Terms of service

Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Terms of Payment
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Warranty)
Indemnification for Infringement of Third-Party Rights
Applicable Law
Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Black Ursus E-Commerce e.U., owner: Daniel Wimmer (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 its 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 enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity.

1.3 For the purposes of these Terms and Conditions, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the course of their commercial or independent professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve as an invitation to the customer to submit a binding offer.

2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods and/or services in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding offer to purchase the goods and/or services contained in the shopping cart by clicking the "Place order" button, which completes the order process.

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 the receipt of the order confirmation by the customer is decisive; or
by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive; or
by requesting payment from the customer after the customer has placed the order.

If several of the aforementioned alternatives apply, the contract is concluded at the point in time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.

2.4 When selecting a payment method offered by PayPal, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/legalhub/paypal/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/legalhub/paypal/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the moment the customer clicks the button that completes the order process.

Payment processing is subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/legalhub/paypal/privacywax-full. 2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller and sent to the customer in text form (e.g., email, fax, or letter) along with these Terms and Conditions after the order has been placed. In addition, the contract text is archived on the seller's website and can be accessed free of charge by the customer via their password-protected customer account using the corresponding login details, provided the customer created a customer account in the seller's online shop before submitting their order.

2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller and sent to the customer in text form (e.g., email, fax, or letter) along with these Terms and Conditions after the order has been placed. In addition, the contract text is archived on the seller's website and can be accessed free of charge by the customer via their password-protected customer account using the corresponding login details, provided the customer created a customer account in the seller's online shop before submitting their order.

2.6 Before submitting a binding order via the seller's online order form, the customer can identify any input errors by carefully reading the information displayed on the screen. A useful technical aid for better identifying input errors is the browser's zoom function, which enlarges the screen display. The customer can correct their entries during the electronic ordering process using standard keyboard and mouse functions until they click the button that completes the order.

2.7 The German language is available for concluding the contract.

2.8 Order processing and communication generally take place via 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 that address. In particular, if 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 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices, including statutory VAT. Any applicable delivery and shipping costs are listed separately in the respective product description.

4.2 The customer has various payment options available, which are displayed in the seller's online shop at the beginning of the ordering process.

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

4.4 If a payment method offered via the "Shopify Payments" service is selected, payment processing is handled by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify"). The individual payment methods offered via Shopify Payments are displayed to the customer in the seller's online shop. To process payments, Shopify may use additional payment services, which may be subject to separate terms and conditions. Customers will be notified of these terms separately. Further information on "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments/de.

4.5 When selecting a payment method offered via the "PayPal" payment service, payment processing is handled by PayPal, which may also utilize the services of third-party payment providers. If the seller also offers payment methods via PayPal where they provide services to the customer in advance (e.g., purchase on account or installment payment), they assign their payment claim to PayPal or to the payment service provider specifically designated by PayPal and named to the customer. Before accepting the seller's assignment, PayPal or the payment service provider commissioned by PayPal conducts a credit check using the transmitted customer data. The seller reserves the right to refuse the selected payment method to the customer in the event of a negative credit check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, payment can only be made to PayPal or the payment service provider commissioned by PayPal with legally binding effect. However, even in the event of assignment of receivables, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, notices of cancellation and returns, or credit notes.

5) Delivery and Shipping Terms

5.1 Unless otherwise agreed, goods will be delivered to the delivery address provided by the customer. The delivery address specified in the seller's order processing system is decisive for the transaction.

5.2 If the shipping company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs of the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstances that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the offered service, unless the seller had notified the customer of the service a reasonable time in advance. Furthermore, this does not apply to the initial shipping costs if the customer effectively exercises their right of withdrawal. For return shipping costs, the provisions set forth in the seller's cancellation policy apply if the customer effectively exercises their right of withdrawal.

5.2 If the customer effectively exercises their right of withdrawal, the return shipping costs are governed by the provisions set forth in the seller's cancellation policy.

5.3 Self-collection is not possible for logistical reasons.

6) Retention of Title

If the seller performs in advance, they retain title to the delivered goods until full payment of the purchase price owed and all associated costs and expenses has been received.

7) Liability for Defects (Warranty)

Unless otherwise stipulated in the following provisions, the statutory provisions regarding liability for defects apply. The following applies to contracts for the delivery of goods:

7.1 If the customer is acting as an entrepreneur,

the seller has the choice of the primary warranty remedy;

the limitation period for claims based on defects is one year from delivery of the goods for new goods;

claims based on defects are excluded for used goods;

the limitation period does not restart if a replacement delivery is made within the scope of liability for defects.

7.2 The aforementioned limitations of liability and reductions of time limits do not apply

to claims for damages and reimbursement of expenses by the customer,
in the event that the seller has fraudulently concealed the defect,
to goods that, according to their customary use, have been used for a building and have caused its defectiveness,
to any existing obligation of the seller to provide updates for digital products in the case of contracts for the supply of goods with digital elements.

7.3 Furthermore, for businesses, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 If the contract is a business transaction for both parties within the meaning of Section 343 Paragraph 2 of the Austrian Commercial Code (AT-UGB), the customer is subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 of the Austrian Commercial Code (AT-UGB). If the customer fails to comply with the notification obligations stipulated therein, the goods are deemed accepted.

7.5 If the customer is a consumer, they are requested to report any delivered goods with obvious transport damage to the delivery service and to inform the seller. Failure to do so will not affect their statutory or contractual warranty rights.

8) Indemnification for Infringement of Third-Party Rights

If, according to the contract, the seller is obligated not only to deliver the goods but also to process them according to specific instructions from the customer, the customer must ensure that the content provided to the seller for processing does not infringe the rights of third parties (e.g., copyrights or trademark rights). The customer shall indemnify the seller against any claims by third parties arising from the seller's contractual use of the customer's content and resulting in an infringement of their rights. The customer shall also bear the reasonable costs of necessary legal defense, including all court and attorney fees at the statutory rate. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obligated to provide the seller immediately, truthfully, and completely with all information necessary for examining the claims and mounting a defense.

9) Applicable Law

All legal relations between the parties shall be governed by the laws of the Republic of Austria, excluding the laws on the international sale of goods. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.