GENERAL TERMS AND CONDITIONS
BeThrifty
Owner: Christian Mayr
Status: January 2022
1. Scope
2. Contract language
3. Applicable law, place of jurisdiction and place of performance
4. Online Dispute Resolution Platform
5. Conclusion of contract
6. Prices, Shipping Costs, Maturity and Default
7. Delivery
8. Information obligation
9. Cancellation policy
10. Retention of Title
11. Passing of Risk
12. Warranty
13. Manufacturer's Warranty
14. Liability
1. Scope
These general terms and conditions (hereinafter referred to as "GTC") of the non-registered sole proprietorship BeThrifty, owner Christian Mayr, Mariatroster Straße 251, 8044 Graz (hereinafter referred to as "BeThrifty"), in the version valid at the time of the order, apply to all contractual agreements concluded between BeThrifty and private customers (consumers) within the framework of the web shop www.bethrifty.store.
By placing an order, the customer agrees to these terms and conditions. These General Terms and Conditions apply to all future transactions.
Changes and additions to the terms and conditions as well as verbal agreements that deviate from the content of these terms and conditions only become effective with written confirmation by BeThrifty. BeThrifty expressly contradicts any general terms and conditions of the customer. General terms and conditions submitted by the customer that deviate from these GTC are not valid unless their validity has been expressly agreed in writing.
The terms and conditions are available as a printable PDF in the BeThrifty web shop at www.bethrifty.store.
2. Contract language
The contract language is German. All other information and transactions are offered in German.
3. Applicable law, place of jurisdiction and place of performance
These GTC and the contracts to be concluded with the inclusion of these GTC are subject to Austrian substantive law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention), unless mandatory provisions of the law in the country in which the customer - the consumer is – his stay has priority. The legal place of jurisdiction applies. Place of performance is the place of business of BeThrifty.
4. Online Dispute Resolution Platform
The EU Commission offers the possibility of online dispute resolution on an online dispute resolution platform operated by it. This dispute resolution platform can be reached via the external link http://ec.europa.eu/consumers/odr.
5. Conclusion of contract
All BeThrifty offers are invitations to the customer to make an offer. BeThrifty's offers are non-binding. An order can only be made if the customer data is provided in full. The customer's order represents a binding offer by the customer to conclude a contract. The receipt of the order is confirmed after the order has been sent by an automated e-mail (order confirmation), which does not yet represent acceptance of the contract.
The contract is legally effective upon payment of the (purchase) price. If, in the case of individual payment options, the (purchase) price is only to be paid at a later point in time, the contract comes into effect with the order confirmation from BeThrifty.
Information in catalogues, price lists, brochures, advertisements on exhibition stands, circulars, advertising mailings or other media (information material) about the goods offered by BeThrifty, which are not attributable to BeThrifty, are non-binding unless they have been expressly declared by BeThrifty in writing to be part of the contract.
6. Prices, Shipping Costs, Maturity and Default
The product prices specified by BeThrifty at the end of the ordering process are final prices including statutory VAT and other packaging, transport and shipping costs. The statutory VAT and other packaging, transport and shipping costs are shown separately during the ordering process, but are included in the final price.
Unless a discount has been expressly agreed, the customer is not entitled to deduct the discount. The purchase price is due immediately when the customer places the order, unless otherwise agreed.
BeThrifty accepts the payment methods listed on the website under the menu item Payment Options. Payment is processed by the payment service provider Mollie BV (Netherlands), Keizersgracht 313, 1016 EE Amsterdam (Mollie Terms of Use can be viewed at https://www.mollie.com/at).
In the event of a delay in payment, interest on arrears will be charged at the statutory rate from the due date of the claim. Further (legal) claims remain unaffected. Offsetting own claims against BeThrifty's claims is not permitted unless the claim is undisputed or has not been legally established or is not related to the customer's liabilities.
