General Terms and Conditions
Table of Contents
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- Scope of Application
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Terms
- Retention of Title
- Liability for Defects (Warranty)
- Special Conditions for Processing Goods According to Customer Specifications
- Applicable Law
- Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of Peter Kuden, trading as "Vellaroa" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded between a consumer or an entrepreneur (hereinafter "Customer") and the Seller regarding the goods displayed by the Seller in their online shop. The inclusion of the Customer’s own terms is hereby rejected unless otherwise agreed.
1.2 These GTC also apply accordingly to contracts for the delivery of goods with digital elements unless otherwise regulated. In this case, the Seller owes, in addition to the delivery of the goods, the provision of digital content or digital services (hereinafter "digital products") that are contained in or connected to the goods in such a way that the goods cannot fulfill their functions without them.
1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business, or profession.
1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their trade, business, or profession.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller but serve to submit 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 in the virtual shopping cart and completing the electronic ordering process, by clicking the button concluding the ordering process, the Customer submits a legally binding offer regarding the goods contained in the shopping cart.
2.3 The Seller can 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 email), with receipt of the order confirmation by the Customer being decisive, or
- by delivering the ordered goods to the Customer, with receipt of the goods by the Customer being decisive, or
- by requesting payment from the Customer after submission of the order.
If several of the above alternatives apply, the contract is concluded at the moment when one of the alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends with the expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer’s offer within this period, this is considered a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 When selecting a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), subject to the PayPal Terms of Use, available 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, available at:
https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
If the Customer uses a payment method offered by PayPal selectable in the online order process, the Seller declares acceptance of the Customer’s offer at the moment the Customer clicks the button concluding the order process.
2.5 When an offer is submitted via the Seller’s online order form, the contract text is stored by the Seller after conclusion of the contract and transmitted to the Customer after dispatch of the Customer’s order in text form (e.g., email, fax, or letter). The Seller does not make the contract text accessible beyond this.
2.6 Before submitting a binding order via the Seller’s online order form, the Customer can identify potential input errors by carefully reading the information displayed on the screen. An effective technical means of better detecting input errors can be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until clicking the button that concludes the ordering process.
2.7 The only language available for concluding the contract is German.
2.8 Order processing and contact generally take place via email and automated order processing. The Customer must ensure that the email address provided by them for order processing is correct so that emails sent by the Seller can be received. In particular, the Customer must ensure that, when using spam filters, all emails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Detailed information on the right of withdrawal can be found in the Seller’s cancellation policy.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices. VAT is not shown as the Seller is a small business within the meaning of the UStG. Any additional delivery and shipping costs are indicated 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 must be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in connection with money transfers if the delivery does not take place to a country outside the European Union but the Customer makes payment from a country outside the European Union.
4.3 The payment method(s) available to the Customer is/are communicated in the Seller’s online shop.
4.4 If a payment method offered via “Shopify Payments” is selected, payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland ("Stripe"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller’s online shop. Stripe may use other payment services for processing payments, which may be subject to special payment conditions, to which the Customer may be separately referred. More information about “Shopify Payments” is available online at:
https://www.shopify.com/legal/terms-payments-de
5) Delivery and Shipping Terms
5.1 If the Seller offers shipping of the goods, delivery is made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller’s order processing is decisive. In deviation from this, if the payment method PayPal is selected, the delivery address stored by the Customer with PayPal at the time of payment is decisive.
5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs for the initial shipment if the Customer effectively exercises their right of withdrawal. For return shipping costs in the event of an effective exercise of the right of withdrawal by the Customer, the provisions set out in the Seller’s cancellation policy apply.
5.3 If the Customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment. If the Customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes only upon handover of the goods to the Customer or a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer as soon as the Seller has delivered the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment if the Customer has commissioned such a person or institution to carry out the shipment 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 in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. If the goods are unavailable or only partially available, the Customer will be informed immediately, and any consideration will be refunded without delay.
5.5 Collection by the Customer is not possible for logistical reasons.
6) Retention of Title
If the Seller provides goods in advance, the Seller retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for Defects (Warranty)
7.1 Unless otherwise specified below, the provisions of statutory liability for defects apply. Deviating from this, the following applies 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 limitation period for defects in new goods is one year from delivery of the goods;
- claims and rights due to defects in used goods are excluded;
- the limitation period does not start anew if a replacement delivery is made under liability for defects.
7.3 The limitations of liability and reductions in limitation periods set out above do not apply:
- to claims for damages and reimbursement of expenses by the Customer,
- if the Seller has fraudulently concealed the defect,
- to goods which, in accordance with their usual use, have been used for a building and have caused its defectiveness,
- to any existing obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.
7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claim remain unaffected.
7.5 If the Customer is acting as a consumer, they are requested to complain to the delivery agent about goods delivered with obvious transport damage and to inform the Seller thereof. If the Customer does not comply with this request, this has no effect on their statutory or contractual claims for defects.
8) Special Conditions for Processing Goods According to Customer Specifications
8.1 If, according to the content of the contract, the Seller owes not only the delivery of the goods but also the processing of the goods according to the Customer’s specifications, the Customer must provide the Seller with all content required for processing, such as texts, images, or graphics, in the formats, layouts, image, and file sizes specified by the Seller and grant the Seller the necessary rights of use. The Customer is solely responsible for procuring and acquiring rights to these contents. The Customer declares and assumes responsibility that they are entitled to use the content provided to the Seller. In particular, the Customer ensures that no rights of third parties are infringed, including copyright, trademark, and personal rights.
8.2 The Customer indemnifies the Seller against claims by third parties which they may assert against the Seller in connection with an infringement of their rights due to the contractual use of the Customer’s content by the Seller. The Customer also bears the necessary costs of legal defense, including all court and attorney fees at the statutory rate. This does not apply if the Customer is not responsible for the infringement. In the event of a claim by a third party, the Customer is obliged to provide the Seller immediately, truthfully, and completely with all information necessary to examine the claims and defend them.
8.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer violates statutory or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth-endangering, and/or violence-glorifying content.
9) Applicable Law
All legal relationships between the parties are governed by the laws of the Republic of Austria, excluding the laws governing the international sale of goods. For consumers, this choice of law applies only to the extent that the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.
10) Alternative Dispute Resolution
10.1 The EU Commission provides a platform for online dispute resolution at the following link:
https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
10.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.