General terms and conditions of subtel GmbH

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of subtel GmbH (hereinafter referred to as the “Seller”) apply to all contracts concluded by a consumer or an entrepreneur (hereinafter referred to as the “Customer”) with the Seller concerning the goods and/or services presented by the Seller in its online shop. Any inclusion of the Customer’s own terms is hereby objected to unless otherwise agreed.

1.2 A consumer, within the meaning of these GTC, is any natural person entering into a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity.

1.3 An entrepreneur, within the meaning of these GTC, is a natural or legal person or a legally constituted partnership who, at the time of concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

2) Conclusion of the Contract

2.1 The product descriptions contained in the Seller’s online shop do not represent binding offers on the part of the Seller but serve as an invitation for the Customer to submit a binding offer.

2.2 The Customer can submit an 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, by clicking on the button that concludes the order process (“order with obligation to pay”), the Customer submits a legally binding offer for the goods and/or services contained in the shopping cart.

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 e-mail), in which case the receipt of the order confirmation by the Customer is decisive, or
- Delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or
- Requesting payment from the Customer after the Customer has placed the order.

If several of the aforementioned alternatives occur, the contract shall be concluded at the moment one of these alternatives first occurs. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends upon expiry of the fifth day following the dispatch of the offer. If the Seller 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 their declaration of intent.

2.4 If the Customer chooses a payment method offered by PayPal, payment is processed 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/webapps/mpp/ua/useragreement-full, or – if the Customer does not have a PayPal account – subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a PayPal payment method selectable during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the moment the Customer clicks the button concluding the order process.

2.5 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller and sent to the Customer after dispatch of their order together with these GTC in text form (e.g. e-mail, fax, or letter). Additionally, the contract text is archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected customer account by entering the appropriate login data, provided the Customer has created a customer account in the Seller’s online shop prior to submitting their order.

2.6 Before submitting a binding order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. One effective technical means of better recognizing input errors may be the enlargement function of the browser, which can enlarge the display on the screen. The Customer can correct their entries during the electronic ordering process at any time using the usual keyboard and mouse functions until they click the button that concludes the order process.

2.7 The German language is available for the conclusion of the contract.

2.8 Order processing and communication usually take place by e-mail and automated order processing. The Customer must ensure that the e-mail address they provide for order processing is correct so that the emails 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 Withdrawal

3.1 In principle, consumers have the right to withdraw from the contract.

3.2 Further information on the right of withdrawal can be found in the Seller’s withdrawal instructions.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, the prices stated are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 Various payment options are available to the Customer, which are indicated at the beginning of the ordering process in the Seller’s online shop.

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

5) Delivery and Shipping Conditions

5.1 The delivery of goods is carried out by shipment to the delivery address provided by the Customer, unless otherwise agreed. In processing the transaction, the delivery address provided during the Seller’s order processing shall be decisive.

5.2 If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer bears the costs for the unsuccessful shipment. This does not apply if the Customer is not responsible for the circumstance that led to the impossibility of delivery or if they were temporarily prevented from accepting the offered service, unless the Seller had announced the service to them a reasonable time in advance. Furthermore, this does not apply with regard to the costs for the outbound shipment if the Customer effectively exercises their right of withdrawal. In case of an effective exercise of the right of withdrawal by the Customer, the provision in the Seller’s withdrawal instructions regarding return costs shall apply.

5.3 Self-collection by the Customer is not possible for logistical reasons.

6) Retention of Title

If the Seller makes advance deliveries, the Seller retains ownership of the delivered goods until the due purchase price, including all associated costs and expenses, has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise stated in the following regulations, the statutory provisions on liability for defects apply. Deviating from this, for contracts for the delivery of goods, the following applies:

7.1 If the Customer acts as an entrepreneur:

The Seller has the choice of the type of subsequent performance.
For new goods, the limitation period for defects is one year from delivery of the goods.
For used goods, the rights and claims based on defects are excluded.
The limitation period does not start anew if a replacement delivery is made as part of liability for defects.

7.2 The above-mentioned limitations of liability and shortening of periods do not apply:

To claims for damages and reimbursement of expenses by the Customer,
If the Seller has fraudulently concealed a defect,
For goods that have been used according to their usual purpose for a building and caused its defectiveness,
For any existing obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.3 For entrepreneurs, the statutory limitation periods for any statutory right of recourse remain unaffected.

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

7.5 If the Customer acts as a consumer, they are requested to complain about goods delivered with obvious transport damage to the delivery agent and to inform the Seller thereof. If the Customer fails to comply with this request, it has no effect whatsoever on their statutory or contractual claims for defects.

8) Applicable Law

All legal relationships between the parties are governed by the law of the Republic of Austria, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as the protection afforded is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

9) Alternative Dispute Resolution

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

This platform serves as a contact point for out-of-court dispute settlement arising from online purchase or service contracts involving a consumer.

9.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.