General Terms and Conditions

General Terms and Conditions
(Version from 06/01/2019)

1. Scope
The following terms and conditions apply to all orders via our online shop.

2. Contractual partner, conclusion of contract
The purchase contract is concluded with 

MSG Online GmbH
Wirtschaftspark 9
8530 Deutschlandsberg
Austria

The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalog. You can first add our products to the shopping cart without obligation and correct your entries at any time before sending the binding order by submitting the information provided in the order process and explained correction aids.

By clicking the order button, you place a binding order for the goods contained in the shopping cart and accept the general terms and conditions. Our automatic order receipt confirmations, which are then sent, document, that we have received your order, but do not constitute acceptance of your offer. A contract is only concluded with our express declaration of acceptance.

You are obliged to fill in the fields (or details) provided in the order form completely and truthfully.

After completing the order (by clicking the button "order with payment"), it is no longer possible to change the order. You can exercise your right of withdrawal (see point 4).

Confirmation of receipt of your order will be sent by email immediately after submitting the order.

The contracting parties agree on the application of Austrian law. If the consumer is domiciled or ordinarily resident in Germany or is employed domestically, the only jurisdiction to bring an action against him is the jurisdiction of the court in whose jurisdiction the domicile, habitual residence or place of employment lies; this does not apply to legal disputes that have already arisen.

 

3. Place of performance
The place of performance is the head office of MSG Online GmbH: Wirtschaftspark 9, 8530 Deutschlandsberg, Austria.

 

4. Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day, on which you or a third party named by you, who is not the carrier, took possession of the goods.

To exercise the right of withdrawal, you must return the goods received unopened within 14 days of receipt to

MSG Online GmbH
Wirtschaftspark 9
8530 Deutschlandsberg
Austria

return. The use and settlement of our cancellation form is not absolutely necessary, but it speeds up the process. 

If you cancel this contract, we have to pay back all payments, that we have received from you, including the shipping costs (with the exception of the additional costs that result from the fact, that you have chosen a different type of delivery than the cheapest standard delivery we offer) within fourteen days from the day, on which we received your return. For this repayment, we use the same means of payment, that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

In the case of sales contracts, in which we have not expressly offered to collect the goods ourselves in the event of cancellation, we can refuse the repayment, until we have received the goods again or until you have provided proof, that you have returned the goods, whichever is the earlier.

You have to bear the immediate costs of the return.

Opened products cannot be taken back for hygienic reasons.

Unless the parties have agreed otherwise, the right of withdrawal does not apply to the following contracts:

Contracts for the delivery of goods, that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer,

contracts for the delivery of sealed goods, that are not suitable for return for reasons of health protection or hygiene, if their seal was removed after delivery,

contracts for the delivery of goods if, due to their nature, they have been inseparably mixed with other goods after delivery,

contracts for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery,

contracts for the delivery of newspapers, magazines or magazines with the exception of subscription contracts.

 

5. Contract language, contract text storage
The language available for the conclusion of the contract is German.

We save the text of the contract and send you the order data by email. You can view and download the terms and conditions at any time here on this page. You can view your past orders in our customer login.

 

6. Delivery
In addition to the specified product prices, shipping costs are added. You can find out more about the amount of the shipping costs on the shipping costs page or in the ordering process. If you choose the delivery to a delivery address, that you have specified, you have to bear the shipping costs, that are shown in the webshop for the goods and when you pay for the goods.

You have the option of picking up at our branch in Deutschlandsberg:

Wirtschaftspark 9
8530 Deutschlandsberg
Austria

When the goods are dispatched, the risk of loss or damage to the goods only passes to the consumer as soon as the goods are delivered to the consumer or to a third party determined by the consumer and different from the carrier. However, if the consumer himself has concluded the contract of carriage without using any of the options proposed by us, the risk passes to the carrier when the goods are handed over.

UNDERSHOOTING THE "FREE SHIPPING" THRESHOLD
For returns we reserve the right to recalculate the standard shipping costs, if the value of the order - minus the return - falls below the free shipping limit.

Complaints about missing or damaged parcels should be made immediately to the responsible post office or delivery service, otherwise there is no claim for compensation.

Please note, that in the event of refusal to accept or non-acceptance, the resulting costs will be charged to you.

For deliveries outside the EU, you can inquire about the customs costs at the customs office.

7. Payment
All prices on this website are given in euros. Packaging and shipping costs, if any, are calculated and shown separately.

The payment methods displayed at the end of the ordering process are available to you, e.g. payment by credit card, PayPal, instant transfer, purchase on account and partial payment. We reserve the right to restrict the choice of payment methods in individual cases.
The entered data will not be saved by us, but possibly by the respective payment provider. 

A combination of vouchers and other payment methods (such as credit cards, PayPal, instant transfer) and payment with several vouchers is possible.

