General terms and conditions with customer information

misfit b. shopping

------------------------------------------------------- Table of contents ------------------ 

1. scope of application 2. conclusion of contract 3. right of withdrawal 4. prices and terms of payment 5. delivery and shipping conditions 6. granting of rights of use for digital content 7. duration and termination of subscription contracts 8. retention of title 9. liability for defects (warranty) 10. special conditions for the processing of goods according to certain specifications of the customer 11. redemption of promotional vouchers 12. redemption of gift vouchers 13. applicable law 14. place of jurisdiction 15. alternative dispute resolution 1) Scope of application 1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of OTAN MEDIA GmbH (hereinafter referred to as "Seller") shall apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller with regard to the goods presented by the Seller in its online store. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed. 1.2 These GTC shall apply accordingly to contracts for the delivery of digital content, unless otherwise expressly agreed. 1.3 These GTC shall apply mutatis mutandis to contracts for the delivery of vouchers, unless otherwise expressly agreed. 1.4 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. 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 his commercial or independent professional activity. 1.5 Digital content within the meaning of these GTC is all data that is not on a physical data carrier, which is produced in digital form and provided by the seller under the granting of certain rights of use regulated in more detail in these GTC. 1.6 Depending on the Seller's product description, the subject matter of the contract may be both the purchase of goods by way of a one-time delivery and the purchase of goods by way of a permanent delivery (hereinafter "Subscription Contract"). In the case of a subscription contract, the Seller undertakes to supply the Customer with the contractually owed goods for the duration of the agreed contract term at the contractually owed time intervals. 2) Conclusion of 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 serve for the submission of a binding offer by the Customer. 2.2 The Customer may submit the offer via the online order form integrated into the Seller's online store. In doing so, 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 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 e-mail), in which case the receipt of the order confirmation by the Customer shall be decisive, or - by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer shall be decisive, or - by requesting payment from the customer after the customer has placed the order. If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which 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 shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent. 2.4 If the Customer chooses a payment method offered by PayPal, the payment will be processed 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 by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the time the customer clicks the button that concludes the ordering process. 2.5 When submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The Seller shall not make the text of the contract accessible beyond this. If the Customer has set up a user account in the Seller's online store before sending his order, the order data shall be archived on the Seller's website and can be accessed by the Customer free of charge via his password-protected user account by providing the relevant login data. 2.6 Before bindingly placing the 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 enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process. 2.7 The German and English languages are available for the conclusion of the contract. 2.8 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him 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. 2.9 In the case of an order for data carriers that are not suitable for minors (FSK or USK 18 articles), the customer confirms that he has reached the legally required minimum age by sending the order. The seller ensures that the customer has reached the legally required minimum age by using an age verification system. Therefore, the goods will only be handed over if the customer's age has been successfully checked and authenticated beforehand. 3) Right of withdrawal 3.1 Consumers are generally entitled to a right of withdrawal. 3.2 More detailed information on the right of withdrawal can be found in the seller's cancellation policy. 4) Prices and terms of payment 4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description. 4.2 In the case of 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 funds 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 store. 4.4 If a payment method offered via the payment service "Shopify Payments" is selected, the payment will be 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 Shopify Payments are communicated to the Customer in the Seller's online store. For the processing of payments, Stripe may use other payment services, for which special payment conditions may apply, to which the customer may be informed separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de. 4.5 If a payment method offered via the payment service "Klarna" is selected, the payment will be processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). More detailed information as well as the terms and conditions of Klarna in this regard can be found in the payment information of the Seller, which can be viewed at the following Internet address: https://misfit.shopping

