Terms of service
Table of Contents
- Scope of Application
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Conditions
- Retention of Title
- Liability for Defects (Warranty)
- Liability
- Applicable Law
- Place of Jurisdiction
- Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of CTI Meeting Technology GmbH (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 For contracts for the delivery of goods with digital elements, these GTC apply accordingly, unless otherwise regulated. In this case, the Seller is responsible for the delivery of the goods as well as the provision of digital content or digital services (hereinafter "digital products") that are contained in or connected to the goods in such a way that the goods cannot fulfill their functions without them.
1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed in nature.
1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Seller can accept the Customer's offer within five days,
- by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the Customer is decisive, or
- by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
- by requesting payment from the Customer after the Customer has submitted their order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 When selecting a payment method offered by PayPal, the payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the Terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the Seller hereby declares the acceptance of the Customer's offer at the time when the Customer clicks the button that concludes the ordering process.
2.5 When submitting an offer via the Seller's online order form, the contract text will be stored by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent their order. The Seller will not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller's online shop before sending their order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account by providing the corresponding login data.
2.6 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's enlargement function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.
2.8 Order processing and contact usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address they provide for order processing is correct so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 More detailed information on the right of withdrawal can be found in the Seller's withdrawal policy.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the Customer in the Seller's online shop.
4.4 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 When selecting the payment method "SOFORT", the payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the Customer must have an online banking account that is activated for participation in "SOFORT", must authenticate themselves accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction is carried out immediately afterwards by "SOFORT" and the Customer's bank account is debited. Further information on the payment method "SOFORT" can be found on the Internet at https://www.klarna.com/sofort/.
4.6 When selecting a payment method offered via the payment service "Shopify Payments", the payment is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. For the processing of payments, Stripe may use other payment services for which special payment terms may apply, to which the Customer may be separately referred. Further information about "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.
4.7 When selecting a payment method offered via the payment service "mollie", the payment is processed via the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: "mollie"). The individual payment methods offered via mollie are communicated to the Customer in the Seller's online shop. For the processing of payments, mollie may use other payment services for which special payment terms may apply, to which the Customer may be separately referred. Further information about "mollie" is available on the Internet at https://www.mollie.com/de/.
4.8 When selecting a payment method offered via the payment service "Adyen", the payment is processed via the payment service provider Adyen N.V., Simon Carmiggeltstraat 6-50, 1011 DJ, Amsterdam, Netherlands (hereinafter: "Adyen"). The individual payment methods offered via Adyen are communicated to the Customer in the Seller's online shop. For the processing of payments, Adyen may use the services of third-party payment service providers for which special payment terms may apply, to which the Customer may be separately referred. Further information about "Adyen" is available on the Internet at https://www.adyen.help/hc/de.
4.9 When selecting a payment method offered via the payment service "Stripe", the payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe are communicated to the Customer in the Seller's online shop. For the processing of payments, Stripe may use other payment services for which special payment terms may apply, to which the Customer may be separately referred. Further information about Stripe is available on the Internet at https://stripe.com/de.
5) Delivery and Shipping Conditions
5.1 If the Seller offers to ship the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing is decisive.
5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs for the return shipment if the Customer effectively exercises their right of withdrawal. For the return costs, if the Customer effectively exercises their right of withdrawal, the provision made in the Seller's withdrawal policy applies.
5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the Customer or a person authorized to receive the goods when the goods are handed over. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer who is a consumer as soon as the Seller has delivered the item to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment, if the Customer has commissioned the forwarding agent, the carrier or any other person or institution designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the event that the non-delivery is not the Seller's responsibility and the Seller has concluded a concrete covering transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded without delay.
5.5 Self-collection is not possible for logistical reasons.
6) Retention of Title
If the Seller makes advance payment, the Seller retains title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for Defects (Warranty)
Unless otherwise stipulated in the following provisions, the provisions of the statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.1 If the Customer acts as an entrepreneur,
- the Seller has the choice of the type of subsequent performance;
- for new goods, the limitation period for defects is one year from delivery of the goods;
- for used goods, the rights for defects are excluded;
- the limitation period does not begin anew if a replacement delivery is made within the scope of liability for defects.
7.2 The above limitations of liability and shortening of deadlines do not apply
- to claims for damages and reimbursement of expenses by the Customer,
- if the Seller has fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
- for any existing obligation of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any statutory right of recourse remain unaffected.
7.4 If the Customer acts as a consumer, they are requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the Seller of this. If the Customer does not comply with this, this has no effect on their statutory or contractual claims for defects.
8) Liability
The Seller is liable to the Customer for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:
8.1 The Seller is liable without limitation for any legal reason
- in case of intent or gross negligence,
- in case of intentional or negligent injury to life, body or health,
- on the basis of a guarantee promise, unless otherwise regulated in this respect,
- on the basis of mandatory liability such as under the Product Liability Act.
8.2 If the Seller negligently breaches an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability applies in accordance with the above clause. Essential contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the Customer may regularly rely.
8.3 Otherwise, the Seller's liability is excluded.
8.4 The above liability provisions also apply with regard to the Seller's liability for its vicarious agents and legal representatives.
9) Applicable Law
The law of the Republic of Austria shall apply to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
10) Place of Jurisdiction
If the Customer acts as a merchant, a legal entity under public law or a special fund under public law with its seat in the territory of the Republic of Austria, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller's place of business. If the Customer has its seat outside the territory of the Republic of Austria, the Seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims from the contract can be attributed to the Customer's professional or commercial activity. However, in the above cases, the Seller is in any case entitled to call upon the court at the Customer's place of business.
11) Alternative Dispute Resolution
11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
11.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
