Terms and Conditions

General Terms and Conditions (GTC) for the online shop "www.teke-shop.at" 1. Scope of Application 1.1. These General Terms and Conditions (GTC) apply to all orders placed by consumers (§ 1 Austrian Consumer Protection Act) and businesses (§ 1 Austrian Commercial Code) via our online shop [Name of your shop]. 1.2. These GTC apply to deliveries within Austria and the European Union. 1.3. For the purposes of these GTC, a business is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, is acting in the course of its commercial or independent professional activity. 2. Contractual partner

The purchase contract is concluded with:

Teke e.U
Feldstrasse 34
2345 Brunn am Gebirge

Mobile    +43 664 78210460
Telephone +43 2236 40 44 72

Telefax +43 2236 40 44 72 89
Email: office@teke-shop.at

Company Register No. FN 568084 v
Regional Court Vienna Neustadt
UID: ATU77485213
Tax number: 16053/4871

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 as an invitation to the customer to submit a binding offer.
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 and/or services in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding offer to purchase the goods and/or services contained in the shopping cart by clicking the button that finalizes the order. The customer may also submit the offer to the seller via email. 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 has been 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 customer sends the offer and ends at the close 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 considered a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent. 2.4 If a payment method offered by PayPal is selected, payment processing is handled by 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 during the online ordering process, the seller hereby declares acceptance of the customer's offer at the moment the customer clicks the button that completes the order process. 2.5 When an offer is submitted via the seller's online order form, the contract text is saved by the seller and sent to the customer in text form (e.g., email, fax, or letter) along with these Terms and Conditions after the order has been submitted. In addition, the contract text is archived on the seller's website and can be accessed free of charge by the customer via their password-protected customer account using the corresponding login details, provided the customer created a customer account in the seller's online shop before submitting their order. 2.6 Before submitting a binding order via the seller's online order form, the customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors is the browser's zoom function, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process using standard keyboard and mouse functions until they click the button that completes the order. 2.7 The German language is available for concluding the contract. 2.8 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at that address. In particular, when using spam filters, the customer must ensure that all emails 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 Further information on the right of withdrawal can be found in the seller's cancellation policy. 4) Prices and Payment Terms 4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices, including statutory VAT. Any additional delivery and shipping costs will be specified separately in the respective product description.
4.2 The customer has various payment options available, which are displayed in the seller's online shop at the beginning of the ordering process.
4.3 If payment in advance has been agreed, payment is due immediately upon conclusion of the contract.
4.4 If the payment method "SOFORT" is selected, payment processing is handled by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to pay the invoice amount via "SOFORT", the customer must have an online banking account that is activated for participation in "SOFORT", authenticate themselves accordingly during the payment process, and confirm the payment instruction to "SOFORT". The payment transaction is then carried out immediately by "SOFORT" and the customer's bank account is debited. Further information on the "SOFORT" payment method can be found online at https://www.klarna.com/sofort/.
4.5 When selecting a payment method offered via the "PayPal" payment service, payment processing is handled by PayPal, which may also utilize the services of third-party payment service providers. If the seller also offers payment methods via PayPal where they provide services to the customer in advance (e.g., purchase on account or installment payment), they assign their payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's assignment, PayPal or the payment service provider commissioned by PayPal conducts a credit check using the transmitted customer data. The seller reserves the right to refuse the selected payment method to the customer in the event of a negative credit check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, payment can only be made to PayPal or the payment service provider commissioned by PayPal with legally binding effect. However, even in the event of assignment of receivables, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, notices of cancellation and their submission, or credit notes. 4.6 If a payment method offered via the payment service "Klarna" is selected, payment processing is handled by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms and conditions can be found here:
https://teke-shop.at/zahlungsbedingungen/
4.7 If you select "Amazon Payments" as your payment method, payment processing will be handled by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg, subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/Privatkunden/Nutzungsvereinbarung-Richtlinien/Nutzungsvereinbarung.
4.8 If you select "Purchase on Account" as your payment method, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is payable within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to offer the "Purchase on Account" payment method only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of the corresponding payment restriction in the payment information section of the online shop. 4.9 When selecting the payment method "purchase on account," the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is payable within 14 (fourteen) days of the invoice date without deduction to Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden (www.klarna.de), unless otherwise agreed. The payment method "purchase on account" requires a successful credit check by Klarna AB. If the customer is granted the payment method "purchase on account" after the credit check, the payment will be processed in cooperation with Klarna AB, to whom the seller assigns its payment claim. In this case, the customer can only make payment with legally binding effect to Klarna AB. Furthermore, the General Terms and Conditions of Klarna AB, which the customer can access during the ordering process, apply. The seller reserves the right to offer payment by invoice only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of this payment restriction in the payment information section of the online shop. 4.10 When selecting the payment method "credit card via Stripe," the invoice amount is due immediately upon conclusion of the contract. Payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to conduct a credit check and to refuse this payment method in the event of a negative credit assessment. 4.11 When selecting the payment method "SEPA direct debit," the invoice amount is due after a SEPA direct debit mandate has been issued, but not before the deadline for the pre-notification of the payment has expired. The direct debit will be collected when the ordered goods leave the seller's warehouse, but not before the deadline for the pre-notification has expired. Pre-notification is any communication (e.g., invoice, policy, contract) from the seller to the customer announcing a debit via SEPA direct debit. If the direct debit is not honored due to insufficient funds or incorrect bank details, or if the customer objects to the debit without justification, the customer is liable for any fees incurred by the respective financial institution for the chargeback, provided the customer is at fault. 5) Delivery and Shipping Conditions 5.1 Unless otherwise agreed, goods are delivered by mail to the delivery address specified by the customer. The delivery address specified in the seller's order processing system is decisive for the execution of the transaction.
5.2 For goods delivered by freight carrier, delivery is made "curbside," meaning to the nearest public curb to the delivery address, unless otherwise specified in the shipping information in the seller's online shop or otherwise agreed upon.
5.3 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs of 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 notified the customer of the service a reasonable time in advance. Furthermore, this does not apply to the costs of the initial shipment if the customer effectively exercises their right of withdrawal. For return shipping costs, the regulations set forth in the seller's cancellation policy apply if the customer effectively exercises their right of withdrawal.
5.4 For self-collection, the seller will first inform the customer by email that the ordered goods are ready for collection. After receiving this email, the customer can collect the goods from the seller's premises by prior arrangement. In this case, no shipping costs will be charged.

