(General Terms and Conditions in the version of 01.05.2019)
For the business relationships that the online shop and thus the distance selling, i. Businesses that are effected by electronic means, as well as by telephone, fax or letter, are subject to the following terms and conditions in their version valid at the time of the order. Deviating conditions are only valid if they have been agreed in writing between the online shop and the customer.
II. CONCLUSION OF CONTRACT
A purchase contract concerning the online shop between MY Esel GmbH (My Esel Configurator and Online Shop) and the customer comes about through an order of the customer and their acceptance by My Esel. The offers of the online shop on the Internet are a non-binding offer to the customer in the online shop to order goods. By ordering goods from the online shop on the Internet, the customer concludes a binding offer to conclude a purchase contract. The online shop is entitled to accept this offer by sending an order confirmation. The intermediate sale of goods is reserved. Young people under 18 require the consent of the legal representative.
III. REJECTION OF AN ORDER
The rejection of an order or the impossibility of service provision will be notified immediately, any payments will be refunded.
Delivery takes place within 4-6 weeks after receipt of payment directly to the customer or to a desired specialist dealer. On request, the My Esel Bike can also be picked up on site in our office (Holzbauernstraße 20, 4050 Traun).
If orders are made with prepayment, the goods will be produced and will not be sent until the amount has been received on the account of My Esel. The legal delivery period is 30 days.
The goods are sent at the risk and expense of the purchaser – the choice of delivery is the responsibility of the sender. When shipping to non-EU countries, country-specific customs duties and additional costs may occur that can not be borne by the shipper.
For delivery delays, such as due to force majeure, traffic disruptions and dispositions of high hand as well as other events for which the online shop is not responsible, no claim for damages against the online shop can be asserted.
If the delivery is delayed due to the negligence of suppliers and omitted (impossibility), then the online shop is not responsible.
V. SHIPPING LIMITATIONS
My Esel reserves the right to ship only in normal household quantities. For an order that exceeds this amount, the customer will be notified by email.
a. The customer’s claims against the online shop based on a defect in the goods are governed by the statutory provisions.
b. The customer undertakes to examine the goods upon receipt for any defects and to inform immediately upon detection of such an on-line shop. If the customer fails to report a defect, the goods are deemed to have been approved. In the case of a justified complaint, the customer is entitled to a credit of the equivalent value or a replacement delivery. All further claims of the purchaser, in particular claims for damages, are excluded as far as legal.
c. A defect in the goods does not include damage caused by the customer due to improper or non-conforming treatment. Decisive for the inaccuracy and lack of conformity are the indications of the manufacturer of the goods
d. The warranty expires in any case in the event of intervention, repairs or attempted repair by the purchaser or unauthorized third party
e. Any deviations of the product colors from the colors displayed on the internet are not considered as a complaint. Deviations due to different wood grains are not considered as a complaint.
VII. 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, has or has taken possession of the last goods. For subscription contracts, the revocation period is fourteen days from the day on which you or a third party named by you, who is not the Excluded here are all custom made My Esel bicycles that are custom made on customer request.
Carrier is, the first goods have taken possession or has.
In order to exercise your right of withdrawal, you must inform us (My Esel GmbH, Holzbauernstraße 20, 4050 Traun, +43 660 70 71 481) by means of a clear statement (eg a letter sent by post, fax or e-mail) about your Decide to withdraw this contract. You can use the attached model withdrawal form, which is not required.
In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
VII. A. EXTENDED RIGHT OF WITHDRAWAL
We only grant private customers an extended right of return of 16 days in addition to the statutory period of revocation of 14 days, if less than 1km were covered by the bike (according to bike computer) and the goods can be classified as new after checking by My Esel. For deviations we reserve the withholding of a wear and tear or the re-purchase price diminishing corresponding amount in the course of the reimbursement of costs acc. to VIII.
