General Terms and Conditions of Vicon GmbH
General Terms and Conditions
§ 1 Scope of application, definitions
(1) VICON GmbH, Christian Harml, Michael Tinhof, Gaisbergstraß4e 10b, A-5020 Salzburg, Austria (hereinafter referred to as: “we” or “VICON.me”) operate an online shop for good on the website https://www.vicon.me/shop. The following general terms and conditions apply to all service between us and our customers (hereinafter referred to as: “customer” or ”they”) in their version valid at the time of the order, in so far nothing else has explicitly been agreed.
(2) “Consumer” in the sense of these general terms and conditions means any natural person who enters into a transaction for a purpose that is neither commercial nor their independent professional activity. “Entrepreneur” means any natural or legal person, or a private partnership with legal rights, that enters into a legal transaction in the exercise of its commercial or independent professional activity, whereas a private partnership with legal rights is a partnership with the capacity to acquire rights and to enter into engagements.
§ 2 Conclusion of the agreements, storing of the contractual text
(1) The following regulations applicable to the contractual process are valid for orders via our online shop on https://www.civon.me/shop.
(2) Our product presentations on the internet are non-binding and do not represent a binding offer for concluding a contract.
(3) After receipt of a purchase order in our online shop, the following provisions shall apply: The customer submits a binding contract offer by successfully completing the order procedure included in our online shop. The order is realized according to the following steps:
- select the desired product,
- add products by clicking the respective button (e.g. “add to the shopping cart”, “add to the shopping basket”, or similar),
- verify the details in the shopping cart
- retrieve the order overview by clicking the respective button (e.g. “Checkout”, “Continue to payment”, “Continue to order overview”, or similar).
- enter/verify address and contact data, select method of payment, confirm general terms and conditions and revocation instruction,
- complete the order by clicking on the button “Buy Now”. This represents your binding order.
- The contract shall be concluded if you receive our order confirmation sent to your indicated email address within a period of 3 working days.
(4) Im Falle des Vertragsschlusses kommt der Vertrag mit VICON GmbH, Christian Harml, Michael Tinhof, Gaisbergstraße 10b, 5020 Salzburg, Österreich zustande.
(5) Before the purchase order is placed, the contract data can be printed out or saved electronically through the print option of the browser. The handling of the order and the transfer of all required information concerning the contract conclusion, especially order data, general terms and conditions and revocation instructions, is carried out by email, partly automated, after you have activated the order. Once the contract has been made, we do not save the text of the contract.
(6) Entry errors can be corrected by using the habitual keyboard, mouse and browser functions (e.g. “back” button of the browser). They may also be corrected by prematurely interrupting the order procedure, closing the browser window and repeating the whole process.
(7) The handling of the order and the transfer of all required information concerning the contract conclusion is carried out by email, partly automated. Therefore, you are obliged to ensure that the email address supplied by you is correct, the email receipt is technically guaranteed and is not prevented by the spam filter.
§ 3 Subject matter of the contract and essential product characteristics
(1) Our online shop has the following subject matter:
- Sales of goods. The offered goods can be found on our article pages.
(2) For essential characteristics of the goods, see the article description page.
(3) Für den Verkauf digitaler Produkte gelten die aus der Produktbeschreibung ersichtlichen oder sich sonst aus den Umständen ergebenden Beschränkungen, insbesondere zu Hard- und/oder Softwareanforderungen an die Zielumgebung. Wenn nicht ausdrücklich etwas anderes vereinbart ist, ist Vertragsgegenstand nur die private und gewerbliche Nutzung der Produkte ohne das Recht zur Weiterveräußerung oder Unterlizensierung.
§ 4 Prices, shipping costs and delivery
(1) The prices indicated in the respective offers as well as the shipping costs are total prices including all price components and all taxes incurred.
(2) The respective purchase price has to be paid (advance payment) before delivery of the goods, unless we explicitly offer purchase on account. The methods of payment available for you can be seen by clicking on the corresponding button in our online shop and are also stated in the respective offer. Unless otherwise specified in the individual methods of payment, all our demands for payment shall fall due immediately.
(3) In addition to the indicated prices, shipping costs can occur for the delivery of the products, unless the respective article is expressly offered free of shipping costs. The shipping costs are clearly communicated to you once again in the offers, in the shopping cart system and in the order overview.
(4) Alle angebotenen Produkte sind, sofern nicht in der Produktbeschreibung deutlich anders angegeben, sofort versandfertig (Lieferzeit: Standardlieferdauer, 5-7 Werktage nach dem Eingang der Zahlung).
(5) Es bestehen die folgenden Liefergebietsbeschränkungen: Die Lieferung erfolgt in folgende Länder: Belgien, Bulgarien, Deutschland, Dänemark, Estland, Finnland, Frankreich, Griechenland, Irland, Italien, Kroatien, Lettland, Litauen, Luxemburg, Monaco, Niederlande, Polen, Portugal, Rumänien, Schweden, Slowakei, Slowenien, Spanien, Tschechien, Ungarn, Vereinigtes Königreich, Österreich.
§ 5 Right of retention, reservation of title
(1) You shall only be allowed to exercise your right of retention when the claim is related to the same contractual relationship.
(2) The goods shall remain our property until full payment of the purchase price.
§ 6 Right of revocation
As a consumer you shall have a right of revocation. This is subject to our revocation instructions. revocation instructions.
§ 7 Liability
(1) Subject to the following exceptions, our liability for breaches of contractual obligations and breaches arising from an offence is limited to intent and gross negligence.
(2) In the event of minor negligence, we have unlimited liability for damages arising from injury to life, body and health or in case of violation of a fundamental contractual obligation. If we negligently delay delivery or service, if the performance becomes impossible or if we violate a fundamental contractual obligation, the liability for resulting property damages and financial damages shall be limited to those damages that are foreseeable and typical for the contract. A fundamental contractual obligation is such an obligation whose fulfillment mainly facilitates the proper execution of the contract, whose breach will put the achievement of the contractual purpose at risk and in the observance of which the customer regularly trusts. This particularly includes our obligation to take action and to fulfill the contractually owed services described in clause 3.
§ 8 Contract language
The contractual language is German.
§ 9 Gewährleistung/Kundendienst
(1) Our warranty is limited to the statutory provisions.
(2) For companies, the warranty period shall be 12 months from the date of delivery.
(3) On fulfillment of the contract, you as a consumer are requested to immediately check the product/digital goods or the services rendered for completeness, obvious defects and transport damage and to inform us and the shipping company about any reclamation as soon as possible. Should you fail to comply with this demand, this has naturally no impact on your statutory warranty claims.
(4) Our customer service for questions, reclamations and complaints is available for you from Mo – Fr, 09:00 – 18:00 via email: firstname.lastname@example.org or phone: +43 662 202025.
§ 10 Schlussbestimmungen
(1) German law shall apply. For any consumer, this choice of law applies only to the extent that the protection granted by the mandatory provisions of the law of the country of the consumer’s usual residence is not deprived (favorability principle).
(2) The provisions of the UN sales law are explicitly not applicable.
(3) If the customer is a business person, a corporate body organized under public law or a special fund under public law, the place of jurisdiction for all disputes arising out of the contractual relationship between the customer and the supplier shall be the supplier’s place of business.
Alternative dispute resolution according to article 14 para. 1 ODR-VO and s. 36 VSBG:
The European Commission provides a platform for online dispute settlement (OS) that you can find under https://ex.europa.eu/consumer/odr. We are not obliged and prepared to participate in a dispute settlement procedure before a consumer arbitration body.