5) Delivery and shipping conditions 5.1 The delivery of goods is carried out by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address deposited by the customer with PayPal at the time of payment shall be 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 if the customer effectively exercises his right of withdrawal. In the event of effective exercise of the right of revocation by the customer, the provision made in this regard in the seller's revocation instructions shall apply to the return costs. 5.3 Self-collection is not possible for logistical reasons. 5.4 Digital content shall be provided to the customer exclusively in electronic form as follows: - via download 5.5 Vouchers shall be provided to the Customer as follows: - by download - by e-mail 6) Granting of rights of use for digital content 6.1 Unless otherwise stated in the DeepL description in the Seller's online store, the Seller grants the Customer the non-exclusive right, unlimited in time and place, to use the ceded content exclusively for private purposes. 6.2 The transfer of the contents to third parties or the creation of copies for third parties outside the scope of these GTC shall not be permitted unless the Seller has agreed to a transfer of the contractual license to the third party. 6.3 The granting of rights shall only become effective when the Customer has paid the contractually owed remuneration in full. The Seller may provisionally permit the use of the contractual content even before this point in time. Such provisional permission shall not constitute a transfer of rights. 7) Duration and Termination of Subscription Contracts 7.1 Subscription contracts shall be concluded for a limited period of time, for the contract term indicated in the respective product description in the Seller's online store, and shall end automatically upon expiry of the contract term. 7.2 The right to extraordinary termination for good cause remains unaffected. Good cause shall be deemed to exist if the terminating party, taking into account all circumstances of the individual case and weighing the interests of both parties, cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period. 7.3 Notice of termination shall be given in writing or in text form (e.g. by e-mail). 8) Retention of title If the Seller makes advance performance, he shall retain title to the delivered goods until the purchase price owed has been paid in full. 9) Liability for defects (warranty) 9.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply. 9.2 If the customer is acting as a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer does not comply with this, this shall have no effect on his statutory or contractual claims for defects. 10) Special conditions for the processing of goods according to certain specifications of the customer 10.1 If, according to the content of the contract, the Seller, in addition to the delivery of the goods, also owes the processing of the goods according to certain specifications of the Customer, the Customer shall provide the Seller with all content required for the processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the Seller and shall grant the Seller the rights of use required for this purpose. The customer alone is responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility that he has the right to use the content provided to the seller. In particular, he shall ensure that no rights of third parties are infringed thereby, in particular copyrights, trademark rights and personal rights. 10.2 The Customer shall indemnify the Seller against claims of third parties which the latter may assert against the Seller in connection with an infringement of their rights by the contractual use of the Customer's content by the Seller. In this context, the Customer shall also bear the reasonable costs of the necessary legal defense, including all court and attorney's fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer shall be obliged to provide the seller immediately, truthfully and completely with all information required for the examination of the claims and a defense. 10.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates legal or official prohibitions or offends common decency. This shall apply in particular in the event of the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content. 11) Redemption of promotional vouchers 11.1 Vouchers which are issued free of charge by the Seller as part of promotions with a specific period of validity and which cannot be purchased by the Customer (hereinafter "Promotion Vouchers") can only be redeemed in the Seller's online store and only during the specified period. 11.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher. 11.3 Promotion vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible. 11.4 Only one promotional voucher can be redeemed per order. 11.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller. 11.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference. 11.7 The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest. 11.8 The promotional voucher shall not be refunded if the Customer returns the goods paid for in full or in part with the promotional voucher within the scope of its statutory right of revocation. 11.9 The promotional voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the promotional voucher in the Seller's online store. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder. 12) Redemption of gift vouchers 12.1 Gift certificates that can be purchased through the Seller's online store (hereinafter "Gift Certificates") can only be redeemed in the Seller's online store, unless otherwise stated in the gift certificate. 12.2 Gift Vouchers and remaining balances of Gift Vouchers are redeemable until the end of the third year after the year of the purchase of the Gift Voucher. Remaining credits will be credited to the customer until the expiration date. 12.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible. 12.4 Only one gift voucher can be redeemed per order. 12.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers. 12.6 If the value of the Gift Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference. 12.7 The balance of a gift voucher is neither paid out in cash nor does it earn interest. 12.8 The gift voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the Gift Voucher in the Seller's online store. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder. 13) Applicable Law All legal relations between the parties shall be governed by the laws of the Republic of Austria to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. 14) 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 registered office in the territory of the Republic of Austria, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer is domiciled outside the territory of the Republic of Austria, the place of business of the seller shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the Seller shall in any case be entitled to apply to the court at the Customer's place of business. 15) Alternative Dispute Resolution 15.1 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 contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer. 15.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

H_iO Collection

Newsletter

Please keep me up to date


Search in your language