General Terms and Conditions
1. Scope of Application
1.1. These General Terms and Conditions (hereafter referred to as „GTC“) apply for all contracts, that are completed via the Online-Shop www.ds1985.com. The Dancing Since 1985 Online-Shop is operated by Dancing Since 1985, Owner: Marlene Pichlhöfer Dechantskirchen 4, 8241 Dechantskirchen, AUSTRIA
1.2. In case of any queries, please contact our customer service at firstname.lastname@example.org.
1.3. A consumer within the meaning of these GTC and the withdrawal policy is any natural person who concludes a legal transaction for a purpose, which cannot be attributed to his commercial or self-employed activity. By placing an order, the consumer approves this GTC and agrees to these.
1.4. Deviating terms and conditions of the customer are inapplicable, unless explicitly otherwise agreed.
2. Products and performance specifications
2.1. The representation of the products in the Online Shop is not a legally binding offer, but a non-binding online catalogue. The order by the purchaser is a binding offer. Performance specifications in catalogues and websites of the Seller should not be construed as an assurance or guarantee. After the receipt of your order you will receive a confirmation by email (hereafter referred to as “confirmation of receipt”.) The confirmation of receipt does not stand for a binding acceptance of the order by Dancing Since 1985. The acceptance of your offer is done by sending a separate email.
2.2. Dancing Since 1985 reserves the right not to accept the offer if an item is not available. Any responsibility for errors is hereby excluded.
3. Ordering process and conclusion of contract
3.1. The Customer can choose from the range of products offered by the Seller and place the selected items in a shopping cart by clicking on the “add to cart” button. On the shopping cart page, the Customer can click on the [proceed to checkout] button in order to complete the order.
3.2. By clicking on the “purchase” button, the Customer makes a binding offer to buy the goods in the shopping cart. Before completing the order, the Customer will have the option to view and change the details at any time. Required information is marked with an asterisk (*).
3.3. Next, the Seller will send the Customer an automatic confirmation of receipt by email detailing the Customer’s order, which the Customer can print out using the “Print” function (order confirmation). The automatic confirmation of receipt merely confirms that Customer’s order has been received by the Seller and shall not constitute acceptance of the order. The purchase agreement shall only come into effect if the dispatch of the goods is confirmed by sending an invoice or an order confirmation by another email.
3.4. Should the Seller accept advance payments, the contract shall come into effect upon provision of the bank details and request for payment. If the payment is not received by the Seller within 10 days of sending the order confirmation despite a second request for payment, the Seller shall rescind the contract with the result that the order will be cancelled and the Seller relieved from the obligation to deliver. The order shall then be deemed completed without any further consequences for the buyer or the Seller. When paying in advance, goods can only be reserved for a maximum period of 10 calendar days.
4. Prices and delivery costs
4.1. all prices quoted on the Seller’s website are inclusive of any applicable VAT and exclusive of delivery costs.
4.2. The delivery costs are clearly communicated to buyers on a separate information page in our online store and as part of the ordering process.
5. Delivery, availability of goods
5.1. The production time for our tailored, to the personal needs of the customer manufactured, products are 4 to 6 weeks.
5.2. If the seller has not all of the production material for the ordered item on stock, the seller shall be entitled to rescind the contract. Any payments already made shall then be refunded to the customer without undue delay.
5.3. If the ordered product is not available, because the Seller has not received the neccessary production material from his suppliers for reasons beyond his control, the Seller shall be entitled to rescind the contract. In this case, the Seller shall notify the Customer immediately and may offer to deliver a comparable product. If no comparable product is available or the Customer will not accept a comparable product, the Seller shall refund any payments already made to the Customer immediately.
6. Payment terms
6.1. The Customer can select the mode of payment from the available payment methods during the ordering process and before completing the order. Information about the available payment methods is provided to customers on a separate information page.
6.2. The payment for tailored and to the personal needs of the customer manufactured products, must be made in advance and in full.
6.3. Where third-parties (e.g. PayPal) are tasked with payment processing, their general terms and conditions shall apply.
