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Terms of service

GENERAL TERMS AND CONDITIONS FOR THE ONLINE SHOP www.dolomite.at

of HSCI Handel GmbH, Maria-Theresien-Str. 31, 6020 Innsbruck, Austria, commercial register number FN 459123g (hereinafter referred to as DOLOMITE by HSCI Handel GmbH) valid from November 15.11.2020, XNUMX.

 

  1. SCOPE

For your orders with us, the following general terms and conditions (GTC) apply between you as a customer and us as DOLOMITE by HSCI Handel GmbH from November 15.11.2020, XNUMX, regardless of the means of communication used for your order. Please read these terms and conditions carefully before placing an order. At the end of your order process in our online shop, we will also separately point out that these terms and conditions apply to your order in question. In individual individual cases, something else can be agreed, e.g. in an individual sales talk or in other individual correspondence.

 

  1. PURCHASE CONTRACT

The product presentations in the online shop of DOLOMITE by HSCI Handel GmbH are used to submit a purchase offer. By clicking the "Buy now" button, the customer makes a binding purchase offer.

The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalog in the sense of an invitation to the customer to submit his purchase offer. By clicking the "Buy now" button, the customer places a binding order for the items in the shopping cart contained goods. The confirmation of the receipt of the order follows immediately after the order has been sent and does not yet constitute an acceptance of the contract.

The following applies to all deliveries: We will accept the order with a dispatch confirmation by email to you.

If a product you have ordered is exceptionally unavailable, we will notify you immediately by email. You can then cancel your order free of charge.

The goods remain our property until they have been paid for in full.

We save the text of the contract and send you the order data and our terms and conditions in text form. For security reasons, the text of the contract is no longer accessible via the Internet.

The language available for the contract is German. 

  1. PRICING

The prices listed in the offer at the time of the order apply. All prices stated include the applicable statutory value added tax. Prices can be revoked, but such revocation does not affect sales contracts that have already been concluded.

Corporate customers outside Austria will be charged the prices without VAT after correct checking of the VAT number, if this is legally possible.

 

  1.    SHIPPING

We reserve the right to deliver orders only when all previous deliveries have already been paid for.

The customer's order is delivered as a complete delivery. However, we are entitled to make partial deliveries.

The delivery takes place from the company location of DOLOMITE by HSCI Handel GmbH. When the goods are handed over to the customer, the risk is transferred to the customer.

There is generally no delivery on Saturdays, Sundays and public holidays, Christmas and New Year's Eve. Then the delivery time can be extended accordingly.

Note: The delivery date depends on several factors, such as the type of item or shipping method and availability. If the goods are not in stock, the goods are first delivered by a supplier. Accordingly, the delivery time is extended to the delivery time specified in the order process. The total delivery time of the order is based on the product with the longest delivery time.

We are not responsible for delays in delivery and performance due to force majeure. If events of force majeure occur, DOLOMITE by HSCI Handel GmbH is entitled to postpone delivery for the duration of the hindrance and DOLOMITE by HSCI Handel GmbH will notify the customer of the delay immediately. The customer then has the right to withdraw in whole or in part from the part of the contract that has not yet been fulfilled by setting a reasonable grace period for DOLOMITE by HSCI Handel GmbH, or to insist on the fulfillment of the affected parts of the contract by DOLOMITE by HSCI Handel GmbH. Force majeure is equivalent to strikes, natural disasters, war, blockades, export and import bans and other sovereign interventions, regardless of whether they are at DOLOMITE by HSCI Handel GmbH, a supplier of DOLOMITE by HSCI Handel GmbH, a logistics partner or the customer enter.

There is no minimum order value. The applicable shipping costs apply to each order.

Subsequent deliveries will be sent free of charge by us.

Should the amount fall below the minimum order value or minimum purchase value for free shipping after the goods have been returned, the amount of the shipping costs will be deducted from the repayment amount.

 

  1.    PAYMENT METHODS

Payment is made via SOFORT transfer, credit card (MasterCard, VISA, etc.) or PayPal.

If the customer is in default of payment, we reserve the right to charge default interest of 4% pa. We are entitled to assign our claims or pass them on to a third party.

 

  1.    REFUND POLICY

Right of Cancellation

The customer has the right to withdraw from this contract within fourteen (14) days without giving any reason. The cancellation period is fourteen (14) days from the day

  1. a) the conclusion of the contract (this applies in the case of a service contract or in the case of digital content that is not supplied on a physical data carrier);
  2. b) on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods (this applies in the case of a sales contract);
  3. c) on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods (this applies in the case of a contract for several goods that you have ordered as part of a single order and which delivered separately);
  4. d) on which you or a third party named by you, who is not the carrier, has or has taken possession of the last partial shipment or the last piece (this applies in the case of a contract for the delivery of goods in several partial shipments or pieces) ;
  5. e) on which you or a third party named by you, who is not the carrier, has or has taken possession of the first goods (this applies in the case of a contract for the regular delivery of goods over a specified period of time).

In order to exercise the right of withdrawal, the customer can contact us (DOLOMITE by HSCI Handel GmbH, Maria-Theresien-Str. 31, 6020 Innsbruck, Austria, email: innsbruck@dolomite.at, telephone number: +43 512 55 25 29) by means of a a clear declaration (e.g. by email) about his decision to withdraw from this contract. He can use the following sample as a withdrawal form, which is not mandatory, especially since the declaration of withdrawal is not tied to a specific form.