6) Retention of Title


If the seller performs in advance, they retain title to the delivered goods until full payment of the purchase price owed and all associated costs and expenses has been received.

7) Liability for Defects (Warranty)


Unless otherwise stipulated in the following provisions, the regulations of statutory liability for defects apply. Notwithstanding the above, the following applies to contracts for the supply of goods:
7.1 If the customer is acting as an entrepreneur,
– the seller has the right to choose the type of subsequent performance;
– the limitation period for defects in new goods is one year from delivery of the goods;
– rights and claims due to defects are excluded in the case of used goods;
– the limitation period does not restart if a replacement delivery is made within the scope of the warranty for defects.
7.2 The aforementioned limitations of liability and reductions 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, according to their usual purpose, have been used for a building and have caused its defectiveness,
– to any existing obligation of the seller to provide updates for digital products in contracts for the supply of goods with digital elements.
7.3 In addition, the statutory provisions apply to entrepreneurs. The limitation periods for any existing statutory right of recourse remain unaffected.
7.4 If the contract is a business transaction for both parties within the meaning of Section 343 Paragraph 2 of the Austrian Commercial Code (AT-UGB), the customer is subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 AT-UGB. If the customer fails to comply with the notification obligations stipulated therein, the goods are deemed approved.
7.5 If the customer is acting as a consumer, they are requested to report any delivered goods with obvious transport damage to the delivery service and to inform the seller accordingly. If the customer fails to comply with this, it has no effect whatsoever on their statutory or contractual warranty rights. 8) Redemption of Promotional Vouchers 8.1 Vouchers issued free of charge by the seller as part of promotional campaigns with a specific validity period and which cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only during the specified promotional period. 8.2 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction is stated in the promotional voucher. 8.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent crediting is not possible. 8.4 Several promotional vouchers can be redeemed in one order. 8.5 The order value must be at least equal to the value of the promotional voucher. Any remaining balance will not be refunded by the seller.
8.6 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 selected to pay the difference.
8.7 The balance of a promotional voucher will neither be paid out in cash nor accrue interest.
8.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.
8.9 The promotional voucher is intended for use only by the person named on it. Transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obligated, to verify the eligibility of the respective voucher holder.

9) Applicable Law


All legal relations between the parties shall be governed by the laws of the Republic of Austria, excluding the laws on the international sale of goods. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence. 10) Code of Conduct – The seller has agreed to the terms and conditions of participation in the "Fairness in Trade" e-commerce initiative, which can be viewed online at https://www.fairness-im-handel.de/teilnahmebedingungen/.– The seller has agreed to the "Google Customer Reviews" guidelines, which can be viewed online at https://support.google.com/merchants/topic/7105962. 11) Alternative Dispute Resolution 11.1 The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr. This platform serves as Contact point for the 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 dispute resolution proceedings before a consumer arbitration board.


Status: January 2025

 

 

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