General terms and conditions with customer information
1. Scope
2. Offers and service descriptions
3. Ordering process and conclusion of the contract
4. Prices and shipping costs
5. Delivery, Availability of Goods
6. Payment Arrangements
7. Retention of Title
8. Warranty and Guarantee
9. Liability
10. Storage of the text of the contract
11. Final Provisions
1. Scope
1.1. For the business relationship between Early Morning Box, owner: Romana Inhöger Gletschermühlstraße 2b, 5640 Bad Gastein, seller and the customer, the following general terms and conditions apply exclusively in the version valid at the time of the order.
1.2. A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a partnership with a legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.3. Deviating conditions of the customer are only recognized if the seller expressly agrees to their validity.
2. Offers and service descriptions
2.1 The presentation of the products in the online shop does not constitute a legally binding offer but an invitation to place an order. Descriptions of services in catalogues and on the seller’s websites do not have the character of an assurance or guarantee.
2.2 All offers are valid “while stocks last” unless otherwise stated on the products. Apart from that, errors remain reserved.
3. Ordering process and conclusion of contract
3.1. The customer can select products from the seller’s range without obligation and collect them in a so-called shopping cart using the [Add to shopping cart] button. The product selection can be changed within the shopping cart, e.g. deleted. The customer can then use the Continue to Checkout button in the shopping cart to complete the ordering process.
3.2. The customer submits a binding request to purchase the goods in the shopping cart by clicking the order with the obligation to pay button. Before sending the order, the customer can change and view the data at any time and use the browser function “back” to go back to the shopping cart or cancel the order process altogether. Required information is marked with an asterisk (*).
3.3. The seller then sends the customer an automatic acknowledgement of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function (order confirmation). The automatic acknowledgement of receipt only documents that the customer’s order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded when the seller has handed over the ordered product to the customer on the desired delivery date. A payment request can also confirm the acceptance addressed to the customer by the seller and, at the latest, by completing the payment transaction. In the case of several acceptance processes, the earliest acceptance time is decisive.
4. Prices and shipping costs
4.1. All prices stated on the seller’s website include the applicable statutory sales tax.
4.2. In addition to the stated prices, the seller charges delivery costs to the specified locations. The delivery costs are clearly communicated to the buyer on a separate information page and as part of the ordering process.
5. Delivery, Availability of Goods
5.1. If advance payment has been agreed upon, delivery will occur after receipt of the invoice amount.
5.2. If the delivery of the goods fails due to the buyer’s fault despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be reimbursed to the customer immediately.
5.3. The buyer can withdraw from the contract if the ordered product is unavailable. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no equivalent product is available or the customer does not want a similar product to be delivered, the seller will immediately reimburse the customer for any consideration already paid.
5.4. Customers will be informed about delivery times and restrictions on a separate information page or within the product description.
5.5 Delays in delivery and performance due to force majeure and due to unforeseeable events that make delivery significantly more difficult or impossible for the seller have to be compensated by the seller he customer, even in the case of bindingly agreed deadlines and dates. In this case, the seller is entitled to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up period. The right to extend the deadline applies to customers who are entrepreneurs, even in cases of unforeseeable events that affect the operation of a sub-supplier and are not responsible for either the sub-supplier or the seller. During the duration of this hindrance, the customer is also released from his contractual obligations, in particular payment.
6. Payment Arrangements
6.1. The customer can choose from the available payment methods as part of and before completing the ordering process. Customers are informed about the available means of payment on a separate information page.
6.2. If third-party providers are commissioned to process payments, e.g. PayPal. Their general terms and conditions apply.
7. Retention of Title
The delivered goods remain the seller’s property until full payment has been made.
For customers who are entrepreneurs, the following also applies: The seller retains ownership of the goods until all claims from an ongoing business relationship have been settled in full; The buyer is obliged, as long as ownership has not yet passed to him, to treat the purchased item with care. In particular, he is obliged to insure them adequately at his own expense against theft, fire and water damage at replacement value, if appropriate or customary in the industry. If maintenance and inspection work has to be carried out, the buyer must carry this out in good time at his own expense. The processing or transformation of the reserved goods by the customer is always carried out for the seller. Suppose the reserved goods are processed with other items that do not belong to the seller. In that case, the seller acquires co-ownership of the new item in proportion to the value of the reserved goods to the other processed items at the time of processing. The same applies to the item created through processing as to the reserved goods. The customer also assigns the claim to secure the claims against him that arise from the connection of the reserved goods with a property against a third party. The customer must immediately report access by third parties to the goods owned or co-owned by the seller. The customer bears the costs of such interventions for a third-party objection action or expenses for an extra-procedural release. The customer is entitled to resell the reserved goods in the ordinary course of business. The customer assigns the claims arising from the resale or any other legal reason in relation to the reserved goods (including all current account balance claims) to the seller in full as a precaution. The seller revocably authorizes the customer to collect the claims assigned to the seller for his account and in his own name. This direct debit authorization can be revoked if the customer does not meet his payment obligations properly. The seller undertakes to release the securities to which the seller is entitled at the customer’s request if their total sales value exceeds the sum of all outstanding claims of the seller from the business relationship by more than 10% (in the event of a risk of realization by more than 50%). The seller is responsible for selecting the securities to be released. With the settlement of all of the seller’s claims from delivery transactions, ownership of the reserved goods and the assigned claims pass to the buyer. The choice of securities to be released is incumbent upon the seller.
9. Storage of the text of the contract
10.1. The customer can print out the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.
10.2. The seller also sends the customer an order confirmation with all order data to the e-mail address provided by him.
10.3 Customers who are entrepreneurs can receive the contract documents by e-mail, in writing or by referring to an online source.
11. Final Provisions
11.1. If the buyer is an entrepreneur, subject to other agreements or mandatory statutory provisions, the place of performance is the seller’s registered office, while the place of jurisdiction is the seller’s registered office if the customer is a merchant, a legal entity under public law or a special fund under public law, or the buyer is in the country of domicile of the seller has no general place of jurisdiction. The right of the seller to choose another permissible place of jurisdiction remains reserved.
11.2 In the case of entrepreneurs, the law of the Republic of Austria applies.