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General Terms and Conditions

General Terms and Conditions WEBSHOP of Bestattung Wien GmbH (hereinafter referred to as "Bestattung Wien")

Effective as of 01.05.2022

I. General Provisions

  1. The following General Terms and Conditions (hereinafter "GTC") apply to all purchase contracts for movable goods concluded between Bestattung Wien as the seller and its customers via the website www.shop.bestattungsmuseum.at (hereinafter "Webshop"), in the version valid at the time of the respective order.

  2. The customer concludes this contract exclusively for private purposes and is therefore to be qualified as a consumer within the meaning of § 1 para 1 Z 2 KSchG.

  3. The gender-specific terms used in these GTC refer equally to female and male persons.

II. Conclusion of Contract

The products displayed in the webshop do not yet constitute an offer. Only the customer's order constitutes a legally binding offer to conclude a purchase contract for the ordered goods. Orders are confirmed electronically and automatically. The confirmation of receipt does not constitute acceptance. The purchase contract is concluded when Bestattung Wien expressly accepts the order by email or actually fulfills the order by dispatching the ordered goods. Orders are accepted or rejected within a reasonable period and usual processing time, during which the stock availability is particularly checked. Only household quantities are supplied to end customers; larger orders are only possible by individual written agreement.

III. Prices

All prices are in EUR and, unless expressly stated otherwise, include value-added tax but exclude shipping costs. The prices valid on the respective order day apply. The amount of shipping costs is visible to the customer during the respective order process.

IV. Delivery

  1. Information about delivery times is non-binding unless the delivery date has been exceptionally confirmed as binding. If the non-compliance or delay of an agreed delivery period is due to force majeure or other circumstances not attributable to Bestattung Wien, the delivery period is extended for the duration of these events.

  2. Bestattung Wien is entitled to make partial deliveries if part of the ordered goods is temporarily not deliverable. Additional shipping costs are borne by Bestattung Wien. If the customer is in default of acceptance, Bestattung Wien may claim compensation for any damages incurred, whereby the customer retains the right to prove a lesser damage.

  3. Delivery is made to the delivery address provided by the customer using common shipping methods at the discretion of Bestattung Wien (post, delivery service, etc.).

  4. The risk of accidental loss passes to the customer at the time of handing over the ordered goods to the delivery service.

V. Payment, Due Date, Default

  1. The only accepted payment methods are online banking (instant transfer) and credit cards. The customer's account/credit card is charged upon acceptance of the order.

  2. In the event of default in payment by the customer, Bestattung Wien is entitled to claim default interest at the statutory rate from the due date as well as the necessary costs for appropriate legal prosecution.

  3. The customer is only entitled to set-off if their counterclaims have been legally established by a court, have been acknowledged by Bestattung Wien in writing according to § 886, or originate from the same legal relationship. Any set-off contrary to this prohibition is ineffective and does not release the customer from their obligations under this contract.

VI. Retention of Title

The purchased item remains the property of Bestattung Wien until full payment of the purchase price. As long as the retention of title exists, pledging or transferring the item by way of security by the customer is not permissible. In the event of executive access to the purchased items owned by Bestattung Wien, the customer must inform Bestattung Wien immediately in writing and inform the third party of Bestattung Wien's ownership.

VII. Warranty, Liability

  1. The statutory warranty provisions apply.

  2. Claims for damages caused by the delivery service to the ordered goods must be asserted by the customer against the respective delivery service.

  3. Bestattung Wien is liable in cases of intent and gross negligence, as well as for personal injury according to statutory provisions. In all other cases, except for personal injury, liability of Bestattung Wien for slight negligence is excluded.

IX. Right of Withdrawal and Return Costs

  1. Regarding the customer's right of withdrawal, reference is made to the withdrawal instructions and the model withdrawal form provided to the customer.

  2. If the customer has effectively exercised their right of withdrawal, the mutually received services must be returned. The customer is obliged to return the received goods. The costs of the return shipment are borne by Bestattung Wien. The customer must compensate for any loss in value of the goods if this loss in value is due to handling that is not necessary for testing the condition, properties, and functioning of the goods.

X. Miscellaneous

  1. The customer may only transfer rights from this contract with the consent of Bestattung Wien.

  2. If one or more provisions of this contract are or become invalid or legally unenforceable, the validity of the remaining provisions and the entire contract shall not be affected. In such a case, the parties are obliged to replace the invalid or unenforceable provision by mutual agreement with a provision that comes closest to the common economic purpose of the invalid or unenforceable provision. If no agreement is reached, the applicable dispositive law shall apply.

XI. Place of Jurisdiction and Applicable Law

  1. The place of performance is the seat of Bestattung Wien; the statutory places of jurisdiction apply. If the customer moves their residence from Austria to another country after the conclusion of the contract, the Austrian courts shall remain internationally competent.

  2. This contract is subject to Austrian law, under which it is also to be interpreted, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

XII. Information on Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR), which can be found at http://ec.europa.eu/consumers/odr/. Consumers have the option of using this platform to resolve their disputes with Bestattung Wien.

The German version of these General Terms and Conditions is legally binding. The English version has been created using a translator.