VIII. THE CONSEQUENCES OF THE REVOCATION
If you withdraw from this contract, we will charge you the cost of the products in question (except custom bicycles) that we have received from you (except for the additional costs arising from your having a different delivery than ours have offered, the cheapest standard delivery selected), immediately and no later than fourteen days from the day on which the notice of your cancellation of this contract has been received with us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. We may refuse to repay you until we have the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
For the extended right of withdrawal acc. to VII. a. the repayment is up to max. 14 days after receipt and inspection of the goods by My Esel.
You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functionality of the goods.
IX. PRICES AND PAYMENT
a. All prices quoted are final and include VAT of currently 20%.
b. The final prices do not include the costs for packaging and shipping. The shipping costs are calculated transparently according to the current tariff system of Österreichische Post Aktiengesellschaft.
c. Due to the constant updating of the web pages of the online shop, information about the price and condition of the goods lost in an earlier date will be invalid. Errors and misprints are reserved
d. The price stated at the time of the submission of the customer’s offer is decisive for the invoicing.
e. The final invoice amount consists of the final price of the products plus any shipping costs combined with the statutory value added tax. Invoicing is in euros.
f. You agree that you will receive invoices and credit notes in electronic form only.
g. The payment of the goods takes place via common credit cards (MasterCard, Visa, American Express), PayPal, Sofortüberweisung or Vorauskassa.
h. The purchase price is payable on purchase on account on the day of receipt of the delivery to the customer. If the payment is not made within 14 days of the due date, the customer will be in default. In case of default, the statutory default interest will be charged.
Until full payment, the goods remain our property. In case of late payment by the customer, My Esel is entitled to take back the goods. This is not a withdrawal from the contract, unless it is explicitly stated.
XI. LIMITATION OF LIABILITY
Unless otherwise stated below, further claims of the customer, regardless of the legal grounds, are excluded. The online shop is therefore not liable for damages that did not occur on the delivery item itself; In particular, My Esel is not liable for lost profit or other financial losses of the customer. Insofar as the contractual liability of My Esel is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents. The above limitation of liability does not apply if the cause of damage is based on intent or gross negligence or if personal injury has occurred. Furthermore, it does not apply if the customer asserts legally regulated claims. The provisions of the Product Liability Act remain unaffected. Insofar as the online shop negligently violates a contractual obligation, the obligation to pay compensation for damage to property is limited to the typically occurring damage. If the supplementary performance has been effected by means of a replacement delivery, the customer is obliged to return the goods delivered first to the online shop within 30 days at the expense of the same. The return of the defective goods must be made in accordance with the statutory provisions. My Esel reserves the right to claim damages under the statutory conditions. The limitation period is two years. Deadline’s beginning occur with the delivery of the thing.
All displayed foreign logos, pictures and graphics are property of the respective companies and are subject to the copyright of the respective licensors. All photos, logos, texts, reports, scripts and programming routines shown on these pages, which are our own developments or have been prepared by us, may not be copied or otherwise used without our consent. All rights reserved.
XIII. PARTNER LINKS
No responsibility is assumed for the content of the linked partner websites, which is not within the control of My Esel.
For all disputes, the local jurisdiction of the competent court in Traun is agreed. Deviating from this, the relevant place of jurisdiction for consumer transactions under the Consumer Protection Act 1979 i.d. G. F .. If several possibilities come into consideration, the closest to the place of jurisdiction Linz is agreed. For all disputes that may arise from this legal relationship, Austrian law shall apply excluding the conflict of law rules. The application of UN sales law is excluded.
XV. EFFECTIVENESS OF THE PROVISIONS
By placing an order, the customer accepts the terms and conditions of the My Esel online shop. Any ineffectiveness of individual provisions shall not affect the validity of the remaining terms and conditions. The ineffective provision shall be replaced by an effective one which comes closest to the sense and purpose of law and economy. Oral agreements require the written confirmation in order to be valid.
ALTERNATE DISPUTE SETTLEMENT IN ACCORDANCE WITH ART. 14 ABS. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS) available at http://ec.europa.eu/consumers/odr/. We are not obligated and unwilling to participate in a dispute settlement procedure before a consumer arbitration board.