General Terms and Conditions
ELEPHANTS JUMP GmbH
General Terms and Conditions (AGB) for the online trade with accessories of the company
ELEPHANTS JUMP GmbH
Tuchlauben 7A
Status November 2020
1. Validity
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") apply to all purchase contracts concluded between
ELEPHANTS JUMP GmbH as the seller and its customers (hereinafter referred to as "the buyer") via the online store (www.onetwohold.com) operated by ELEPHANTS JUMP GmbH.
1.2 These AGBs regulate the process of ordering the products offered by
ELEPHANTS JUMP GmbH about their online store offered goods and the resulting rights and obligations of ELEPHANTS JUMP GmbH of the buyer.
1.3 With the first order placed with the ELEPHANTS JUMP GmbH online store the Buyer acknowledges the validity of these General Terms and Conditions.
1.4 Departure from the GTC is only effective if this has been agreed in writing beforehand with an authorized representative of ELEPHANTS JUMP GmbH.
1.5 ELEPHANTS JUMP GmbH ensures that its General Terms and Conditions are available for review and download in the currently valid version on its homepage at www.onetwohold.com. Verbal collateral agreements between ELEPHANTS JUMP GmbH and the buyers are invalid.
2. Offers, conclusion of contract
2.1 ELEPHANTS JUMP GmbH offers various lifestyle articles and accessories for purchase to the orderers through its online store.
2.2 The presentation of the goods in the ELEPHANTS JUMP GmbH online store does not constitute a binding offer. It is merely an invitation to the Buyer to submit an offer.
2.3 The order placed by a customer is an offer to ELEPHANTS JUMP GmbH to conclude a purchase contract for the goods in the shopping basket.
2.4 After receipt of the order in the ELEPHANTS JUMP GmbH online store the Buyer receives a confirmation e-mail confirming receipt of his order at ELEPHANTS JUMP GmbH and in particular the essential data of the order, such as invoice and delivery address, number and unit price of the ordered goods, the total price and the date and time of the order ("Order confirmation").
2.5 The presentation of the products in the ELEPHANTS JUMP GmbH online store does not constitute a legally binding offer, but a non-binding online catalog. By clicking the "Send Order" button, you place a binding order for the goods contained in the shopping cart. Confirmation of receipt of your order is sent together with acceptance of the order immediately after sending by an automated e-mail. With this eMail confirmation the contract of sale is concluded.
2.6 It is at the sole discretion of ELEPHANTS JUMP GmbH to accept the buyer's offer or to reject it by sending a corresponding declaration to the buyer by e-mail or by post to his address. This applies in particular but not exclusively in the case of possible errors or technical faults in the online store in connection with the pricing and/or the description of characteristics of the goods offered in the online store. Liability for such errors on the part of ELEPHANTS JUMP GmbH is hereby excluded.
2.7 No valid purchase contract is concluded for products that are included in the order of the buyer but do not appear in the order confirmation.
3. Prices
3.1 The prices for goods offered in the ELEPHANTS JUMP GmbH online store are those prices that are advertised for these goods at the time of the order. All prices are total prices and include all taxes including VAT and duties but excluding shipping costs.
3.2 The prices of the goods listed in the order confirmation are decisive for the customer plus the costs for shipping and handling which are shown separately.
4. Payment
4.1 The customer can pay the purchase price stated in the order confirmation either by PayPal (www.paypal.com), by credit card or by IMMEDIATELY bank transfer. The choice of payment method is made by the customer at the time of placing his order.
5. Reservation of proprietary rights
5.1 The goods remain the property of ELEPHANTS JUMP GmbH until full payment has been received.
5.2 In the event of the customer's delay in payment we are entitled to assert our rights from the reservation of title. It is agreed that assertion of the reservation of title does not constitute withdrawal from the contract, unless ELEPHANTS JUMP GmbH expressly declares withdrawal from the contract.
6. Right of rescission (right of withdrawal)
6.1 Customers who are to be regarded as consumers within the meaning of the Consumer Protection Act may withdraw from contracts concluded using one or more means of remote communication (e.g. e-mail, fax, telephone, online store) without giving reasons within 14 days of delivery of the goods. The declaration of withdrawal is not bound to any particular form. You can use the attached sample withdrawal form, which is not mandatory. The period of withdrawal is deemed to have been observed if the declaration of withdrawal is sent within the period. However, there is no right of withdrawal under consumer protection law for the following contracts (§ 18 FAGG): - Goods or services whose price depends on fluctuations in the financial market, over which the entrepreneur has no influence and which may occur within the withdrawal period, - goods which are manufactured according to customer specifications or are clearly tailored to personal needs, - goods which may spoil quickly or whose expiration date would be exceeded quickly, - goods which are delivered sealed and are not suitable for return for reasons of health protection or for reasons of hygiene if their seal has been removed after delivery, - goods, which, after delivery, have been inseparably mixed with other goods because of their nature, - alcoholic beverages whose price was agreed upon at the time of conclusion of the contract but which cannot be delivered earlier than 30 days after conclusion of the contract and whose current value depends on fluctuations in the market over which the trader has no control, - sound or video recordings or computer software delivered in a sealed package, provided that the seal has been removed after delivery, - newspapers, periodicals or magazines, with the exception of subscription contracts for the delivery of such publications.
