Terms of service
RAYS OF MARCH
1. Validity of general terms and conditions (GTC)
1.1. Unless expressly agreed otherwise, our GTC, of which the contractual partner has been notified, shall apply.
1.2. Contractual performance on our part shall not be deemed to be consent to contractual terms and conditions deviating from our terms and conditions. If ambiguities nevertheless remain in the interpretation of the contract, these shall be eliminated in such a way that those contents shall be deemed agreed which are usually agreed in comparable cases.
2. Order and contract resolution
The presentation of the goods in the web store does not constitute a binding offer to conclude a purchase contract. The contractual partner is merely requested to submit an offer by placing an order.
The order is made in the following steps:
- Selection of the desired goods
- Entering the login data for registration in the web shop (first name, last name, street and house no., zip code, city, country, e-mail address), after the first registration only one login with e-mail address and password is required
- Display of pre-contractual information for consumers according to § 5a KSchG and § 4 FAGG
- Choice of shipping method and method of payment
- Checking the information in the shopping cart
- Confirmation by clicking the button "order subject to payment".
- Checking again and, if necessary, correcting the respective data entered.
- Binding dispatch of the order
- By submitting the order in the web store, the contractual partner makes a binding offer, directed towards the conclusion of a purchase contract for the goods contained in the shopping cart. By sending the order, the contractual partner acknowledges the pre-contractual information for consumers and these GTC as solely authoritative for the legal relationship with the entrepreneur.
We shall then confirm the receipt of the contracting party's order by sending a confirmation e-mail. This order confirmation does not yet represent the acceptance of the contractual offer. It merely serves to inform the contractual partner that we have received the order. The declaration of acceptance of the contractual offer shall be made by delivery of the goods or an express declaration of acceptance.
3. Prices
3.1. The prices are listed on the start page of the web shop under the respective articles. All prices quoted by the Entrepreneur are inclusive of VAT, unless otherwise expressly stated.
3.2. The sales prices of the Entrepreneur do not include shipping costs. Shipping is at the expense of the contractual partner.
4. Terms of payment, interest on arrears
4.1. The contracting party undertakes to pay the purchase price in full already upon conclusion of the contract.
4.2.Payment shall be made exclusively by prepayment (Sofortüberweisung) or by PayPal.
4.3. If the contracting party has chosen payment via PayPal, you pay directly via your PayPal account (General Terms and Conditions of PayPal: https://www.paypal.com/at/webapps/mpp/ua/legalhub-full). By actively selecting the redirection to PayPal, the Contractual Partner can release the order value. As soon as RAYS OF MARCH has been informed of the authorization, the shipment will take place. The PayPal account of the contracting party will be debited with the actual invoice amount immediately after the authorization has taken place.
4.4. If the contracting party has chosen payment in advance, he/she undertakes to pay the purchase price immediately after conclusion of the contract to the account of the web-shop with the account number IBAN: AT70 2011 1291 2251 9103, BIC: GIBAATWWXXX.
4.5. In the event of default in payment by the contractual partner, we shall be entitled to demand interest on arrears at the statutory rate. For consumers this is 4% p.a., for entrepreneurs 9.2% p.a. above the base interest rate.
5. Dunning and collection fees
In the event of default in payment, the contractual partner undertakes to reimburse us for any reminder and collection expenses incurred, insofar as they are necessary for appropriate legal prosecution. In the case of business transactions, this shall in any case include a lump sum of EUR 40, - as compensation for collection costs pursuant to § 458 of the Austrian Commercial Code (UGB). The assertion of further rights and claims remains unaffected.
