Terms & Conditions myProduct

Terms and conditions (last updated: 30. October 2016)

§1 printing and saving
(1) To print or save our terms and conditions, please use your browser’s print or save functions.
 
§2 scope
(1) The following terms and conditions regulate the conditions under which any natural person or corporate entity (subsequently users) can purchase the products on offer from myProduct GmbH (subsequently myProduct). (2) Deviation from the terms and conditions is not accepted, unless myProduct agrees to this in writing. (3) The general terms and conditions also regulate the conditions for the use of the myProduct shop network as well as their supplementary online offers. These conditions regarding the use of online portals provided by myProduct do not apply to use by producers offering their products. Separate contractual provisions apply to this purpose. (4) Our offers are exclusively for persons residing in, or permanently staying in EU member states.

§3 Contractual partner

The owner of the website and contractual partner for online orders is

myProduct GmbH
Karl Kastner-Straße 1
A-3910 Zwettl
 
Office location: A-3300 Amstetten, Industriestraße 2
Commercial register number: FN 431059k
Commercial register court: Krems Regional Court
Tel.: +43 660 48 12 420
UID: ATU69436808
Authority in compliance with e-commerce law: Zwettl District Authority
Type of business: Online trading
 
myProduct GmbH is part of the Kastner Group.
 
Manager: Rainer Neuwirth M.A  - Member of the Lower Austrian Economic Chambers; online trading professional group. Other specialized professional regulations can be found in the Federal Legal Information System (http://www.ris.bka.gv.at/)
 
Shareholders and stakes:
55% Kastner Wholesalers Ltd with headquarters in Zwettl
15% Ing. Thomas Poscher M.A.
15% Michael Schruef M.A.
15% Rainer Neuwirth M.A.
 
Philosophy:Transfer of information and distribution of quality Austrian products.
 

Informationen zu E-Commerce und Mediengesetz

Bank connection

Waldviertler Sparkasse Bank AG

IBAN: AT922027200000586396
BIC: SPZWAT21XXX


 
§4. Service description
(1) Use of myProduct's shop network is free of charge. (2) myProduct provides users with the opportunity to purchase, assess, comment on and inform themselves about the products offered in the shop network.
 
§5 Product sales
(1) The services provided by myProduct towards users relate to the presentation of the goods of individual producers, the handling of order and payment processes as well as the organisation of the shipping of the product. (2) Product images, which are used to describe the products, are example photos. These do not always represent the article in a true to life form, but serve as an illustration. Depending on the screen used, colours and sizes, in particular, may be displayed differently. The description of the respective article is the definitive factor.

§6 Conclusion of contract
(1)The presentation of the products in the online shop represents no legally binding offer, but rather a non-binding online catalogue. By clicking the „binding order“ button, a binding order of the goods listed in the shopping cart will be issued. Confirmation that we have received your order together with the acceptance of the order takes place immediately through an automatic email. The purchase agreement has been concluded through this email confirmation. (2) myProduct does not offer products for purchase by minors. By clicking the „binding order“ button, it is also confirmed that that the legal minimum age for the purchase of products (in particular alcohol) has been reached. (3) The purchase agreement is concluded with: myProduct GmbH, Karl Kastner-Straße 1, 3910 Zwettl, UID.: ATU 69436808, Commercial register number: FN 431059k, (4) The conditions for the purchase of products offered are based exclusively on the valid version of the general terms and conditions at the time of order. (5) Please note that all quantities are available only to a limited extent and that the available quantities, which are shown in the offers, can deviate from the actual inventory.
 
§7 Cancellation policy

You can revoke your contract declaration within 14 days, without providing a reason for doing so, in written form (e.g. letter, email) or if the matter is left to you before the deadline, also by returning the goods. The time limit begins upon receipt of this instruction in written form, but not before receipt of the goods by the recipient (in the case of recurring delivery of similar goods not before receipt of the first partial delivery) and also not before the fulfilment of our information requirements in accordance with article 246 § 2 in connection with § 1 paragraphs 1 and 2 of the Introductory Law to the Civil Code (EGBGB), as well as our obligations in accordance with § 312g paragraph 1 sentence 1 of the Civil Code (BGB) in connection with article 246 § 2 Introductory Law to the Civil Code (EGBGB). The timely dispatch of the cancellation or of the goods is sufficient to secure the cancellation period. The cancellation is to be sent to:

