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AGB

Terms and Conditions of the Nebelkind / MS SPIRIT HANDELS GmbH & Co. KG

 

Scope of Application

  1. a) For the business relationship between the provider (Nebelkind brand, company MS SPIRIT HANDELS Co. KG "Seller") and the customer (hereinafter "Buyer") via this online shop, the following General Terms and Conditions exclusively apply in their valid version at the time of ordering. Deviating conditions of the buyer are not recognized unless the seller expressly agrees to their validity in writing.
  2. b) The identity of the seller:

MS SPIRIT HANDELS GmbH & CO KG

Liechtensteinstraße 130/2

1090 Vienna

 

Commercial Register Number (FN): FN 517945 i

Commercial Court: Commercial Court VIENNA

VAT ID Number: ATU75184514

Managing Directors:

Stefan Hunoldt, Michael Hunoldt & Benedikt Kragora

 

Conclusion of Contract

  1. a) The assortment displayed in the seller's online shop does not constitute a binding offer by the seller, but serves as an invitation to the buyer to submit a binding offer.

 

  1. b) The buyer can select products from the range of the online shop and collect them in a virtual shopping cart by clicking on a button labeled "Add to Cart." At any time, the buyer can view the contents of the shopping cart by clicking the "Shopping Cart" button and can change the contents of the cart by using the provided functions to remove ("Cross symbol"), add (button "Continue Shopping"), edit (button "Edit"), or adjust (selection field "Quantity") items. After clicking the "Proceed to Checkout" button, the customer has the option to enter or select their billing address, delivery address, payment method, and delivery method. These data can be viewed on a summary page and can be adjusted by using the "Change" function or the provided selection options. Here, too, the customer can view the selected items and change them by using the provided functions to remove or adjust items. By clicking the "Buy Now" button, the customer submits a binding offer to purchase the items in the shopping cart.

 

  1. c) The seller will promptly confirm receipt of the offer to the buyer by means of an automatic acknowledgment of receipt via email, which will list the buyer's order again and can be printed by the customer using the printing function provided by their device.
  2. d) The seller accepts the buyer's offer by sending this acknowledgment of receipt.

 

  1. e) The contract language is English.

 

  1. f) The seller stores the contract text and sends it to the buyer in text form after sending their order, along with these Terms and Conditions and the cancellation policy. Additionally, the contract text is archived on the seller's website and can be accessed by the buyer via their password-protected customer account, provided that the customer has created a customer account on the seller's online shop before sending their order.

 

Retention of Title

  1. a) If the buyer is a consumer, the seller reserves ownership of the delivered goods until full payment of the purchase price owed.

 

  1. b) If the buyer is a business entity, the seller reserves ownership of the delivered goods until full settlement of all claims from an ongoing business relationship.

 

Prices and Costs

  1. a) All prices stated on the seller's website are total prices including the respective applicable statutory value-added tax.

 

  1. b) Any additional delivery and shipping costs that may be incurred are separately indicated in the respective product description and in the order form and are to be borne by the buyer, unless the buyer is a consumer exercising their right of withdrawal.

 

  1. c) If the seller delivers to countries outside the European Union, additional costs may arise in individual cases, which are to be borne by the customer. These include, for example, costs of money transactions (e.g., transfer fees, costs for foreign exchange) or customs duties or taxes (e.g., customs duties and import turnover tax).

 

  1. d) The due date of the purchase price depends on the payment method offered by the seller and selected by the customer. In principle, payment is due immediately after conclusion of the contract. If the seller offers the payment method "Cash on Delivery" and the customer selects it, payment is due upon delivery of the goods. If the seller offers the payment method "Invoice" and the customer selects it, the purchase price must be paid within ten days of receipt of the invoice and delivery of the goods without deduction, unless otherwise agreed.

 

Payment

  1. a) The available payment method is displayed to the customer in the seller's online shop.
  2. b) The customer is aware that the selection of the offered payment service provider involves services provided by third parties. The customer agrees that the transaction is carried out by third parties. If the customer does not wish this, they can alternatively make payment for the order in advance. The seller's bank details are:

MS SPIRIT HANDELS GmbH & Co. KG

AT863200000012221214

The customer is required to specify the order number as the payment reference.

 

Delivery, Availability, Returns

  1. a) The goods are shipped by postal or parcel service, unless otherwise agreed.

 

  1. b) If the buyer is a consumer, the provider bears the risk of shipping. This does not apply if the buyer is a business entity.

 

  1. c) The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the non-delivery is not the fault of the seller and if the seller has concluded a specific covering transaction with the supplier. In the event of non-availability or only partial availability of the goods, the buyer will be informed immediately, and any consideration already provided will be refunded promptly.
  2. d) The customer has been made aware of the valid cancellation policy during the purchase and has agreed to it.

 

Warranty

The seller is liable for defects in the goods in accordance with the applicable statutory provisions.

 

  1. a) Claims of the buyer for damages exist only according to the following provisions and are otherwise excluded.

 

  1. b) The seller is liable without limitation for damages claims of the buyer in cases of intent or gross negligence, in the event of injury to life, body, or health, as well as due to a warranty promise, unless otherwise regulated in this regard.

 

  1. c) In the event of a breach of essential contractual obligations, the seller is only liable for the foreseeable, typical damage if it was caused simply negligently, unless it is liable without limitation according to the above paragraph. Essential contractual obligations are obligations that the contract imposes on the seller according to its content in order to achieve the purpose of the contract, whose fulfillment is essential for the proper execution of the contract and on whose compliance the buyer regularly relies.

 

  1. d) The limitations of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the seller if claims are asserted directly against them.

 

  1. e) Mandatory statutory provisions, such as those of the Product Liability Act, remain unaffected.

 

Final Provisions

  1. a) Contracts between the seller and the buyer are subject to the law of the Republic of Austria, excluding the UN Sales Convention. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.

 

  1. b) If the buyer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the buyer and the seller is the seller's place of business. Vienna is agreed upon as the place of jurisdiction.