For business relations between the consumer and Devenolux Austria GmbH, the following general terms and conditions apply in the respective version at the time of the conclusion of the contract. Catalogue sales business is business that is concluded solely with the use of one or more means of remote communication. The term remote communication means, among other things, electronic mail or e-mail. Deviating terms on your side are not recognized by Devenolux Austria GmbH, unless Devenolux Austria GmbH expressly agrees to their validity in writing.
Changes to the general terms and conditions of business will be published in a newsletter and on the Devenolux Austria GmbH website (www.devenolux.com) and thereby become effective. If you are already registered and do not agree to these changes, you can request the immediate deletion of your registration by e-mail to Devenolux Austria GmbH email@example.com.
- Contract conclusion
The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalogue. By clicking the order button, you are entering into a binding order of the selected goods from the shopping basket. The confirmation of the receipt of your order is made together with the acceptance of the order immediately after is placed by an automated e-mail that contains the product, price, delivery, and payment conditions. The purchase agreement is concluded with this e-mail confirmation. Contract, order, and business language is German. Place of performance for all services in the agreement is our company headquarters. The contracting parties shall agree to the application of Austrian law insofar as there are no compelling legal provisions to the contrary. The United Nations Convention on Contracts for the International Sale of Goods and all provisions relating to the UN Convention on Contracts for the International Sale of Goods are expressly excluded. If the consumer is domiciled or habitually resident in Austria, or employed in Austria, for a lawsuit against the consumer, only the only the jurisdiction of the court in whose authority the domicile, the habitual residence, or the place of employment is situated can be justified. In the event of any legal disputes arising out of the contract, the compulsory consumer regulations at the place of residence of the consumer shall also apply to the contractual relationship.
- Refusal of orders
Devenolux Austria GmbH reserves the right to decline online orders until the time of acceptance of the purchase contract. The decision about this is up to the discretion of Devenolux Austria GmbH. If Devenolux Austria GmbH does not execute an online order, Devenolux Austria GmbH shall immediately notify the customer thereof. Devenolux Austria GmbH reserves the right to send only normal household quantities. If an order that exceeds this quantity, you will be notified by e-mail. If, in exceptional cases, an article is not available, you will also be informed by e-mail.
- Right of rescission for Austrian consumers
The rescission period for a consumer pursuant to the Austrian consumer protection act, from the conclusion of the contract in the case of remote sales, is 7 working days (Saturday is not considered to be a working day). The rescission period begins with delivery of goods and their recipient by the consumer (notification of successful deposit of delivered goods is also considered as delivery of goods to the consumer), for services, this period begins with the date the contract is concluded. The day the period starts (contract conclusion or receipt by the customer) does not count. The rescission can be made within the rescission period, without giving any reasons, in writing by e-mail, fax, or letter to our company to the address below.
If Devenolux Austria GmbH delivered the goods as ordered, the consumer bears the costs of the return shipment.
Returns from Austria are to be sent to:
Devenolux Austria GmbH Georgstraße 5, 4810 Gmunden, Austria
If the consumer withdraws from the contract, the trader has to reimburse the payments made by the consumer and replace the necessary and useful expenses incurred by the consumer. The consumer shall cancel the services received and pay the contractor a reasonable fee for the use, including compensation for a concomitant reduction in the basic value of the service. The transfer of the services by the consumer is by itself not to be regarded as a depreciation.
Parcel-ready goods must be returned by the consumer; goods which cannot be sent by parcel shall be picked up by us at the consumer’s premises. The customer has to pay the costs of the return of the goods as agreed, if the consumer lives in Austria. If the customer is an entrepreneur in accordance with §1 of the Austrian commercial code, a rescission is completely excluded.
Devenolux Austria GmbH shall be liable for deficiencies that are present during the delivery of the goods, within the framework of the legal regulations. For contracts with consumers, the warranty period is 2 years from delivery of the goods. During this warranty period, you have the right to free repair or replacement of the goods. If a defect is not remedied within a reasonable period, you are entitled to a conversion (cancellation of the purchase) or a reduction (reduction of the purchase price).