myProduct GmbH
Industriestraße 2
3300 Amstetten
support@myproduct.at

Cancellation consequences: In the case of an effective cancellation, the services received by both parties must be returned and benefits where applicable (e.g. interest) released. If you are unable to return or release, partially return or only able to return in a deteriorated condition, the service or use (e.g. benefits of use) received you must, in this respect, provide us with compensation. In cases where the goods have deteriorated and uses been drawn, you will only be required to provide compensation as long as the use or the deterioration is attributed to a handling of the goods which goes beyond an examination of the characteristics and function of these. We define “examination of the characteristics and function” as testing and trying out the respective goods as is possible and customary in a shop. After cancellation, the goods are to be returned at one’s own risk and expense. Obligations to reimburse payments must be fulfilled within 30 days. This time period begins with the sending of your declaration of cancellation or the sending/returning of the products. Our time period begins upon receipt of the goods. End of the cancellation policy. Note: You do not have the right to cancel contracts for goods manufactured to customer specifications that are clearly tailored to your personal needs, which are not suitable for a return due to their nature, which can spoil quickly or whose expiry date has been exceeded.

§8 Community
(1) myProduct also places its shop network at users disposal in order to use the integrated community to exchange opinion, experiences and knowledge. (2) myProduct operates its shop network in accordance with the current state of technology. Temporary restrictions on the availability of online portals due to technical disturbances, maintenance or force majeure are unavoidable and do not constitute a violation of performance obligations by myProduct. (3) myProduct will, at its own discretion, advertise, maintain and technically support its shop network to a reasonable degree. myProduct strives, also for the future, to maintain its shop network in keeping with the current technological status. myProduct, therefore, reserves the right to change or revise the appearance of, and features offered, on its shop network and its shopping platform, or to replace these with other features and functionalities.
 
§9 Prices and shipping costs
(1) Prices are valid at the time of order. The prices stated on the product pages contain statutory value-added tax according to Austrian regulations and other pricing elements. The value-added tax rates for customers from Germany are recalculated upon filling out the delivery address. We reserve the right to price changes and errors. (2) In addition to the product price, the user bears the costs of shipping. Shipping costs depend on the quantity of the goods ordered, the type of shipment and the delivery destination, and are communicated clearly before the binding order is placed in the order process. (3) In the case of products which are shipped in deposit bottles, the deposit is shown separately. This will be refunded upon return of the deposit bottles to the sender. The organization and cost of the return is to be borne by the user.
 
§10 Delivery
(1) Deliveries are exclusively within the EU, to the delivery address stated in the order. The delivery period is 14 working days (no deliveries on Saturdays, Sundays and on regional, as well as federal, Austrian holidays). (2) Customers are responsible for accepting deliveries themselves. If the Customers are not available at the time of delivery or if no alternative delivery is possible, they carry the sole risk that the goods will be spoiled by their own fault. A reimbursement of goods spoiled for this reason is hereby excluded. If the goods cannot be delivered after two delivery attempts due to the absence of a recipient, the goods will be returned to us. If the customer then requests a new delivery of the goods, they will be billed the regular shipping costs to the shipping address (depending on the delivery country) for the return order, new dispatch and additional processing.
 
§11 Payment
(1) By clicking the "binding order" button, the order becomes binding and therefore is also to be paid. Payment is then made at the checkout using the chosen payment method. When paying by credit card you will be charged upon completion of your order. In cooperation with Klarna we offer purchase on invoice as a payment option. The payment period for Klarna invoices is 14 days from the invoice date. The invoice will be issued upon dispatch of the goods and will be sent either by email or together with the goods. Payment is to be made to Klarna. Please note that Klarna invoices are only available for consumers. Further information and Klarna's full terms and conditions for purchase on invoice can be found here. myProduct does not charge a service fee for the use of Klarna purchase on invoice, and offers this payment option free of charge. Klarna checks and evaluates your data and maintains, in the event of a legitimate interest and reason, an exchange of data with other companies and credit agencies. Your personal details will be treated in accordance with the applicable data protection regulations and according to the specifications in Klarna's data protection regulations. For more information about Klarna please visit www.klarna.at. Klarna AB, company and corporate number: 556737-0431. If the payment cannot be carried out by our payment providers for technical or other reasons, please inform us by e-mail at support@myproduct.at. Should this not be carried out, the system automatically switches to "pre-payment", whereby you will receive an invoice via e-mail with our bank details for transfer.
 