 

An
DOLOMITE by HSCI Handel GmbH
Maria-Theresien-Str. 31

Department store Tyrol
6020 Innsbruck

I hereby revoke> Name of the consumer (s) <the contract I concluded for the purchase of the following goods: ____________________________________

  • ordered on / received on:
  • Name of the consumer (s):
  • Address of the consumer (s):
  • Signature of the consumer (s) (only if this is communicated on paper):
  • Date:

End of withdrawal

In the case of a written notice of cancellation, it is sufficient to meet the cancellation deadline that the customer sends the message about the exercise of the right of cancellation before the cancellation period expires.

Consequences of Cancellation

If the customer cancels this contract, we have to give him all payments that we have received from him, including the delivery costs (with the exception of the additional costs that result from the fact that the customer uses a different type of delivery than that offered by us, cheapest Standard delivery), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of his cancellation of this contract. For this repayment, we use the same means of payment that the customer used in the original transaction, unless something else was expressly agreed with him; In no case will the customer be charged fees for this repayment. We can refuse the repayment until we have received the goods back or until the customer has provided evidence that he has sent the goods back, whichever is earlier. Should the amount fall below the minimum order value for free shipping after the goods have been returned, the amount of the shipping costs will be deducted from the repayment amount.

The customer must return or hand over the goods immediately and in any case no later than fourteen days from the day on which he informed us of the cancellation of this contract. The deadline is met if the customer sends the goods before the period of fourteen days has expired. We bear the costs of returning the goods if they are returned from Germany and Austria. The customer bears the direct costs of the return from all countries with the exception of Germany and Austria. The customer only has to pay for any loss in value of the goods if this loss in value is due to handling that is not necessary to check the quality, properties and functionality of the goods. "Checking the condition, properties and functionality" means testing and trying out the respective goods, as is possible and customary in a shop.

The goods must be sent back to us for resale. Labels, price tags and all tags sent with the goods must remain on the goods in the event of a return. Replacement shoelaces and shoeboxes are part of the delivery and must be included with the return.

Only the GLS return label provided by us can be used to return the goods free of charge. Unpaid parcels cannot be accepted. The free return label can be requested within the 14-day revocation period at innsbruck@dolomite.at and will then be sent by email only to the email address given at the time of purchase.

End of revocation.

The right of revocation does not exist in the following contracts:

  • Contracts for the supply of goods which are not prefabricated and whose manufacture is subject to an individual selection or destination by the consumer or which are clearly tailored to the personal needs of the consumer.
  • Contracts for the delivery of sealed goods which are not suitable for return for reasons of health or hygiene if their seal has been removed after delivery.

 

  1.    WARRANTY

For items available in the online shop, the statutory warranty provisions according to §§ 922 to 933a of the General Civil Code ("ABGB") apply.

In addition, the original manufacturer's guarantee certificate is enclosed with various products and the customer is free to assert claims arising from the manufacturer's guarantee directly against the manufacturer. If a product under warranty occurs, send an email to innsbruck@dolomite.at.

Claims of any kind against us derived from the manufacturer's guarantee or beyond the manufacturer's guarantee are excluded. Please note that a possible manufacturer guarantee and the statutory warranty claims are two different things that exist side by side. Any manufacturer's guarantee does not exclude statutory warranty claims against us.

 

  1.    SHIPPING DAMAGE

If goods are delivered with obvious transport damage, please complain about such errors to the deliverer within a reasonable period and please contact us. Failure to lodge a complaint or to contact you has no consequences whatsoever for your legal claims and their enforcement, in particular your warranty rights.

 

  1.    DISCLAIMER

Claims for damages against consumers within the meaning of the Consumer Protection Act are excluded in the case of slight negligence on the part of DOLOMITE by HSCI Handel GmbH and against corporate customers even in the case of gross negligence on the part of DOLOMITE by HSCI Handel GmbH. The above disclaimer of liability towards consumers for slight negligence on the part of DOLOMITE by HSCI Handel GmbH does not apply to personal injury and also not to the main contractual obligations of DOLOMITE by HSCI Handel GmbH.

 

  1.    PRIVACY POLICY

The data protection guidelines of DOLOMITE by HSCI Handel GmbH apply.

 

  1.    COPYRIGHT, USE AND EXPLOITATION RIGHTS

The information provided in the online shop and created by the company itself, such as photos, images, data, texts or other materials ("content"), are the property of DOLOMITE by HSCI Handel GmbH.

Information from third parties provided by DOLOMITE by HSCI Handel GmbH is owned or used by third parties. DOLOMITE by HSCI Handel GmbH only has one right of use or broadcasting of these. They may not be used for commercial purposes without our prior consent, in particular copied in a wide variety of media such as the Internet.

 

  1.    INFORMATION OBLIGATIONS

When ordering, the customer is obliged to provide truthful information. If his data changes, in particular his name, address, email address, telephone number, he is obliged to notify us of this change immediately by changing the information. If the customer fails to provide this information or if he gives incorrect data from the outset, in particular a wrong e-mail address, we can withdraw from the contract insofar as a contract has been concluded.

 

  1.    APPLICABLE LAW AND JURISDICTION

Austrian law applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. For consumers within the meaning of the Consumer Protection Act who are habitually resident abroad and not in Austria, however, the mandatory national provisions of their home countries apply, provided that the Austrian regulations are not more favorable for them.

If the customer is domiciled or habitually resident in Austria or is employed in Austria, only the jurisdiction of the court can be justified for an action against him according to §§ 88, 89, 93 para. 2 and 104 para. 1 JN in whose district the place of residence, habitual residence or place of employment is located.

 

  1.    SEVERABILITY CLAUSE

If individual provisions of this contract become ineffective or unenforceable or ineffective or unenforceable after the conclusion of the contract, the validity of the remaining provisions remains unaffected.