In the event of a delay in payment, we are entitled, subject to the assertion of a higher (specifically to be proven) damage caused by delay, interest amounting to 12% p. a. to invoice. In addition, the customer undertakes to reimburse third party reminder, collection and research costs (especially from lawyers) insofar as these costs were used for the appropriate legal prosecution. We would like to point out, that if a lawyer intervenes, the costs will be based on the amount standardized by the Lawyers' Tariff Act (RATG) plus statutory sales tax, that of collection agencies up to the amount standardized by the Federal Ministry of Economics in the ordinance for collection agencies.

Any payments made by you will be reimbursed to the means of payment that you used when placing your order.

The following payment methods are generally available in our shop:

Payment in advance
If you choose this method, we give you our bank details in a separate email and deliver the goods after receipt of payment.

Credit card
When you submit the order, you also send us your credit card details. After your legitimation as a legitimate cardholder, we request your credit card company to initiate the payment transaction immediately after ordering. The payment transaction is carried out automatically by the credit card company and your card is debited.

PayPal
In the ordering process, you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. You will receive further information during the ordering process. The payment transaction is carried out automatically by PayPal immediately afterwards.

Installment purchase / purchase on account
In cooperation with the provider KLARNA we offer the possibility of purchase on account and purchase in installments. A successful address and credit check is a prerequisite. In addition to our terms and conditions, KLARNA's terms and conditions and data protection declaration apply to payment processing. KLARNA terms and conditions for purchase on account and hire purchase can be found here: https://www.klarna.com/at/agb/

Klarna's payment options
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna:

• Invoice: The payment period is 14 days from the dispatch of the goods. You can find the invoice conditions here.

• Installment purchase: With the Klarna financing service, you can flexibly pay for your purchase in monthly installments of at least 1/24 of the total amount (but at least EUR 6.95) or under the conditions otherwise specified in the cash register. The installment payment is due at the end of the month after Klarna sends a monthly invoice. You can find more information about the installment purchase including the general terms and conditions and the standard European information for consumer loans here.

• Sofortüberweisung: Your account is debited immediately after placing the order.

• Direct debit: The debit is made after the goods have been dispatched. You will be informed of the time by email. More information can be found here.

• Credit card (Visa / Mastercard): Available in Austria. The debit takes place after dispatch of the goods or tickets / availability of the service or in the case of a subscription according to the communicated times.

The use of the payment methods invoice, hire purchase and direct debit requires a positive credit check. You can find more information and Klarna's user conditions here. You can get general information about Klarna here. Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection regulations.

8. Retention of title
The goods remain our property until full payment.

9. Warranties and guarantees
If you want to make warranty claims, you can send the affected goods to the following address:

MSG Online GmbH
Wirtschaftspark 9
A-8530 Deutschlandsberg
Austria

(2) Please note, that acceptance does not entail acceptance of warranty claims, but requires a separate check. You will be informed of the result within a reasonable period by the respective service point.

Unless otherwise expressly agreed below, the statutory liability for defects applies.

The limitation period for claims for defects is one year from delivery of the goods.

The above restrictions and shortened deadlines do not apply to claims due to damage caused by us, our legal representatives or vicarious agents

in the event of injury to life, limb or health,

in the event of an intentional or grossly negligent breach of duty and malice,

in the event of a breach of essential contractual obligations, the fulfillment of which enables the 

proper execution of the contract in the first place and on the observance of which the contractual partner can regularly rely (cardinal obligations)

as part of a guarantee promise, if agreed or

as far as the scope of the product liability law is opened.

The warranty is based on the statutory Regulations (24 months from receipt of goods). If an exchange or an improvement is out of the question (not possible, too much effort, unreasonable, delayed delivery), the buyer is entitled to a price reduction or, if the defect is not minor, cancellation of the contract (change). The replacement of (defect) consequential damage, as well as other property damage, pecuniary damage and third party-damage against the customer, unless it is a consumer business, is excluded.

Information on any additional guarantees, that may apply and their exact conditions, can be found in the product and on special information pages in the online shop.

Customer service: You can reach our customer service for questions, complaints and complaints on weekdays from 9:00 a.m. to 5:00 p.m. by email at customersupport@modster.at/de.

10. Liability
We are always liable without limitation for claims due to damage caused by us, our legal representatives or vicarious agents

in the event of injury to life, limb or health,

in the event of an intentional or grossly negligent breach of duty,

in the case of a guarantee promise, if agreed, or

as far as the scope of the product liability law is opened.

In the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner can regularly rely on (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the amount of liability shall be that, which was foreseeable at the time the contract was concluded limited damage, the occurrence of which must typically be expected. In addition, claims for damages are excluded.

11. Code of Conduct
We have voluntarily submitted to the following codes of conduct: Trusted Shops quality criteria

12. Arbitration board
We commit ourselves to participate in the dispute settlement procedure of the Internet Ombudsman:

www.ombudsmann.at

More information on the types of procedures at www.ombudsmann.at.

The OS platform can also be used to resolve disputes with our company: https://ec.europa.eu/consumers/odr

Our email address: customersupport@modster.at/de

 

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