General Terms and Conditions
Date: 28.10.2020
1) Scope
1.1 These General Terms and Conditions (hereinafter referred to as “AGB”) of
Heidemarie KRIZ
Spiegelgasse 13, 1010 Vienna
Tel.: +43 676 960 53 53
E-Mail: office@krizh.com
(hereinafter “Provider”)
apply to all contracts for the supply of services which an entrepreneur (hereinafter “Customer”) concludes with the Provider with regard to the latter’s services. Herewith the inclusion of the customer’s own conditions is contradicted unless otherwise agreed. By using this website or ordering one of our services (including free services or newsletters), the customer or user agrees to the following general terms and conditions.
The provider addresses his offer exclusively to entrepreneurs. By placing an order, the Customer confirms that he is an entrepreneur and books the services as an entrepreneur.
2) Conclusion of contract
2.1 The product descriptions contained in the provider’s online shop do not represent binding offers on the part of the provider but serve to make a binding offer by the customer.
2.2 The Customer can submit the offer via the online order form integrated into the Provider’s online shop. After placing the selected services in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods or services contained in the shopping cart by clicking the button concluding the ordering process.
2.3 The Supplier can accept the Customer’s offer within 5 days by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the date of receipt of the order confirmation by the Customer is decisive.
The period for acceptance of the offer begins on the day after the offer is sent by the Customer and ends at the end of the 5th day following the sending of the offer. If the Supplier does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent. Any payment already made by the customer must be remitted immediately in the event of rejection.
2.4 Order processing and contact are usually carried out by e-mail and automated order processing. The customer has to ensure that the e-mail address provided by him for the order processing is correct and, if SPAM filters are used, has to ensure that all e-mails sent by the Provider or third parties commissioned by the Provider with the order processing can be delivered.
3) Delivery and shipping conditions
3.1 Our offers are open to all customers with a registered office in a member state of the European Union.
4) Warranty/liability
An insignificant defect generally does not justify any warranty claims.
The provider has the choice of the type of remedy.
The customer shall have the commercial duty to give notice of defects in accordance with § 377 UGB. If the customer fails to comply with the notification obligations regulated therein, the service shall be deemed approved.
A liability of the provider is excluded for slight negligence, as long as it is not a matter of personal injury. The consulting service of the supplier is only a design consultation and concerns customer guidance, guidance system, product presentation, visual merchandising, lighting, shop window design etc. It does not constitute legal, building law or technical advice. The Provider is therefore not liable for compliance with rules and regulations of any kind. The Provider is also not liable for the functioning of the Internet line and quality of the transmission and the like.
The provider offers his advice according to his experience, competence and education. However, the offerer is not liable for the fact that an increase in sales actually occurs. The supplier also does not guarantee that there will be an increase in sales.
5) Cancellation/rescission
The customer has the right to withdraw from the contract up to 24 hours before the consultancy appointment. The declaration of withdrawal must be made by refusing the invitation to an appointment in the Outlook calendar and additionally by e-mail to the e-mail address billing@pointsale.doctor. In the event of cancellation/rescission within 24 hours before the start of the consultancy appointment, the customer must pay 50% of the agreed fee. The (half) remittance of the amount paid by the customer will be arranged by the provider within 14 days at the latest after receipt of the withdrawal described above.
6) Place of jurisdiction/applicable law
6.1 Austrian substantive law applies exclusively, excluding the UN Sales Convention.
6.2 It is agreed that the competent court at the registered office of the Provider shall have exclusive jurisdiction.