Terms of service

Status: 03/02/2025

VISTERI e.U.
Address: Menzelstraße 10/1, door 58 1210 Vienna
+43 677 620 12 640
info@visteri.at

apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "customer") concludes with the seller with regard to the seller's goods and services in distance selling. The inclusion of the customer's own terms and conditions is hereby rejected.

1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the

A consumer is any natural person who enters into a transaction that is not part of their business operations. An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, is acting in the exercise of its commercial or independent professional activity. Public limited companies, limited liability companies, commercial and economic co-operatives, mutual insurance associations, savings banks, European Economic Interest Groupings (EEIG), European Companies (SE) and European Co-operatives (SCE) are entrepreneurs by virtue of their legal form.

2) Conclusion of contract
2.1 The product descriptions contained in the seller's webshop do not constitute binding

offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer via the order form integrated into the seller's webshop. After configuring the selected goods or services and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button that concludes the ordering process. After receipt of his order, the customer receives a separate, automated confirmation of receipt of his order(s). Such confirmation does not constitute acceptance of the offer.

2.3 The seller may accept the customer's offer within three working days,

  • by sending the customer a written order confirmation or an order confirmation in text form (e.g. e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or

  • by requesting payment from the customer after the order has been placed.

If both are present, the contract is concluded at the earlier point in time. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the third working day following the sending of the offer. If the seller does not accept

the customer's offer within the above 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.

2.4 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract is concluded and sent to the customer in text form (e.g. e-mail) after the customer's order has been sent.

2.5 The German/English language is available for the conclusion of the contract.

2.6 Order processing and contact are generally carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of cancellation

3.1 Consumers residing in the EU are generally entitled to a right of cancellation when concluding a distance contract. Please refer to the cancellation policy for more details.

A distance contract is a contract between the seller and a consumer concluded without the simultaneous physical presence of the seller and the consumer, whereby up to and including the conclusion of the contract only means of distance communication (email, internet, telephone) are used.

4.2 The payment methods accepted by the seller are Shopify Payments, credit cards (Visa, MasterCard, American Express), Apple Pay, Google Pay, PayPal.

4.3 The transport service providers used by the seller are Austrian Post.

4) Prices and terms of payment

4.1 Unless otherwise stated in the seller's product and service description, the prices quoted are total prices that include statutory VAT, but not the shipping costs. The shipping costs incurred are calculated by entering the recipient's address in the order process.

5) Retention of title

5.1 In relation to its customers, regardless of whether they are consumers or entrepreneurs, the seller retains ownership of the goods provided until the purchase price owed has been paid in full.

6) Delivery and conditions

6.1 We deliver our products to the EU.

6.2 Goods shall be delivered by dispatch to the delivery address specified by the customer in the order

6.3 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of cancellation. If the customer effectively exercises his right of cancellation, the provision in the seller's cancellation policy shall apply to the return costs.

6.4 If the customer is acting as an entrepreneur, the risk of loss of or damage to the goods sold shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or company otherwise designated to carry out the shipment. If the customer is acting as a consumer, the risk shall only pass to the consumer as soon as the goods are delivered to the consumer or to a third party designated by the consumer other than the carrier. However, if the consumer has concluded the contract of carriage himself without making use of a choice proposed by the carrier, the risk is transferred as soon as the goods are handed over to the carrier.

6.6 If delivery is delayed due to force majeure (e.g. pandemic, strike, storm, catastrophe, war, etc.), the delivery period shall be extended by the duration of the resulting delay. Any resulting claims for damages are excluded. In the case of customers who are entrepreneurs, this shall also apply if the delay in delivery occurs for other reasons attributable to the suppliers. The customer's statutory right to withdraw from the contract after setting a reasonable grace period remains unaffected in any case.

7) Warranty/liability

7.1 The provisions of the statutory warranty shall apply.
The seller is liable for ensuring that the goods have the objectively required characteristics in addition to the contractually agreed characteristics. This does not apply if the consumer expressly and separately agrees to the deviation of a certain characteristic from the objectively required characteristics when concluding the contract, which he does by placing his order after being specifically informed of this deviation in the product description.

If the customer acts as an entrepreneur,

• an insignificant defect does not justify any warranty claims,

  • the seller has the choice of the type of defect rectification

  • the limitation period shall not recommence if a replacement delivery is made as part of the liability for defects.

If the customer acts as an entrepreneur within the meaning of the Austrian Commercial Code (UGB), he is subject to the commercial obligation to inspect and give notice of defects in accordance with § 377 UGB. If the customer fails to fulfil the notification obligations regulated therein, the goods shall be deemed approved.

Liability of the seller for slight negligence is excluded, unless personal injury is involved. These liability regulations also apply with regard to the liability of the seller for its vicarious agents and legal representatives.

8) Place of jurisdiction/applicable law

8.1 The law of the Republic of Austria shall apply to all legal relationships between the parties to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of deliveries to consumers domiciled or habitually resident in the EU, this choice of law shall apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence

8.2 In relation to entrepreneurs, the competent court at the registered office of the seller is agreed as the exclusively competent court.

8.3 The place of fulfilment is the registered office of the seller. 9) Alternative dispute resolution

9.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.