1.1. The following General Terms and Conditions (hereinafter “GTC”) in the version valid at the time of the order shall apply exclusively to the business relationship between Yenny Carolina Reyes Mendoza, Postfach 0008, 5440 Golling an der Salzach (hereinafter “Seller”) and the customer (hereinafter “Customer”).
1.2. A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business, or profession. An entrepreneur is a natural or legal person or a legally responsible partnership that, when entering into a legal transaction, acts in the exercise of its trade or independent professional activity.
1.3. Deviating terms and conditions of the Customer shall not be recognized unless the Seller expressly agrees to their validity.
2.1. The presentation of products in the online shop does not constitute a legally binding offer but an invitation to submit an order. Service descriptions in catalogs and on the Seller’s websites do not have the character of a guarantee or assurance.
2.2. All offers are valid “while stocks last” unless otherwise noted with the products. Errors are reserved.
3.1. The Customer may select products from the Seller’s range without obligation and collect them in a virtual shopping cart via the button [add to cart]. Within the shopping cart, the product selection can be modified, e.g., deleted. The Customer can then proceed to checkout via the button [proceed to checkout].
3.2. By clicking the button [order with obligation to pay], the Customer submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the Customer may view and modify the data at any time and return to the cart using the browser’s “back” function or cancel the ordering process entirely. Required information is marked with an asterisk (*).
3.3. The Seller then sends the Customer an automatic confirmation email in which the Customer’s order is listed again and can be printed via the “print” function (order confirmation). This automatic confirmation merely documents that the Customer’s order has been received by the Seller and does not constitute acceptance of the offer. The purchase contract is only concluded when the Seller ships or hands over the product to the Customer within 2 days, or confirms shipment within 2 days via a second email, explicit order confirmation, or by sending an invoice. Acceptance may also occur through a payment request from the Seller, and at the latest through completion of the payment process. If multiple acceptance procedures exist, the earliest acceptance time is decisive. If the Seller does not accept the Customer’s offer within the acceptance period, no contract is concluded and the Customer is no longer bound by their offer.
3.4. For Customers who are entrepreneurs, the aforementioned period for shipment, handover, or order confirmation is seven days instead of two.
3.5. If the Seller offers advance payment, the contract is concluded upon the provision of bank details and a payment request. If payment is not received within 10 calendar days after sending the order confirmation despite due date and a renewed request, the Seller will withdraw from the contract, rendering the order void and releasing the Seller from any delivery obligation. Reservation of the product for advance payment orders is therefore limited to 10 calendar days.
4.1. All prices stated on the Seller’s website include the applicable statutory VAT.
4.2. In addition to the stated prices, the Seller charges shipping costs. These will be clearly communicated to the Customer on a separate information page and during the ordering process.
5.1. If advance payment is agreed, delivery takes place after receipt of the invoice amount.
5.2. If delivery fails due to the Customer’s fault after three delivery attempts, the Seller may withdraw from the contract. Payments already made will be refunded promptly.
5.3. If the ordered product is not available because the Seller was not supplied by its supplier through no fault of its own, the Seller may withdraw from the contract. In this case, the Seller will inform the Customer immediately and may offer a comparable product. If no comparable product is available or the Customer does not wish such a product, any payments already made will be refunded.
5.4. Customers will be informed of delivery times and restrictions (e.g., delivery to specific countries) on a separate information page or within the product description.
5.5. For Customers who are entrepreneurs, the risk of accidental loss or deterioration passes to the Customer once the Seller has handed the goods over to the carrier, freight forwarder, or other person designated to perform the shipment. The delivery dates and deadlines provided are not fixed dates unless expressly agreed otherwise.
5.6. Delivery delays due to force majeure or unforeseen circumstances that significantly impede or render delivery impossible do not constitute the Seller’s responsibility when dealing with entrepreneur Customers. The Seller may extend delivery or service performance by the duration of the disruption plus a reasonable restart period. The Customer is also released from their contractual obligations—including payment—during this period. If the delay is unreasonable for the Customer, they may withdraw from the contract after setting a reasonable deadline or after mutual consultation with the Seller.
6.1. The Customer may choose from the available payment methods before completing the order. The available payment methods are listed on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 30 days of receiving the goods and invoice. For all other payment methods, payment must be made in advance without deduction.
6.3. If third-party providers such as PayPal are involved in payment processing, their terms and conditions apply.
6.4. If a payment due date is determined by calendar date, failure to meet the deadline places the Customer in default. Statutory default interest will apply.
6.5. The Customer’s obligation to pay default interest does not exclude the Seller’s right to claim further damages caused by delay.
6.6. The Customer may only offset claims that are legally established or acknowledged by the Seller. The Customer may exercise a right of retention only if the claims arise from the same contractual relationship.
The goods remain the property of the Seller until full payment is made.
8.1. Warranty rights are governed by statutory provisions unless otherwise specified below.
8.2. A guarantee applies only if expressly provided. Customers will be informed of guarantee conditions before starting the ordering process.
8.3. Entrepreneur Customers must inspect the goods immediately and report visible defects in writing within two weeks of delivery, and concealed defects within two weeks of discovery. Industry-standard deviations in quality, weight, size, thickness, width, finish, pattern, and color do not constitute defects.
8.4. For entrepreneur Customers, the Seller may choose between repair or replacement.
8.5. Warranty claims for entrepreneur Customers expire one year after transfer of risk unless mandatory longer periods apply. For used goods, warranty for entrepreneur Customers is excluded.
8.6. If an entrepreneur Customer has installed the defective item into another object as intended, the Seller is not obliged to reimburse removal and installation costs unless expressly agreed otherwise.
9.1. The following exclusions and limitations of liability apply.
9.2. The Seller is liable without limitation for intent and gross negligence.
9.3. The Seller is also liable for slight negligence in breaching essential obligations whose violation endangers the achievement of the contract’s purpose or whose fulfillment is essential for proper contract execution and on which the Customer regularly relies. In such cases, liability is limited to the foreseeable, contract-typical damage. The Seller is not liable for slightly negligent breaches of other obligations.
9.4. These limitations do not apply in cases of injury to life, body, or health, for defects covered by a guarantee, or for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. Where liability of the Seller is excluded or limited, this also applies to employees, representatives, and agents.
10.1. The Customer may print the contract text before submitting the order using their browser’s print function.
10.2. The Seller sends an order confirmation with all order details to the Customer’s email address. With the order confirmation, or at the latest upon delivery, the Customer also receives a copy of the GTC, the cancellation policy, and information on shipping, delivery, and payment conditions. Registered Customers can view their orders in their account. The Seller also stores the contract text but does not make it accessible online.
10.3. Entrepreneur Customers may receive the contract documents by email, in writing, or by reference to an online source.
11.1. If the Customer is an entrepreneur, unless otherwise agreed or legally required, the place of performance is the Seller’s registered office. The place of jurisdiction is also 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 if the Customer has no general place of jurisdiction in the Seller’s country. The Seller may choose any other permissible place of jurisdiction.
11.2. For entrepreneur Customers, Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods, unless mandatory statutory provisions prevent this.
11.3. The contract language is German.
11.4. The Seller is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.