General Terms and Conditions (Terms of Service)
§ 1 Scope and Definitions
(1) These General Terms and Conditions (“Terms”) apply to all business relationships between BazarPort GmbH, Musterstraße 1/1/1, 1090 Vienna, Austria (placeholder address), and the customer, in the version valid at the time the contract is concluded.
(2) Customers may be either consumers or businesses:
- Consumer means any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.
- Business means any natural or legal person, or partnership with legal capacity, who enters into a legal transaction in the exercise of their trade, business, or profession.
(3) Deviating terms proposed by the customer will not be recognized unless expressly agreed to in writing.
§ 2 Formation of Contract
(1) The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding invitation for the customer to place an order.
(2) By clicking the “Buy” button, the customer submits a binding offer to conclude a purchase contract.
(3) Confirmation of receipt of the order is sent by email immediately after the order is submitted. This confirmation does not yet constitute acceptance of the offer.
(4) The purchase contract is only concluded upon explicit order confirmation or shipment of the goods.
(5) The language of the contract is English (adapted from the original German-language contract).
§ 3 Prices and Payment Terms
(1) All stated prices are final prices inclusive of applicable statutory value-added tax.
(2) Any additional shipping costs will be shown separately during the order process.
(3) The following payment methods may be offered:
- Advance payment
- Credit card
- Klarna or comparable payment services
- Other payment methods displayed at checkout
(4) Payment is due immediately unless otherwise agreed.
(5) In the event of late payment, statutory default interest applies.
§ 4 Delivery and Shipping
(1) Delivery is made to the shipping address provided by the customer.
(2) Delivery time estimates are non-binding unless expressly agreed otherwise.
(3) If a product is unavailable, the customer will be informed without delay. Any payments already made will be refunded in this case.
(4) Partial deliveries are permitted where reasonable for the customer.
§ 5 Retention of Title
The goods remain the property of BazarPort GmbH until paid for in full.
§ 6 Right of Withdrawal for Consumers
Withdrawal Notice
Consumers have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period is 14 days from the day on which the consumer, or a third party named by the consumer, took possession of the goods.
Exercising the Right of Withdrawal
To exercise your right of withdrawal, you must inform us — BazarPort GmbH, email: [email protected] — by means of a clear statement (e.g., an email) of your decision to withdraw from this contract.
Consequences of Withdrawal
If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (except for additional costs resulting from your choosing a delivery method other than the least expensive standard delivery we offer), without undue delay and at the latest within 14 days.
We will use the same means of payment for the refund that you used for the original transaction.
We may withhold reimbursement until we have received the goods back.
Returning the Goods
You must return the goods without undue delay and in any event no later than 14 days from the day on which you communicate your withdrawal.
You will bear the direct cost of returning the goods.
Exclusion of the Right of Withdrawal
The right of withdrawal does not apply to goods that are custom-made or clearly personalized to individual specifications (where applicable).
§ 7 Warranty
(1) Statutory warranty rights apply.
(2) For consumers, the warranty period is 2 years from delivery of the goods.
(3) For businesses, the applicable special statutory provisions of the Austrian Commercial Code (UGB) apply.
(4) No warranty applies in cases of:
- Improper handling
- Unauthorized modifications
- Normal wear and tear
§ 8 Liability
(1) BazarPort GmbH is liable without limitation in cases of intent and gross negligence.
(2) In cases of slight negligence, BazarPort GmbH is only liable for breach of essential contractual obligations (cardinal obligations).
(3) Liability is limited to foreseeable damage typical for this type of contract.
(4) Liability under applicable product liability law remains unaffected.
§ 9 Dispute Resolution / Online Platform
The European Commission provides a platform for online dispute resolution: EU Online Dispute Resolution.
BazarPort GmbH is not obligated and not willing to participate in dispute resolution proceedings before a consumer arbitration board.
§ 10 Jurisdiction and Applicable Law
(1) Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) Mandatory consumer-protection provisions of the consumer’s country of residence remain unaffected.
(3) For businesses, the exclusive place of jurisdiction is Vienna, Austria.
§ 11 Final Provisions
(1) Should individual provisions of these Terms be invalid, the validity of the remaining provisions remains unaffected.
(2) The invalid provision will be replaced by the applicable statutory rule.
Note: This page is a demonstration template, structured to mirror the AGB of the Austrian site it references. Company details, addresses, and jurisdiction shown here use fictional placeholders.