- Delivery/shipping costs
All prices quoted by Devenolux Austria GmbH are, unless expressly stated otherwise, including VAT. Unless stated otherwise in the article description, all items will be delivered without decoration.
The shipping costs are a flat rate of EUR 5.50 for Austria. From a minimum order value of EUR 70.00m no shipping costs will be charged in Austria. For countries in the EU zone, the shipping fee is set at a flat rate of EUR 15.00; for countries in the EU zone 2, EUR 18.00; and for the rest of the world EUR 25.00.
The shipping costs for the respective country are displayed at checkout before the purchase is completed.
- Prices and payment options
Regardless of the country where the order is placed, payment can be made by credit card and by direct transfer.
The purchase price is payable as follows:
Credit card: The credit card is debited with the acceptance of the order. In the event of a delay in payment, we reserve the right to charge late fees.
The prices are valid at the time of the order, including VAT, plus all expenses incurred with the shipment. Billing is in euros. The costs and fees incurred by the financial services provider (card complete Service Bank AG, Sofort GmbH) as a result of the payment process are borne by Devenolux Austria GmbH and are not charged to the consumer.
- Retention of title and offsetting ban
The delivered goods remain the property of Devenolux Austria GmbH until the complete payment of the price and any shipping costs. The contractual partner waives the possibility of offsetting. However, this does not apply to consumers in the event of our insolvency or for counterclaims which are connected with our claim, set by courts or recognized by us. In these cases, consumers have the possibility of offsetting.
- Data protection
Identification, storage, and protection of data:
Of course, all personal information will be treated confidentially. We use information from you without your express permission solely for the processing of your order. When registering for the newsletter, your e-mail address will be used with your consent for our own advertising purposes, until you unsubscribe from the newsletter. Data required for business transactions will be saved and, where appropriate, passed on to companies entrusted with the execution of the order. The protection of your payment-relevant information, such as credit card data, is of paramount importance to us. This approach almost entirely eliminates the possibility of misuse of your data. You have a right to free information on, correction, blocking, and deletion of your stored data at any time. In this regard, you can contact us in writing at the e-mail address firstname.lastname@example.org or by post to the address indicated in the legal disclaimer. This right is limited only to the extent that we can suspend the cancellation to safeguard our claims. We shall save the contract texts. Order data and our terms and conditions will be sent to you by e-mail. You can view the General Terms and Conditions at any time at www.devenolux.com. For security reasons, your order data is no longer accessible via the Internet.
The customer acknowledges that the use of the data entered is stored and processed for purposes of our accounting, marketing, and customer records. The data are used by us to comply with legal requirements and to handle payment transactions.
Customer data will not be passed on to third parties, unless this is absolutely necessary for the handling of the contract (transport of goods, invoicing) or for court orders. Our contracting parties for the handling of the contract (transport of goods) are instructed on our data protection regulations and are obliged to adhere to these.
Revocation of consent
You may have explicitly given the following consent. We would like to draw your attention to the fact that you can, at any time, revoke your consent for the future. Permission for e-mail advertising: I would like to receive regular offers by e-mail. My e-mail address will not be shared with other companies. I can revoke this consent to the use of my e-mail address for advertising purposes at any time by clicking the “Unsubscribe” link at the end of the newsletter or by contacting email@example.com.
Company registration no.: FN 456677i, Commercial register District court of Wels UID: ATU71318718
Raiffeisenbank Salzkammergut: IBAN: AT62 3451 0000 0953 0247, BIC: RZOOAT2L510
Sparkasse Oberösterreich: IBAN: AT69 2032 0321 0041 0219, BIC: ASPKAT2LXXX
Managing Director: Brigitte Kann Business purpose: Retail
Severability clause: Should individual provisions of these general terms and conditions be or become invalid or impracticable in whole or in part, this shall not affect the validity of the remaining provisions.