7. Delivery
BeThrifty will fulfill the order without undue delay. If the goods are in stock, the ordered goods will generally be shipped within 5 working days of receipt of payment. If the goods are not in stock, BeThrifty will inform the customer of the expected delivery date by email. However, dates and delivery dates are non-binding and only apply as a guide, unless they are expressly declared to be binding in writing. The delivery address specified by the customer is decisive for the delivery, unless otherwise agreed. BeThrifty reserves the right, at its discretion, to ship multi-item orders either separately or together, particularly if the quantities ordered are not available at once. BeThrifty delivers to addresses in Austria. Pick-up at the BeThrifty location is possible.
8. Information obligation
The customer must truthfully provide BeThrifty with all information and facts necessary for the provision of services. Changed circumstances, in particular changes to the customer's data (name, address, e-mail, etc.) should be brought to the attention of BeThrifty immediately.
9. Cancellation policy
Customers who are to be regarded as consumers can withdraw from a distance contract within 14 days without giving reasons. The instruction on the requirements and consequences of the revocation are given in the following revocation instruction:
right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods or on which you or a third party named by you who is not the carrier is, have taken possession of the last goods, the partial shipment or the last piece. In order to exercise your right of withdrawal, you must inform us
BeThrifty
Christian Mayr
Mariatroster Strasse 251
8044 Graz
Phone: 0664 / 25 30 414
Email: office@bethrifty.store
by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract.
For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us (BeThrifty, owner: Christian Mayr, Mariatroster Straße 251, 8044 Graz) immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exceptions to the right of withdrawal
In particular, the right of withdrawal does not apply to orders for the following goods:
• Goods which, due to their nature, have been inseparably mixed with other goods after delivery;
• Goods whose price depends on fluctuations in the financial market over which BeThrifty has no control and which may occur within the Withdrawal Period;
• Goods made to customer specifications or clearly tailored to personal needs and;
• Goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
10. Retention of Title
The delivered goods remain the property of BeThrifty until all claims arising from the contract, including interest, unjustified discounts retained by the customer or deductions not recognized by BeThrifty, costs incurred and the like, for whatever legal reason, have been paid. As long as there is a retention of title and all claims have not been settled in full, the customer undertakes to treat the goods with care and to comply with due diligence. Pledges or assignments as security prior to full payment are excluded. If the goods are seized or confiscated or otherwise accessed by third parties, the customer must point out BeThrifty's ownership, inform BeThrifty immediately and send BeThrifty all information and documents required to enforce ownership rights.
11. Passing of Risk
The general statutory provisions on the transfer of risk apply. If the customer has concluded the contract of carriage himself without using one of the options suggested by BeThrifty, the risk passes to the carrier as soon as the goods are handed over.
12. Warranty
The general statutory provisions of warranty law apply. The warranty means the statutory liability of BeThrifty for defects that the purchased goods have at the time of delivery to the customer. Defects that only appear at a later point in time are generally not covered by the warranty. Warranty claims must be asserted within a period of two years from handover, whereby BeThrifty has to prove within the first six months from handover that the defect did not exist at the time of handover. In the event of a warranty claim, BeThrifty is entitled to improve or replace the product. Only if the improvement or exchange is impossible or would involve a disproportionately high effort for BeThrifty or BeThrifty cannot meet the exchange or improvement request or cannot meet it within a reasonable period of time, is the customer entitled to a price reduction or conversion (complete cancellation of the contract) to desire. If this has been individually agreed with the customer, the period for asserting warranty claims for used goods is reduced to one year.
The goods offered by BeThrifty are 100% second-hand goods, so they may well show signs of wear or use.
13. Liability
The general statutory liability provisions apply. Liability for slight negligence in the event of property damage is excluded. Claims for damages become statute-barred within 3 years from knowledge of the damage and the damaging party.
Sample cancellation form
(If you want to revoke the contract, please fill out this form and send it back)
On
BeThrifty
Owner: Christian Mayr
Mariatroster Strasse 251
8044 Graz
Email: office@bethrifty.store
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of consumer(s): ………………………………………………………………………………………..
Address of consumer(s): ………………………………………………………………………………………..
………………………………………………………………………………………..
………………………………………………………………………………………..
Signature of the consumer(s) ……………………………………. (only if notification is on paper)
Date ……………………………………………..
(*) Delete where not applicable.