6. Electronic invoicing
Our contractual partner agrees that invoices may also be created and transmitted to him electronically
7. Retention of Titel
All goods are delivered by us under the subject to retention of title and remain our property until full payment. The assertion of the retention of title shall only constitute a withdrawal from the contract if this is expressly declared. In the event of goods being taken back, we shall be entitled to charge any manipulation costs incurred. In the event of access by third parties to the goods subject to retention of title - through seizure - the contractual partner undertakes to draw attention to our right of ownership and to notify us immediately. If the contractual partner is a consumer or not an entrepreneur whose ordinary business operations include trading in the goods purchased from us, he may not dispose of the reserved goods, in particular sell, pledge, give away or lend them, until the outstanding purchase price claim has been settled in full. The contractual partner shall bear the full risk for the reserved goods, for the risk of destruction, loss or deterioration.
8. Shipping, delivery conditions
8.1. Shipping shall be at the expense of the contracting party.
8.2. The shipping costs in Austria are EUR 5.00 and to Germany EUR 15.00. The shipping costs are to be excluded according to the countries.
8.3. The Contractor delivers internationally.
8.4. The Contractor shall not be obliged to perform until the Customer has fulfilled all its obligations required for performance.
8.5. Unless otherwise specified in the order confirmation, the Entrepreneur shall ship the goods within 4-5 business days after receipt of payment.
8.6. The risk of transport shall pass to the contracting party as soon as the goods are delivered to it or to a third party designated by it and different from the carrier. If the contracting party has concluded the transport contract itself without making use of an offered selection option, the risk shall already pass upon delivery of the goods to the carrier or the contracting party.
9. Default of acceptance
If the contracting party has not accepted the goods as agreed (default in acceptance), we shall be entitled, after setting an unsuccessful grace period, either to store the goods on our premises, for which we may charge a storage fee of 0.1% of the gross invoice amount per calendar day or part thereof, or to store them at the expense and risk of the contracting party with an authorized tradesman. At the same time, we shall be entitled either to insist on performance of the contract or, after setting a reasonable period of grace of at least 2 weeks, to withdraw from the contract and to dispose of the goods elsewhere.
10. Right of withdrawal according to § 11 FAGG
10.1. The contracting party has the right of withdrawal as follows: You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. In the case of a contract for several goods ordered in a single order and delivered separately, from the day on which the contracting party or a third party named by him, who is not the carrier, has taken possession of the last goods. To exercise your right of withdrawal, you must inform us RAYS OF MARCH, Ferdinand Buchberger-Gasse 38/4, 2340 Mödling, Austria, hi@raysofmarch.com, by means of a clear declaration (e.g., a letter or e-mail sent by post) of your decision to withdraw from this contract. It is sufficient if the contractual partner has sent the declaration of withdrawal within the deadline.
10.2. If you withdraw from this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. In no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back. You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. In case of withdrawal, the goods must be returned complete and in their original packaging, in unused and newly resalable condition. Custom-made products are excluded from the right of return and the right of withdrawal. If articles are not complete, impaired by signs of use or damaged, the invoice amount to be refunded may be reduced or refused.
10.3. right of withdrawal does not apply to goods that are manufactured according to customer specifications, that are clearly tailored to personal needs, that are not suitable for return due to their nature, that can spoil quickly or whose expiration date has passed (§ 18 para. 1 FAGG).
11. Warranty
The statutory warranty provisions shall apply. Accordingly, you shall return the defective goods without delay and we shall be entitled to improve or exchange them. Only if the improvement or the exchange is impossible, would be associated with a disproportionately high effort for us or we cannot meet the exchange or improvement request or not within a reasonable period of time, you are entitled to demand a price reduction or rescission (complete cancellation of the contract). In the case of minor defects or possible deviations from the photo in shape and color, natural wood structures, etc., you have no right to rescission.
12. Compensation
All claims for damages shall be excluded in cases of slight negligence. This shall not apply to personal injury or - in the case of consumer transactions - to damage to items accepted for processing. The existence of slight or gross negligence shall be proven by the injured party unless it is a consumer transaction. The provisions on damages contained in these GTC or otherwise agreed shall also apply if the claim for damages is asserted in addition to or instead of a warranty claim.