§12 Offsetting, retention
(1)Customers only have the right to offsetting if their counterclaims are legally established or are undisputed by myProduct. In addition, they are only entitled to exercise the right of retention to the extent that their counterclaim is based on the same contractual relationship.
 
§13 Prices
(1) All prices include the applicable level of value-added tax and when applicable, deposits.
 
§14 Reservation of ownership
(1) The goods delivered remain the property of myProduct until the completion of payment.
 
§15 Liability for defects
(1) myProduct provides, in accordance with legal requirements, a guarantee that the goods are free of defects at the time of delivery. Naturally, statutory time limits apply to the assertion of warranty claims. If the purchased item is defective, this is to be disclosed to myProduct GmbH as soon as possible after delivery or as soon as the defect appears. Should these deficiencies be justified, either an improvement will be made or a free replacement will be provided. An appropriate time period must be given for this. If a replacement or an improvement is not possible due to excessive effort, delay or unreasonableness, the buyer shall be entitled to a price reduction or, if the defect is not insignificant, to the cancellation of the contract (conversion). Fraud in this matter will be prosecuted.

§16 Granting of rights, customer reviews
(1) If users decide to write a customer review in the myProduct shop network, they grant myProduct an unlimited, in time or place, and exclusive license for the duration of the underlying right ,to the further use of the customer review for any purpose, online as well as offline. myProduct will endeavour to always name the writer as an author (unless the authors have indicated their wish to remain anonymous), but reserves the right to abbreviate or omit this information. myProduct reserves the right not to publish reviews, or only to display them on their websites for a limited period of time, as well as to shorten them.
 
§17 Liability
(1) myProduct assumes responsibility for the presentation, order and payment processing as well as shipping organization of the products offered by individual producers in its shop network. (2) myProduct organizes shipping through a logistics service provider. If the customers are consumers according to the definition in the Austrian consumer protection law (KschG), they shall check the delivered goods as soon as possible for completeness, correctness and other defects, in particular the integrity of the packaging and notify us of any shortcomings by email to support@myproduct.at and briefly describe them. This serves solely for the quicker and more effective processing of possible complaints. Infringement of this obligation does not result in any restriction of the statutory warranty rights of the consumer.


§18 Obligations on the part of the user
(1) Users have to ensure that their access data (user name and password) is not accessible to third parties. In particular, it is also forbidden to provide access data to third parties. For their own protection and security on the Internet, users should change their passwords at regular intervals. (2) Users shall promptly notify myProduct of any changes to the data provided by them (delivery address ...), in particular insofar these are necessary to process purchase offers which are still open. (3) Users are obligated not to use the myProduct Shop network for purposes other than those described in section 3.

§19 Blocking users
(1) myProduct is entitled to block users, if there is a factually justified reason for this. Blocking can take place without prior notice, if myProduct has a legitimate interest in an immediate block. One reason for a blocking is in particular if a user violates their contractual obligations or if a third party claims that there is a legal infringement towards myProduct. In the case of an infringement claim, myProduct will forward the corresponding information to the user. myProduct is not obligated to examine the allegations as regards to content. 
 
§20 Final provisions
(1) The contract language is German. For contracts with consumers from EU member states, the consumers have the choice between their local court or the court of jurisdiction at the registered office of the company. The contracting parties agree on the applicability of Austrian law insofar as there are no opposing compulsory statutory provisions. The United Nations Convention on Contracts for the International Sale of Goods and all provisions relating to the UN Convention on Contracts for the International Sale of Goods are expressly excluded. Should a provision of the contract or the general terms and conditions be, or become, ineffective or should the contract be incomplete, the remainder shall not be affected. (2) The domestic law of German consumers applies if this is more favourable for the consumer.