Terms and conditions

General Terms and Conditions with Customer Information

Table of Contents

  • Scope of Application

  • Conclusion of Contract

  • Right of Withdrawal

  • Prices and Payment Conditions

  • Delivery and Shipping Conditions

  • Contract Duration and Termination for Subscription Contracts

  • Retention of Title

  • Liability for Defects (Warranty)

  • Applicable Law

  • Alternative Dispute Resolution

1. Scope of Application

1.1 These General Terms and Conditions (hereinafter “GTC”) of Adrian Sparber, trading under “Napcozy” (hereinafter “Seller”), apply to all contracts concluded between a consumer or entrepreneur (hereinafter “Customer”) and the Seller regarding the goods and/or services presented by the Seller in their online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither attributable to their commercial nor to their self-employed professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a legally capable partnership who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

1.4 The subject matter of the contract may—depending on the Seller’s product description—be either the purchase of goods by way of a one-time delivery or the purchase of goods by way of continuous delivery (hereinafter “subscription contract”). In the case of a subscription contract, the Seller undertakes to deliver the contractually owed goods to the Customer for the duration of the agreed contract term at the contractually agreed intervals.

2. Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. By placing the selected goods and/or services in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods and/or services contained in the shopping cart by clicking the button that completes the order process labeled “order with obligation to pay.”

2.3 The Seller may accept the Customer’s offer within five days

  • by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the Customer is decisive, or

  • by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or

  • by requesting payment from the Customer after the order has been placed.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day following the dispatch of the offer by the Customer and ends at the expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer’s offer within this period, this shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), subject to the PayPal User Agreement, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or—if the Customer does not have a PayPal account—subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a PayPal payment method selectable during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer clicks the button completing the order process.

2.5 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller and sent to the Customer in text form (e.g., email, fax, or letter) together with these GTC after the order has been sent. However, the Customer can no longer retrieve the contract text via the Seller’s website after submitting the order.

2.6 Before submitting a binding order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognizing input errors may be the browser’s zoom function, which enlarges the display on the screen. The Customer may correct their entries during the electronic ordering process using the usual keyboard and mouse functions until clicking the button that completes the order process.

2.7 The German language is available for the conclusion of the contract.

2.8 Order processing and contact generally take place by email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered.

 

3. Right of Withdrawal

3.1 Further information on the right of withdrawal can be found in the Seller’s withdrawal policy.

4. Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices including statutory VAT. Any additional delivery and shipping costs incurred are stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases that are not the responsibility of the Seller and are to be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in connection with money transfers if the delivery does not take place to a country outside the European Union but the Customer makes the payment from a country outside the European Union.

4.3 Various payment options are available to the Customer and are specified at the beginning of the ordering process in the Seller’s online shop.

4.4 If advance payment has been agreed, payment is due immediately upon conclusion of the contract.

4.5 If a payment method offered via the “Shopify Payments” payment service is selected, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (“Stripe”). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller’s online shop. Stripe may use the services of other payment service providers to process payments, for which special payment conditions may apply, of which the Customer may be informed separately. Further information on “Shopify Payments” can be found at https://www.shopify.com/legal/terms-payments-de.

4.6 If a payment method offered via the “VR Payment” payment service is selected, payment processing is carried out via the payment service provider VR Payment GmbH, Saonestraße 3a, 60528 Frankfurt am Main, Germany (“VR Payment”). The individual payment methods offered via VR Payment are communicated to the Customer in the Seller’s online shop. VR Payment may use the services of third-party payment service providers to process payments, for which special payment conditions may apply, of which the Customer may be informed separately. Further information on “VR Payment” can be found at https://www.vr-payment.de/onlinehandel#article-878

 

5. Delivery and Shipping Conditions

5.1 Goods are delivered by shipment to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing is decisive.

5.2 If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer bears the costs of the unsuccessful shipment. This does not apply if the Customer is not responsible for the circumstance that led to the impossibility of delivery or if the Customer was temporarily prevented from accepting the offered service, unless the Seller had announced the service to them a reasonable time in advance. Furthermore, with regard to the costs of the outward shipment, this does not apply if the Customer effectively exercises their right of withdrawal. In the event of an effective exercise of the right of withdrawal by the Customer, the provisions made in the Seller’s withdrawal policy regarding return costs apply.

5.3 Self-collection is not possible for logistical reasons.

6. Contract Duration and Termination for Subscription Contracts

6.1 The right to extraordinary termination for good cause remains unaffected. Good cause exists if, taking into account all circumstances of the individual case and weighing the interests of both parties, continuation of the contractual relationship until the agreed termination or until the expiry of a notice period cannot reasonably be expected of the terminating party.

6.2 Terminations may be made in writing, in text form (e.g., by email), or electronically via the termination facility (termination button) provided by the Seller on their website.

7. Retention of Title

If the Seller makes advance performance, they retain ownership of the delivered goods until full payment of the owed purchase price and all associated costs and expenses has been made.

8. Liability for Defects (Warranty)

Unless otherwise stated in the following provisions, the statutory provisions on liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:

8.1 If the Customer acts as an entrepreneur,

  • the Seller has the choice of the type of subsequent performance;

  • for new goods, the limitation period for defects is one year from delivery of the goods;

  • for used goods, rights and claims due to defects are excluded;

  • the limitation period does not begin anew if a replacement delivery is made as part of liability for defects.

8.2 The liability limitations and reductions of time limits set out above do not apply

  • to claims for damages and reimbursement of expenses by the Customer,

  • if the Seller has fraudulently concealed the defect,

  • to goods that have been used for a building in accordance with their usual use and have caused its defectiveness,

  • to any obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

8.3 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

8.4 If the contract is a transaction related to a business for both parties within the meaning of Section 343 (2) AT-UGB, the Customer is subject to the commercial duty of inspection and notification of defects pursuant to Section 377 AT-UGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

8.5 If the Customer acts as a consumer, they are requested to report delivered goods with obvious transport damage to the carrier and to inform the Seller thereof. Failure to do so has no effect on the Customer’s statutory or contractual claims for defects.

9. Applicable Law

All legal relationships between the parties are governed by the law of the Republic of Austria, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.