13. Right of withdrawal of the entrepreneur, unjustified withdrawal of the customer
13.1. In the event of default in acceptance or other important reasons, such as default in payment by the contractual partner, we shall be entitled to withdraw from the contract, if it has not yet been fulfilled in full by both parties. In the event of withdrawal, we shall have the option, if the contractual partner is at fault, to demand a lump-sum compensation of 15% of the gross invoice amount or compensation for the actual damage incurred. In the event of default of payment by the contractual partner, we shall be released from all further performance and delivery obligations and shall be entitled to withhold any outstanding deliveries or services and to demand advance payments or securities or to withdraw from the contract after setting a reasonable grace period.
13.2. If the contracting party withdraws from the contract - without being entitled to do so - or if it requests its cancellation, we shall have the choice of insisting on the fulfilment of the contract or agreeing to the cancellation of the contract; in the latter case, the contracting party shall be obligated to pay, at our option, liquidated damages in the amount of 15% of the gross invoice amount or the actual damage incurred.
14. Right of retention
If the transaction is not a consumer transaction, the contracting party shall not be entitled to withhold the entire gross invoice amount, but only an appropriate part thereof, in the event of a justified complaint - except in cases of rescission.
15. Change of Address
The contracting party is obliged to notify us of any changes to its residential or business address if the legal transaction that is the subject of the contract has not been completely fulfilled by both parties. If the notification is omitted, declarations shall be deemed to have been received even if they are sent to the last address notified.
16. Copyright
Samples, catalogues, brochures, illustrations, and the like shall always remain our intellectual property; the contractual partner shall not be granted any rights of use or exploitation whatsoever.
17. Formal Requirements
All declarations of a legally binding nature (agreements, subsequent amendments, supplements, collateral agreements, etc.) based on this contract shall be made in writing to the address of the respective other contracting party last notified in writing. If a declaration is sent to the address last notified in writing, it shall be deemed to have been received by the respective contractual partner.
18.1. The place of performance shall be the registered office of the Contractor.
18.2. The contractual language is English.
18.3. The contracting parties agree on Austrian domestic jurisdiction. If the transaction is not a consumer transaction, the court with subject-matter jurisdiction at the registered office of the Entrepreneur shall have exclusive local jurisdiction to decide on all disputes arising from this contract.
18.4. This contract shall be governed by Austrian substantive law, excluding the conflict of laws rules of private international law (e.g. Rome I Convention, Rome I Regulation) and the UN Convention on Contracts for the International Sale of Goods. In relation to a consumer, this choice of law shall only apply insofar as no mandatory statutory provisions of the state in which he has his residence or habitual abode are restricted thereby.
The contracting party consents to receive messages for advertising purposes from the entrepreneur or from companies that have been commissioned by the entrepreneur to do so, in accordance with § 107 of the Telecommunications Act (TKG). This consent may be revoked by the Contractual Partner at any time at hi@raysofmarch.com.
20.1. Both we and the contractual partner are obliged to comply with the provisions of the Data Protection Act (DSG), the General Data Protection Regulation (DSGVO) as well as any other statutory confidentiality obligations.
20.2. We process the personal data required for the purpose of fulfilling the contract.
20.3. The contractual partner shall be obligated to take all necessary data protection measures, in particular those within the meaning of the GDPR (e.g. obtaining the declaration of consent of the data subjects), so that we may process the personal data for the purpose of the contractual relationship.
21. Final provisions
21.1. The designation of the headings chosen for the individual chapters is solely for the purpose of clarity and shall therefore not be used for the interpretation of this Agreement.
21.2. The assignment of individual rights and obligations under these GTC shall only be permitted with the express written consent of the other contracting party.
21.3. Should any provisions of this Agreement be legally ineffective, invalid and/or void or become so in the course of their duration, this shall not affect the legal effectiveness and validity of the remaining provisions. In this case, the contracting parties undertake to replace the legally ineffective, invalid and/or void (legally ineffective, invalid and/or void) provision with a provision that is legally effective and valid and corresponds in its economic effect to the replaced provision - as far as possible and legally permissible.