Terms and Conditions Austria

General terms and conditions with customer information

(The following T & Cs also contain legal information on your rights under the rules on contracts for distance sales and e-commerce).

1. Scope of application
2. Offers and Performance Descriptions
3. Ordering and conclusion of contract
4. Prices and shipping costs
5. Delivery, product availability
6. Payment modalities
7. Reservation of title
8. Warranty and warranty
9. Liability
10. Withdrawal
11. Exclusion of the right of rescission
12. Returns
13. Saving the contract text
14. Privacy Policy
15. Jurisdiction, applicable law, contractual language

1. Scope

1.1. For the business relationship between

Joc's Country Corner
Owner: Franz Jochen Schraml
Triesterstrasse 63, 8073 Feldkirchen bei Graz
Management: Franz Jochen Schraml

Phone: +43 (0) 316 29 13 92
Fax: +43 (0) 316 29 13 92
E-Mail: office@jocs-country-corner.com
Website: www.jocs-country-corner.com

VAT identification number: ATU 28868605

(Hereinafter referred to as “Seller”) and the Customer (hereinafter referred to as “Customer”) shall be subject exclusively to the following General Terms and Conditions in their version valid at the time of the order.
1.2. You can reach our customer service for questions, complaints and objections on working days from monday to saturday from 09:00 o’clock to 12:00 o’clock and from monday to friday from 14:00 o’clock to 18:00 o’clock via the phone number +43 (0) 316 29 13 92 as well as by e-mail at office@jocs-country-corner.com.
1.3. Consumers within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that can not be attributed to his commercial or independent professional activity (§ 13 BGB).
1.4. Deviating conditions of the customer are not recognized, unless the seller explicitly agrees to their validity in writing.

2. Offers and services

2.1. The presentation of the products in the online shop is not a legally binding offer, but a solicitation of an order. Performance descriptions in catalogs as well as on the websites of the seller have not the character of an assurance or guarantee.
2.2. All offers are valid as long as stocks last, unless otherwise stated in the products. Errors and omissions are reserved.

3. Order process and contract conclusion

3.1. The customer can select products from the assortment of the seller without obligation and collect them via the [in the basket] button in a so-called shopping basket.
3.2 Afterwards, the customer can go to the end of the ordering process via the [Continue to Checkout] button within the shop basket.
3.3. Via the [Buy] button, the customer makes a binding offer to purchase the goods in the shopping basket. Before sending the order, the customer can change and view the data at any time. Required fields are marked with an asterisk (*).
3.4. The seller then sends the customer an automatic acknowledgment of receipt by e-mail, in which the order of the customer is re-listed and which the customer can print out with the function “print” (order confirmation). The automatic confirmation of receipt only documents that the customer’s order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded when the seller sends the ordered product to the customer within 2 days Has confirmed to the customer within two days with a second e-mail, express order confirmation or delivery of the invoice.
3.5. If the seller allows a prepayment, the contract comes with the provision of the bank data and payment request. If the payment has not been received at the seller within 10 calendar days after the order has been repaired, the seller will return from the contract with the consequence that the order is lapsed and the seller does not make a delivery obligation. The order is then completed for the buyer and seller without further consequences. The item will be reserved for 10 calendar days.

4. Prices and shipping costs

4.1. All prices shown on the website of the seller are inclusive of the applicable statutory value-added tax.
4.2. In addition to the stated prices, the seller will charge shipping for the delivery. The shipping costs are clearly communicated to the buyer on the dispatch cost page and within the scope of the order process.

5.Delivery, product availability

5.1. If, at the time of ordering the customer, no copies of the product selected by him are available, the seller shall inform the customer of this in the order confirmation. If the product is permanently unavailable, the seller will not accept a declaration of acceptance. A contract is not concluded in this case.
5.2. If the product designated by the customer in the order is only temporarily unavailable, the seller also immediately notifies the customer of this in the order confirmation. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In this case, the seller is also entitled to terminate the contract. In this case, the seller will refund any payments already made by the customer without delay. If advance payment has been agreed, delivery will be made upon receipt of the invoice amount.

6. Payment arrangements

6.1. The customer can choose from the available payment methods within the framework and before the end of the ordering process.
6.2. If the payment is possible by invoice, the payment has to be made within 30 days after receipt of the goods and the invoice. For all other payment methods, the payment must be made in advance without any deduction.
6.3. If third parties are charged with payment processing, e.g. Paypal. Their general terms and conditions of business apply.
6.4. If the payment is due according to the calendar, the customer is already in default by default. In this case, the customer has to pay default interest of 5 percentage points above the basic interest rate.
6.5. The customer’s obligation to pay interest on arrears does not preclude the seller from asserting further default damages.
6.6. The customer is only entitled to set off his counterclaims if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention insofar as the claims result from the same contractual relationship.

7.Retention of title

The goods delivered remain the property of the vendor until full payment has been received.

8. Warranty and Guarantee

8.1. The warranty is determined by law.
8.2. There is a guarantee for the goods delivered by the seller only if this has been expressly given.