6.4. If a calendar date has been specified for payment, the Customer will be in default if he fails to deliver by that date. In this case, the Customer shall be obliged to pay the statutory late-payment interest.
6.5. The Customer’s obligation to pay late-payment interest shall not preclude the Seller’s right to assert further late-payments claims.
6.6. The Customer shall only be entitled to offset claims, if his counterclaims are legally established or undisputed by the Seller. The Customer may only withhold payment if all the relevant claims arise from the same contractual relationship.
7. Retention of title
The seller shall retain title to any supplied goods until they have been paid for in full.
8. Warranty for material defects
8.1. The warranty shall be governed by statutory provisions.
8.2. The goods supplied by the Seller shall only be covered by a warranty if this has been expressly indicated by the Seller.
9. Disclaimer and limitation of liability
9.1. The following exclusions and limitations of liability apply with regard to Seller’s liability for damage compensation, notwithstanding the other legal claim requirements.
9.2. The Seller assumes unlimited liability if the cause of the damage is the result of intent or gross negligence.
9.3. Furthermore, the Seller assumes liability for the slightly negligent breach of significant duties, whose breach places the achievement of the purpose of the Agreement at risk, or for the breach of duties whose fulfilment generally enables the execution of the Agreement and on whose compliance they regularly rely. However, in this case, the Seller shall only be liable for the foreseeable damage that might typically occur under the Agreement. The Seller is not liable for the slightly negligent breach of duties other than those stated in the above-mentioned sentences.
9.4. The above-mentioned limitations of liability do not apply for loss of life, bodily injury or damages to health for a defect after assumption of a guarantee for the nature of the product and for fraudulent concealment of defects. Liability pursuant to the Product Liability Act remains unaffected.
9.5. If the Seller liability is excluded or limited, this also applies for personal liability of its employees, representatives, agents or assistants.
10. Right of withdrawal – Exclusion of the right of withdrawal
10.1. The right of withdrawal is not applicable to goods which are tailored and to the personal needs of the customer manufactured.
11.1. Goods can only be returned in case of material defects. The defect must be reported to our customer service [email@example.com] within 14 days, including description and a photo of the material defect. The Customer will receive an email with a return number and instructions for the return shipment procedure. The financial responsibility and safe return of the package is the Customer´s until it reaches the Seller. Therefore a recorded delivery service is recommended.
11.2. Customers are requested to send the goods as a prepaid package back to the Seller and to keep the proof of posting. The Seller shall refund the Customer for postage costs upon request, unless they are to be borne by the buyer.
11.3. Customers are advised to prevent the goods from being damaged or contaminated. The goods should be returned to the Seller preferably in original packaging together with all the supplied accessories. Where the original packaging is no longer available, the goods should be placed in another suitable packaging to ensure they are adequately protected against transport damage.
12. Storage of the law of contracts
12.1. The Customer can print the text of the contract before submitting the order to the Seller by using the print function of their browser in the last step of the ordering process.
12.2. The Seller shall send the Customer an order confirmation containing all details of the order to the specified email address. With the order confirmation, the Customer shall receive a copy of the GTC. While we store the text of the purchase agreement, we do not make it available on the Internet.
13. Data protection
13.1. The Seller shall process personal data of the Customer only for the intended purpose and in accordance with statutory provisions.
13.2. The personal data provided by the Customer for the purpose of ordering goods (e.g. name, email, address, payment information) may only be used by the Seller to fulfil and execute a contract. This data shall be treated confidentially and not disclosed to third parties, who are not involved in the ordering, delivery and payment process.
13.3. Upon request, the Customer shall be entitled to receive information about the personal data relating to him stored by the Seller at no charge. In addition, the Customer has the right to correct inaccurate information and to block and delete his personal information, insofar as this does not conflict with any statutory retention requirements.
14. Place of jurisdiction, applicable law and final provisions
14.1. Sole place of jurisdiction for contracts with merchants, legal entities under public law or special funds under public law is the court competent for the Seller’s registered office.
14.2. Austrian law applies exclusively, both unless expressly agreed otherwise or pursuant to consumer protection legislation.
14.3. The contractual language shall be German.