General Terms and Conditions

 

Status: 1 August 2022

1. Subject matter of the contract, contractual partners, amendments

1.1 These General Terms and Conditions apply to all sales via the up the system webshop to consumers within the meaning of the Austrian Consumer Protection Act (KSchG).

1.2 Your contractual partner is the Unterburg Stonawski ante up OG (hereinafter also referred to as "up the system " or "we").

1.3 With every purchase in our webshop you conclude a legally binding contract with us, which is based on these General Terms and Conditions.

2. Offers, order, conclusion of contract

2.1 All the offers in our webshop are subject exclusively to these General Terms and Conditions in the version valid at the time of ordering. Any deviating terms and conditions of the customer shall not apply unless we have agreed to their validity in writing. All offers in our webshop are subject to change and are only valid while stocks last.

2.2 You can shop at up the system without registering for a user account.

2.3 In order to use our platform, you must have full legal capacity or act with the consent of your legal representative.

2.4 Our webshop will guide you through the order process until you finalise your purchase. Once you have selected the desired product, you can add it to the shopping basket ("ADD TO CART"). You can view the content of the shopping basket at any time by clicking on the button for the shopping basket ("VIEW CART"). You can remove any product placed in the shopping basket by clicking on "REMOVE". If you want to buy the products in the shopping basket, click on the "CHECKOUT" button.

Please enter the desired delivery address (and the billing address if different). You must also provide us with a valid e-mail address that you are authorised to use.

After entering your details and selecting the payment method and delivery method, you will be taken to the order summary where you can check your order. You can correct any entries by pressing the back button. The order process can be cancelled at any time by closing the browser.

By clicking on the button "BUY NOW " you submit a binding offer to conclude a purchase contract with us.

2.5 We will confirm receipt of your offer by sending an automatically generated e-mail to the address you have provided ("order receipt"). This e-mail does not constitute acceptance of your offer. Please check the order details in the order confirmation. If you find an error or change your mind about the order, please let us know as soon as possible.

2.6 We can accept your offer by confirming the purchase in a further e-mail ("order confirmation") or by sending you the purchased goods.

3 Delivery terms and delivery periods

3.1 Our offers are open to all customers with a place of residence or registered office in a member state of the European Union and Switzerland. We currently only offer delivery of goods to customers in Austria and the other countries listed on the subpage "Shipping costs and delivery conditions". Customers from other countries can collect the goods from us or organise the transport themselves.

3.2 The delivery times stated in the webshop on the subpage "Shipping costs and delivery conditions" apply. These are the expected delivery times. If there are deviating delivery times for a particular product, these are listed directly on the product page.

3.3 We are entitled to fulfil the order in partial deliveries even without a corresponding request from the customer. In this case, we shall bear all additional shipping costs incurred as a result.

3.4 If we are prevented from meeting the delivery times due to force majeure (e.g. strike, natural disasters) or other circumstances for which we are not responsible, we will inform you of this as soon as possible. The delivery time shall be extended by the duration of these events.

3.5 Please check the goods for damage immediately upon receipt and inform us as soon as possible at the e-mail address hello@anteup.at in the event of a complaint. Please send us as detailed a description and photos of the fault or damage as possible.

4 Prices, shipping costs, terms of payment

4.1 The prices shown in the order summary apply. These prices include VAT, shipping, packaging and transport insurance.

4.2 You can choose from all payment methods displayed in the webshop.  

4.3 You agree to receive the invoices as printable and storable files at the e-mail address you have provided.

5. Title Retention

All goods shipped by us remain our property until full payment.

6. Right of Withdrawal or Cancellation (hereinafter uniformly referred to as "right of withdrawal")

You have the right to withdraw your order or an already concluded contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. If you have ordered multiple goods in one order and these goods are delivered separately, the withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. In case we have not fulfilled our obligation to inform you about the existence of the right of withdrawal (the conditions, the deadlines and the procedure for exercising this right), the withdrawal period shall be extended by twelve months. If we fail to provide you with the information within twelve months after your taking possession of the goods, or in the case of separate delivery of the last goods, the withdrawal period shall end 14 days after the date on which you receive this information.

To exercise the right of withdrawal, you must inform us 

Unterburg Stonawski ante up GmbH

Kellermanngasse 3/2/7

1070 Vienna

Austria

E-mail: hello@anteup.at

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. 

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from 

the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You shall send back the goods or hand them over to 

Unterburg Stonawski ante up GmbH

Kellermanngasse 3/2/7

1070 Vienna

Austria

without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. The costs depend on the dimension and weight of the shipment. They are estimated with the amount listed on the subpage "SHIPPING".

For goods that cannot be returned normally by mail due to their nature, the following applies: We will pick up the goods from you. You bear the direct costs of returning the goods. The costs depend on the dimension and weight of the shipment. They are estimated with the amount listed on the subpage "SHIPPING".

If possible, please return the goods in their original packaging or pack them in such a way that damage in transit can be excluded as far as possible. Please note the terms and conditions of your chosen carrier for the carriage of fragile goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

You have no right of withdrawal for contracts for goods that are made to customer specifications or clearly tailored to personal needs.

8. Warranty and liability

8.1 The warranty shall be governed by the statutory provisions.

8.2 We shall only be liable for damages that we or our vicarious agents have caused to you intentionally or through gross negligence. This does not apply to liability for personal injury and claims under the Product Liability Act.

8.3 Please familiarise yourself with all product-specific instructions for use and cleaning that we provide on the product page and/or together with the delivery. We are not liable for any disadvantages or damage resulting from disregarding these instructions, unless this is due to incorrect instructions. 

9. Offset of claims

9.1 You may only offset claims of Unterburg Stonawski ante up GmbH with your own claims that are legally related to your liability, that have been established by a court or recognised by us, or in the event of our insolvency. If you are an entrepreneur within the meaning of the Austrian Consumer Protection Act (KSchG), the following shall apply by way of derogation: offsetting against your own claims is excluded.

10. Final provisions

10.1 The place of fulfilment is the registered office of Unterburg Stonawski ante up GmbH.

10.2 Any contract concluded in our online shop shall be governed exclusively by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods and the international conflict of law rules.

10.3 The contract language is German. Versions of these terms and conditions in other languages are for guidance only. Only the German version is authoritative.

10.4 The text of the contract is not saved. We recommend that you archive our order confirmation and the terms and conditions enclosed as an attachment.

10.5 The consumer arbitration bodies responsible for transactions conducted via our webshop platform are:

Internet Ombudsman

c/o Austrian Institute for Applied Telecommunications (ÖIAT)

Ungargasse 64-66/3/404

1030 Vienna

Phone: +43 1 595 211 275

Fax: +43 1 595 21 12 99

E-mail: kontakt@ombudsmann.at

Association "Arbitration for consumer transactions"

Mariahilfer Straße 103/1/18, 1060 Vienna

Tel.: +43 (0)1 890 63 11

Fax: +43 (0)1 890 63 11 99

office@verbraucherschlichtung.at

We decide on a case-by-case basis whether we will participate in a dispute resolution procedure.

10.6 The European Commission has set up a platform for online dispute resolution for consumers, which can be found at https://ec.europa.eu/odr.

10.7 Any disputes arising from this agreement, including the question of its effective conclusion and its termination, shall be subject to the exclusive jurisdiction of the competent court at the registered office of Unterburg Stonawski ante up GmbH. If you are a consumer within the meaning of the Consumer Protection Act (KSchG) and have your domicile or habitual residence in Austria or are employed in Austria, you may, in derogation thereof, only be sued before those courts in whose jurisdiction your domicile, habitual residence or place of employment is located.