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General Terms and Conditions with Customer Information
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Table of Contents
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1. Scope
2. Conclusion of the Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Granting of Rights for Digital Content
7. Retention of Title
8. Liability for Defects (Warranty)
9. Redemption of Promotional Vouchers
10. Applicable Law
11. Alternative Dispute Resolution

1) Scope
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Tamas Simonics, acting under "Tamas Simonics" (hereinafter referred to as "Seller"), apply to all contracts concluded between a consumer or entrepreneur (hereinafter referred to as "Customer") and the Seller with regard to the goods and/or services presented by the Seller in their online store. The inclusion of the Customer’s own terms and conditions is hereby objected to unless otherwise agreed.
1.2 For contracts for the provision of digital content, these GTC apply accordingly unless otherwise stipulated. Digital content within the meaning of these GTC refers to data that is created and provided in digital form.
1.3 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.
1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a legally capable partnership acting in the exercise of their trade, business, or profession when entering into a legal transaction.

2) Conclusion of the Contract
2.1 The product descriptions contained in the Seller's online store do not constitute binding offers on the part of the Seller but are intended for the submission of a binding offer by the Customer.
2.2 The Customer can submit an offer via the online order form integrated into the Seller's online store. After placing the selected goods and/or services in the virtual shopping cart and completing the electronic order process, the Customer submits a legally binding contractual offer with regard to the goods and/or services contained in the shopping cart by clicking the button that finalizes the order process ("order with obligation to pay").
2.3 The Seller may 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 email), in which case the receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or
• by requesting payment from the Customer after the order is placed.
  If several of the aforementioned alternatives apply, the contract is concluded at the point in time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends with the expiry 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 shall be deemed 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 processing is carried out 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 - under the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer selects a payment method offered by PayPal during the online order process, the Seller declares acceptance of the Customer's offer at the time when the Customer clicks the button that completes the order process.
  2.5 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller and sent to the Customer after submitting their order along with the present GTC in text form (e.g., email, fax, or letter). However, the contract text can no longer be retrieved by the Customer via the Seller's website after submitting their order.
  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 of better recognizing input errors can be the enlargement function of the browser, which magnifies the display on the screen. The Customer can correct their input during the electronic order process using the usual keyboard and mouse functions until they click the button that completes the order process.
  2.7 The German language is available for the conclusion of the contract.
  2.8 Order processing and contacting are usually carried out via email and automated order processing. The Customer must ensure that the email address they provide for order processing is accurate so that the emails sent by the Seller can be received at this address. In particular, the Customer must ensure that the use of SPAM filters allows all emails sent by the Seller or by third parties commissioned by the Seller for order processing to be delivered.

3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further details on the right of withdrawal can be found in the seller's cancellation policy.

4) Prices and Payment Conditions
4.1 Unless otherwise indicated in the seller's product description, the prices listed are total prices. VAT is not shown as the seller is a small business owner under the UStG (German Value Added Tax Act). Any additional delivery and shipping costs will be separately specified in the respective product description.
4.2 The customer has various payment options available, which are specified at the beginning of the order process in the seller's online shop.
4.3 If prepayment has been agreed, payment is due immediately upon conclusion of the contract.
4.4 If the customer selects a payment method offered via the "Shopify Payments" payment service, the payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The specific payment methods available via Shopify Payments will be communicated to the customer in the seller's online shop. Stripe may use additional payment services for processing payments, for which special payment conditions may apply; the customer will be informed separately if applicable. Further information about "Shopify Payments" can be found online at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and Shipping Conditions
5.1 The delivery of goods is carried out via shipping to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the transaction.
5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstances that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the offered service, unless the seller had announced the service a reasonable time in advance. Furthermore, this does not apply to the costs for the initial shipment if the customer effectively exercises their right of withdrawal. In this case, the return shipping costs are governed by the seller's cancellation policy.
5.3 Self-collection is not possible for logistical reasons.
5.4 Digital content will be made available to the customer as follows:

• via email.

6) Granting of Usage Rights for Digital Content
6.1 Unless otherwise indicated in the content description in the seller's online shop, the seller grants the customer a non-exclusive, unlimited right, both geographically and temporally, to use the provided content for both private and commercial purposes.
6.2 The transfer of content to third parties or the creation of copies for third parties outside the scope of these terms and conditions is not permitted unless the seller has agreed to the transfer of the contractual license to the third party.
6.3 If the contract relates to the one-time provision of digital content, the granting of rights only becomes effective once the customer has fully paid the owed compensation. The seller may temporarily allow the use of the contractual content before this point. However, such temporary permission does not transfer the rights.

7) Retention of Title
If the seller provides goods in advance, ownership of the delivered goods remains with the seller until full payment of the purchase price and all associated costs and expenses has been made.

8) Liability for Defects (Warranty)
Unless otherwise stated in the following provisions, the statutory provisions on liability for defects apply. For contracts concerning the delivery of goods, the following applies: 8.1 If the customer acts as a business,

• the seller has the choice of the type of subsequent performance;
• the limitation period for defects in new goods is one year from delivery of the goods;
• rights and claims for defects in used goods are excluded;
• the limitation period does not start anew if a replacement delivery is made as part of liability for defects. 8.2 The above-mentioned limitations of liability and shortening of time limits do not apply
• to claims for damages and reimbursement of expenses by the customer,
• in the event that the seller has fraudulently concealed the defect,
• to goods that have been used in accordance with their normal use for a building and have caused its defectiveness,
• to any obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements. 8.3 Furthermore, it applies to businesses that the statutory limitation periods for any statutory recourse claims remain unaffected.
  8.4 If the contract is a business-related transaction for both parties under § 343 (2) AT-UGB, the customer is subject to the commercial inspection and notification obligations according to § 377 AT-UGB. If the customer fails to comply with the notification obligations specified there, the goods are considered approved.
  8.5 If the customer acts as a consumer, they are requested to report any obvious transport damage to the deliverer and inform the seller. Failure to comply with this request has no impact on the customer’s statutory or contractual defect claims.

9) Redemption of Promotional Vouchers
9.1 Vouchers issued by the seller free of charge as part of promotional campaigns with a specific validity period, and which cannot be purchased by the customer (hereinafter referred to as "promotional vouchers"), can only be redeemed in the seller's online shop and only within the specified promotional period.
9.2 Certain products may be excluded from the voucher promotion, provided such a restriction arises from the content of the promotional voucher.
9.3 Promotional vouchers can only be redeemed before the order process is completed. Retrospective crediting is not possible.
9.4 Only one promotional voucher can be redeemed per order.
9.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
9.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
9.7 The balance of a promotional voucher will not be paid out in cash or earn interest.
9.8 The promotional voucher will not be refunded if the customer returns the goods paid for wholly or partly with the promotional voucher as part of their statutory right of withdrawal.
9.9 The promotional voucher is intended solely for use by the person named on it. The transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obligated, to verify the material entitlement of the respective voucher holder.

10) Applicable Law
All legal relationships between the parties shall be governed by the laws of the Republic of Austria, excluding the laws governing the international sale of movable goods. For consumers, this choice of law only applies to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence.

11) Alternative Dispute Resolution
11.1 The EU Commission provides a platform for online dispute resolution, available at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
11.2 The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.