Terms of Service
§1 General, Scope
1. These General Terms and Conditions (hereinafter referred to as “Terms and Conditions”) apply to all business relationships between INDIKO OG (hereinafter referred to as the “Provider”) and its customer in the respective version valid at the time the contract was concluded. By placing the order, the customer agrees to these terms and conditions and is bound to them.
2. Deviating general terms and conditions of the customer are rejected.
3. If individual provisions of these Terms and Conditions should be wholly or partially ineffective due to mandatory statutory provisions (in particular the Consumer Protection Act = KSchG), the remaining provisions of these Terms and Conditions shall remain in effect.
4. As customers according to §1 (1) both consumers and entrepreneurs are considered. A consumer is any natural person in whom the purpose of the order can not be attributed to a commercial, self-employed or freelance activity. On the other hand, an entrepreneur is a natural or legal person or partnership with legal capacity, who orders for commercial, independent or freelance purposes.
§2 Contract conclusion
1. The purchase contract is concluded with Indiko OG.
2. The presentation of the products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalog.
3. We reserve the right to change the respective service offer at any time.
4. Customers can put our products into the shopping cart without obligation and, if applicable, remove them again. By clicking on the ” Continue to checkout ” button, the customer arrives at the check out page, where he enters all the data relevant to shipping and invoicing and selects the desired method of payment. By clicking on the ‘Buy Now’ button the order process will be completed and the order will be sent to the seller. Confirmation of receipt of your order will be made by e-mail immediately after sending the order.
5. Submitting the order in the online shop is a binding offer directed to the conclusion of a purchase contract for the goods in the shopping cart at the time of submitting the order to the provider. By submitting the order, the customer also recognizes these terms and conditions as the legal relationship with the provider alone.
6. The receipt of the customer’s order is confirmed by sending a confirmation e-mail from the provider. This order confirmation serves merely to inform the customer that the provider has received the order and is therefore not an acceptance of the contract offer by the provider.
7. The declaration of acceptance of the contract offer is made within four days by the delivery of the goods or an express declaration of acceptance.
8. Contrary to § 2 (7), the purchase order confirmation at the same time represents the acceptance of the contract offer when purchasing in advance.
1. The prices listed at the time of order apply to the customer’s order. All prices quoted are gross prices and include the legal value added tax of Austria. The gross price does not include the shipping costs. These will be charged additionally. Additional costs will be charged separately.
§4 Terms of payment
1.The following payment methods are available in our shop:
• Sofort Überweisung
• Credit Card (MasterCard, Visa, American Express)
• Bank transfer (prepayment)
2. Sofort Überweisung
After placing the order you will be redirected to the website of the online provider SOFORT Überweisung. In order to be able to pay the invoice amount via SOFORT Überweisung, you must have an online banking account with PIN / TAN procedure activated for participation in SOFORT Überweisung, have a legitimacy and confirm the payment order to us. You’ll get more information during the ordering process. The payment transaction will be carried out immediately after that by SOFORT Überweisung and your account will be debited.
3. Credit card
By submitting the order, you also transmit your credit card information to us at the same time. After your legitimacy as a legitimate cardholder, we request your credit card issuer immediately after the order to initiate the payment transaction. The payment transaction is automatically performed by the credit card company and charged to your card.
n the order process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately thereafter. You’ll get more information during the ordering process
§5 Delivery conditions
1. In addition to the stated product prices shipping costs are added. You can find out more about the amount of shipping costs in the offers.
2. We only deliver in transit. Unfortunately, a self collection of the product is not possible.
3. The provider is entitled to partial deliveries and partial services. The resulting costs will be borne by the provider.
4. Shipping within Austria is handled by the logistics company DPD. The provider sends the goods on weekdays during opening hours.
5. In the payment method prepayment, the delivery takes place after receipt of payment on the account of the provider. For all other payment methods, the order leaves our warehouse no later than the following working day.
6. If the goods are not accepted by the customer, the supplier can sell the goods to a third party after a period of two weeks and hold the original customer liable for any loss incurred.