6.2 If a consumer withdraws from the contract, the consumer is obliged to return the goods received step by step. If the goods have been used by the consumer, we shall be paid a reasonable remuneration for the use, including compensation for any associated reduction in the fair market value of the product, whereby the mere acceptance of the product by the consumer does not constitute a reduction in value. The consumer is expressly obliged to bear the costs and shipping charges associated with the return of the goods. The return of the goods must be made to:
Company
ELEPHANTS JUMP GmbH
Tuchlauben 7A
1010 Wien | Austria
7. Delivery and service deadlines
7.1 The delivery time stated on the order page of the ELEPHANTS JUMP GmbH online store and in the order confirmation is not binding unless otherwise agreed betweenELEPHANTS JUMP GmbH and the customer.
7.2 Deadlines and dates are postponed in the event of force majeure, strike, unforeseeable delay by suppliers not caused by ELEPHANTS JUMP GmbH or other comparable events beyond the control of ELEPHANTS JUMP GmbH during the period in which the relevant event continues.
7.3 ELEPHANTS JUMP GmbH will make every effort to send the goods ordered by the Buyer in a single delivery to the Buyer. If this is not possible due to (i) delays in delivery by the producers and/or importers of the goods in question or (ii) the quantity ordered, ELEPHANTS JUMP GmbH is entitled, without prior consultation with the Buyer, to send the ordered goods to the Buyer in several partial deliveries in the interest of the Buyer. The additional costs in this respect will be charged separately to the buyer.
7.4 ELEPHANTS JUMP GmbH must execute the orders placed by the Buyer within 30 working days after the day following the transmission of the orders by the Buyer. If execution within this period is not possible, the customer is entitled to withdraw from the purchase contract by setting a reasonable period of grace.
8. Shipping costs
8.1 The shipping costs for normal shipping within Austria differ depending on the total price of the ordered goods. The shipping costs associated with the dispatch of the goods are shown separately on the order homepage of ELEPHANTS JUMP GmbH.
8.2 We do not deliver to packing stations or post boxes.
8.3 In the case of shipment to Switzerland, 2-3 working days must be added to the normal delivery times, as it may take longer due to customs. ELEPHANTS JUMP GmbH as shipper pays only freight and export customs clearance - all other costs are paid by the recipient upon receipt of the goods.
9. Default of acceptance
9.1 If the customer is in default of acceptance, we shall be entitled to store the goods on our premises, for which we shall charge a storage fee of 5% of the gross value of the goods per calendar day or part thereof. At the same time, ELEPHANTS JUMP GmbH remains entitled to insist on fulfillment of the contract.
10. Warranty / compensation
10.1 The provisions on the statutory warranty shall apply.
10.2 ELEPHANTS JUMP GmbH is liable for the damage caused by it and/or its employees only in case of intent or gross negligence. Liability for slight negligence is excluded in accordance with § 6 para. 1 no. 9 KSchG.
11. Set-off
11.1 The Buyer can only offset claims of ELEPHANTS JUMP GmbH against claims of ELEPHANTS JUMP GmbH if the counterclaim of the Buyer results from a contractual relationship with ELEPHANTS JUMP GmbH.
11.2 In addition, the Buyer is only entitled to set off counterclaims against ELEPHANTS JUMP GmbH if these have been established by a court or recognized by ELEPHANTS JUMP GmbH.
12. Consent to the use of data
12.1 The customer hereby expressly agrees that we may electronically store and process the personal data provided by the customer during registration or the ordering process (such as, in particular, name, residential address, telephone number, e-mail address, bank account details, etc.) for the purposes of shipping, accounting, dunning, customer service, consulting, as well as for the purposes of market observation and the optimization of the sales system and advertising measures and for the customer file, and that we may pass this data on to the logistics partner entrusted with delivery.
12.2 In principle, the Customer is entitled to the rights of information, correction, deletion, restriction, data transferability, revocation and objection. If you believe that the processing of your data violates data protection law or your data protection rights have otherwise been violated in any way, you can complain to the supervisory authority. In Austria this is the data protection authority.
13. Final provisions
13.1 Should individual parts of these GTC be invalid, the validity of the remaining parts shall not be affected.
13.2 Austrian law is applicable to all legal relationships resulting from the use of the services offered by ELEPHANTS JUMP GmbH. For legal disputes with consumers within the meaning of the Consumer Protection Act, who have their residence or habitual abode in Austria or are employed in Austria, the statutory places of jurisdiction apply.