9. Liability

9.1. The following exclusions and limitations of liability apply to a liability of the seller for damages without prejudice to the other statutory requirements.
9.2. The seller is liable without limitation, insofar as the cause of the damage is based on intent or gross negligence.
9.3. Furthermore, the seller is liable for the slightly negligent breach of essential obligations whose violation jeopardizes the attainment of the purpose of the contract or for the violation of obligations which fulfill the proper execution of the contract at all and which the customer regularly trusts. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The Seller is not liable for the slightly negligent violation of obligations other than those specified in the preceding sentences.
9.4. The above limitations of liability do not apply in case of injury to life, body and health, for a defect after assumption of a guarantee for the quality of the product and in the case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. If the liability of the seller is excluded or restricted, this also applies to the personal liability of employees, representatives and vicarious agents.

10. Right of withdrawal

Cancellation by express written statement

Within 14 days after receipt of the goods, each customer can withdraw from the contract by sending a written declaration of rescission without giving reasons. For this, it is sufficient if the declaration of withdrawal is sent within this period (it will decide the date of the postal service slip). In this case, the customer is obligated to return the goods without delay. The return shipping costs (postage) are to be borne by the customer. If the goods have been used and / or damaged, the customer has to pay a reasonable fee for the use, including a reasonable compensation for the damages incurred – at most in the amount of the value of the goods – to the seller. The withdrawal declaration must be sent to the following address:

Joc's Country Corner
Owner: Franz Jochen Schraml
Triesterstrasse 63, 8073 Feldkirchen bei Graz
Management: Franz Jochen Schraml

Phone: +43 (0) 316 29 13 92
Fax: +43 (0) 316 29 13 92
E-Mail: office@jocs-country-corner.com
Website: www.jocs-country-corner.com

VAT identification number: ATU 28868605

Cancellation by simple return of goods

The customer may also exercise his right of rescission by simply returning the goods to the seller within 14 days of receipt without written notice of withdrawal. In this case, the timely sending of the goods shall be sufficient to meet the deadline. A prerequisite for this form of exercise of the right of withdrawal by simple return of the goods is that the goods are not damaged or used and the return is sufficiently franked. Only in case of incorrect or defective delivery the seller bears the return shipping costs (postage).

The risk of return as well as proof of this is the responsibility of the customer. In the case of a withdrawal of the customer (by express declaration or simple return of the goods), the seller immediately repays the already paid purchase price – shipping costs are not refunded. When you place an order for an open account, you will be credited to the customer account.

11. Notes on the exclusion of the Withdrawal

The right of withdrawal does not exist in the case of the delivery of goods which are custom-made or are clearly tailored to the personal requirements, or for the delivery of audio or video recordings or software, if the delivered data carriers have been unsealed by you.

12. Returns

12.1. Customers are requested to notify the seller of the returned item to the seller [fill in the telephone number and / or e-mail address and / or contact page] to return the return. In this way, they enable the vendor to assign the products as quickly as possible.
12.2. Customers are asked to return the goods as a prepaid package to the vendor and to keep the receipt document. On request, the Seller will reimburse the customer the cost of the Portokosten, if these are not to be borne by the Buyer himself.
12.3. Customers are asked to avoid damage or contamination of the goods. If possible, the goods should be returned in original packaging with all accessories to the seller. If the original packaging is no longer in the possession of the seller, another suitable packaging should be used in order to ensure adequate protection against transport damage and to avoid possible claims for damages due to defective packaging.
12.4. The modalities mentioned in this section (No. 12) of the General Terms and Conditions are not a prerequisite for the effective exercise of the rescission pursuant to Art. No. 10 of these General Terms and Conditions.

13. Save the contract text

13.1. The seller saves the contract text of the order. The terms and conditions are available online. The customer can print out the contract text before placing the order to the seller by using the print function of his browser in the last step of the order.
13.2. The seller also sends the customer an order confirmation with all order data to the e-mail address specified by him. Furthermore, the customer receives a copy of the GTC with his order.

14. Privacy

14.1. The seller processes personal data of the customer according to the legal requirements.
14.2. The personal data (such as name, e-mail address, address, payment data) given for the purpose of ordering goods are used by the vendor to fulfill and process the contract. These data are treated confidentially and are not passed on to third parties who are not involved in the ordering, delivery and payment process.
14.3. The customer has the right, on request, to receive information about the personal data that has been saved by the seller about him. In addition, he has the right to correct incorrect data, to block and erase his personal data, insofar as no statutory retention requirement exists.
14.4. Further information on the nature, scope, location and purpose of the collection, processing and use of the required personal data by the seller is given in the data protection declaration.

15. Jurisdiction, Applicable Law, Contractual Language

15.1. Jurisdiction and place of performance shall be the registered office of the seller if the purchaser is a merchant, a legal person of public law or a public special fund.
15.2. The law of the Republic of Austria applies. This does not apply if compulsory consumer protection regulations conflict with such an application.
15.3. The contract language is German.

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