7. Should the goods not be deliverable due to force majeure or product adjustment or the supplier can not procure the ordered products under reasonable conditions and should these circumstances occur only after the conclusion of the contract and not be the responsibility of the provider, the supplier is released from the obligation to deliver , If events that make the delivery significantly more difficult or impossible for the supplier – such as a strike, lock-out, official orders or the like – the provider is not responsible for delays, even with binding deadlines and deadlines.
8. If you make use of your right of withdrawal, you bear the direct costs of returning the goods.
§6 Transfer of risk
1. For customers, the risk of an unpredictable loss and accidental deterioration of the ordered goods passes with the transfer of the same to the customer or a recipient determined by him. This applies regardless of whether the shipment is insured or not. In other cases, the risk of an unpredictable loss and accidental deterioration of the ordered goods with the handover, on sale with the delivery of the goods to the freight forwarder or the person or institution otherwise intended to carry out the shipment to the buyer.
§7 Retention of title
1. For consumers, we reserve the ownership of the purchased item until full payment of the invoice amount. Are you an entrepreneur in the exercise of your commercial or self-employed professional activity, a legal entity under public law or special fund under public law, we reserve the ownership of the purchased goods until settlement of all outstanding claims arising from the business relationship with the purchaser. The corresponding security rights are transferable to third parties.
§8 Due date
1. The payment of the purchase price is due upon conclusion of the contract.
1. The statutory warranty rules apply. Information on additional warranties that may apply and their exact conditions can be found in the product and on special information pages in the shop.
2. The legal liability for defects applies to all our products.
1. Unless otherwise defined or determined below, claims for damages of the customer are excluded. If the customer asserts claims against legal representatives and vicarious agents of the provider, the above disclaimer of liability also applies in favor of these representatives and vicarious agents.
2. Excluded from §10 (1) are claims for damages due to:
• In case of injury to life, body or health
• With guarantee promise, as far as agreed
• In case of intentional or grossly negligent breach of duty
• In case of violation of essential contractual obligations
Significant contractual obligations include those whose fulfillment is necessary to achieve the objective of the contract. As an example, the material and legal defects free transfer of the thing from the provider to the customer and procuring the ownership of it can be used.
§11 Choice of Law & Jurisdiction
1. The law of the Federal Republic of Austria applies to the contractual relations between the supplier and the customer. Excluded from this choice of law are the mandatory consumer protection regulations of the country in which the customer has his habitual residence. The application of the UN Sales Convention is excluded.
2. Jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the domicile of the provider, if the customer is a merchant, a legal entity under public law or a special fund under public law.
§12 Cancellation policy
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, has or has taken possession of the last goods.
To excercise your right of withdrawal, you must inform us:
4774 St.Marienkirchen, Austria
by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of the withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including the delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
§13 Sample cancellation formular
If you want to cancel the purchase contract, please fill out this form and send it back either by mail or mail.
4774 St.Marienkirchen, Austria
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
– Ordered on (*) / received on (*)______________________________
– Name of the consumer (s):______________________________
– address of the consumer (s):
First and Last Name:_____________________________
Street, house number:______________________________
Postcode, City: ______________________________
– Signature of the consumer (s):
Date: ___________________ Signatur: _______________________________
(*) Delete as appropriate.
1. The customer is obliged to inform us of any changes in his name, address or change of domicile immediately in writing. If the customer does not do so, he will be liable for damages and any written notification and delivery made to the last known address to the customer shall be deemed sufficient to meet the requirements of effective delivery.
§16 Severability clause
1. . Should any provision of these terms and conditions be ineffective, this shall not affect the validity of the remaining provisions.
4774 St. Marienkirchen
ou can reach our customer service from MO to FR by email at email@example.com or by phone via our hotline +43 6805001930 from Monday to Friday from 09:00 to 16:00.
Stand Februar 2018
Alternative dispute resolution pursuant to Art. 14 para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS) available at https://ec.europa.eu/consumers/odr/. We are not obligated and unwilling to participate in a dispute settlement procedure before a consumer arbitration board.