumer, whereby only means of distance communication (internet, telephone) are used up to and including the conclusion of the contract.

4) Prices and terms of payment

4.1 Unless otherwise stated in the seller's product and service description, the prices quoted are total prices that include statutory sales tax.

5) Retention of title

5.1 In relation to its customers, regardless of whether they are consumers or entrepreneurs, the seller reserves title to the goods provided until the purchase price owed has been paid in full.

6) Deliveryand shipping conditions

6.1 Our offers are open to all customers worldwide.

6.2 Goods are delivered to the delivery address specified by the customer, unless otherwise agreed.

6.3 If the customer acts as an entrepreneur, the risk of loss of or damage to the goods sold passes to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier or the person or company otherwise responsible for carrying out the shipment. If the customer acts as a consumer, the risk only passes to the consumer as soon as the goods are delivered to the consumer or to a third party designated by the consumer who is different from the carrier. However, if the consumer himself has concluded the contract of carriage without using a choice proposed by the entrepreneur, the risk passes to the carrier as soon as the goods are handed over.

7) Warranty/Liability

7.1 The provisions of the statutory warranty apply.

The seller is responsible for ensuring that the goods have the objectively required properties in addition to the contractually agreed properties. This does not apply if the consumer expressly and separately agrees to the deviation of a certain feature from the objectively required properties when concluding the contract, which he does by placing his order after he has been specifically informed of this deviation in the product description.

If the customer acts as an entrepreneur, the following also applies:

  • In principle, an insignificant defect does not justify any warranty claims,
  • The seller has the choice of how to remedy the defect
  • The statute of limitations does not begin again if a replacement delivery is made as part of the liability for defects.
  • If the customer acts as an entrepreneur within the meaning of the UGB, he is subject to the commercial obligation to examine and give notice of defects in accordance with § 377 UGB. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.

The seller is not liable for slight negligence, unless personal injury is involved. These liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.

8) Jurisdiction/Applicable Law

8.1. Austrian substantive law applies exclusively, excluding the UN sales law. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn. For consumers with domicile/habitual abode outside the EU, this choice of law only applies to the extent that the statutory right of withdrawal in distance selling is excluded and therefore not granted, unless the statutory right of withdrawal in distance selling is not subject to mandatory provisions of the law of the country in which the consumer has his habitual residence.

8.2. In relation to entrepreneurs, the materially competent court at the seller's registered office is agreed as the exclusive competent court. This also applies to consumers with their place of residence/habitual abode, but only to the extent that this does not contradict mandatory statutory provisions.

9) Alternative Dispute Resolution

9.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr

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