The company, C&F MensCare GmbH, postal address: Turmburggasse 18/1, 1060 Vienna, Austria, company register number: 566768 h, (hereinafter the "SELLER") specialises in trading body care products, hair care products, shaving products, cosmetic products and accessories (hereinafter the "GOODS").
These General Terms and Conditions (hereinafter referred to as "GTC") cover commerce via the SELLER's online shop. However, these GTC can also be used for offline commerce.
Customers are usually consumers within the meaning of Art. 1(1)(2) of the Austrian Consumer Protection Act (KSchG), but also include entrepreneurs within the meaning of Art. 1(1)(1) KSchG.
For ease of reading, the GTC do not refer to every gender. This is not intended to be discriminatory. The GTC is addressed to all genders equally.
2. Scope of validity
All business relations between the SELLER and the customer are subject to these GTC in the version applicable at the time the transaction is concluded. These GTC take precedence over any general terms and conditions of the customer.
These GTC may be permanently stored on the customer's computer and/or printed out by the customer for the purpose of ordering online.
The language for the contract, orders and business is German or English (depending on which is selected).
In order to be able to purchase GOODS electronically from the SELLER, customers may have to register for the online shop. In the course of the business relationship, the customer must provide true and complete information and keep data up to date at all times. The customer must treat their data confidentially and protect it from access by unauthorised persons. If the customer suspects misuse of data by third parties, the customer must inform the SELLER immediately.
The customer must refrain from all actions that could put at risk or negatively affect the technical availability of the online shop (including cyberattacks).
4. Offer and conclusion of contract
By clicking the "Order subject to payment" button, the customer places a binding order to conclude a contract with the SELLER. The SELLER is not obliged to accept this order. Before finally submitting an order, the customer has the opportunity to check it again for any errors and to correct the order if necessary.
The SELLER confirms receipt of an order to the customer by sending an email to the address provided by the customer ("order confirmation"). This email does not constitute acceptance of the order by the SELLER.
The SELLER reserves the right to check feasibility of the order within three working days. During this period, the SELLER is under no obligation and may reject an order, including without giving a reason.
The SELLER may accept offers by confirming acceptance of the offer in a further email ("order confirmation") or by sending the ordered GOODS. Only then is the contract concluded with the customer.
The delivery time is stated in the online shop.
If the SELLER is prevented from meeting the delivery deadline by force majeure (e.g. a natural disaster or epidemic) or delivery bottlenecks at third-party suppliers, the SELLER shall inform the customer of this as soon as possible. In such cases, the delivery period shall be extended by the period for which the events persist.
5. Legal capacity
If an order is placed via the shop, the SELLER assumes that the customer has the necessary legal capacity to conclude the transaction, legally represents the customer and is authorised to place the order (apparent authority).
6. Payment terms
The prices listed in the shop are in EUR – unless another currency is specifically stated.
In case of doubt, the prices do not include VAT. The amounts stated at the time of ordering shall apply in each case. The SELLER shall again inform the customer of the prices, taxes and shipping costs in the order summary before the order is completed.
Please note that further costs may be incurred at customs for international movements of goods.
The payment methods accepted by the SELLER are listed in the online shop.
The shipping costs shall be paid by the customer, unless otherwise agreed.
For more information about payment and shipping, see the website.
The amounts owed to the SELLER shall become due for payment upon the invoice being issued. If the amounts owed are not paid within 14 days, the SELLER shall charge 4% per annum in statutory interest on arrears from the due date. In the event of failure to pay on time, the customer shall reimburse the SELLER for any reminder and collection expenses incurred, insofar as they are necessary for pursuing appropriate legal action. If the customer is an entrepreneur, Section 456 and Section 458 of the Austrian Commercial Code (UGB) shall apply.
The SELLER reserves the right to adjust the agreed prices once a year in line with the current consumer price index. The reference value shall be the Austrian consumer price index published on the website of Statistik Austria at the date of conclusion of the contract.
7. Complaints in the event of damage in transit
Without prejudice to the customer's right of withdrawal within the meaning of clause 8 and to any warranty rights, the SELLER asks the customer to complain to the delivery company about delivered goods with obvious transport damage and to inform the SELLER promptly of such complaint.
8. Right of withdrawal under the Austrian Act on Distance Contracts and Off-Premises Contracts (FAGG)
This right of withdrawal only applies to consumers.
The right of withdrawal does not apply to GOODS that are delivered sealed and are not suitable for return for the protection of health or for hygiene reasons, where the seal has been removed after delivery.
The customer has the right to withdraw from their agreement to a contract or a concluded contract within fourteen days without giving reasons if the contract has been concluded electronically. The withdrawal period shall be fourteen days from the day on which the consumer or a third party not acting as a carrier and designated by the consumer obtains possession of the goods.
To exercise the right of withdrawal, the customer must inform the SELLER of the decision to withdraw from the contract by means of clear notice (e.g. a letter sent by post or an email). The customer may use the example withdrawal of contract form for this purpose, which is set out in Annex I B of the Austrian Act on Distance Contracts and Off-Premises Contracts (FAGG) (https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20008847) and is also available on the SELLER's website.
Notice of withdrawal must be sent to the following address:
C&F MensCare GmbH
Turmburggasse 18/1, 1060 Vienna, Austria
To comply with the withdrawal period, it is sufficient for the customer to send notice that the customer is exercising the right of withdrawal before the end the withdrawal period. If the customer exercises the right to withdraw from the contract, a confirmation of receipt of such withdrawal shall be sent to the customer. If the customer withdraws from their agreement to a contract or a concluded contract, the SELLER must reimburse all payments that it has already received from the customer, including the delivery costs (excluding the additional costs resulting from the fact that the customer has selected a type of delivery other than the low-cost standard delivery offered by the SELLER) without delay and at the latest within fourteen days of the date on which the notice that the customer has withdrawn from the contract is received by the SELLER. For the purpose of reimbursement, the SELLER shall use the same means of payment that the customer used for the original transaction; under no circumstances will the customer be charged any fees for such reimbursement.
The customer shall pay the direct cost of returning the GOODS.
If a loss in value of GOODS is due to the fact that the GOODS have been used in a way that is not necessary to check their condition, the customer shall be liable for such loss in value.
The customer must return or hand over the GOODS to the SELLER promptly and in any case no later than within fourteen days of the date on which the SELLER was informed of withdrawal from this contract. The time limit shall be deemed to have been observed if the customer sends the GOODS before the end of the period of fourteen days. The SELLER may refuse to action the reimbursement until it has received the returned GOODS or until the customer has provided proof that the customer has returned the GOODS, whichever occurs first.
For a contract for the regular delivery of goods over a fixed period of time, the withdrawal period shall be fourteen days from the date on which the customer or a third party designated by the customer who is not the carrier has taken possession of the first GOODS.
9. Retention of title
The SELLER shall retain title to all the GOODS delivered by the SELLER until payment has been made in full.
If the customer has not accepted the goods as agreed (default in acceptance), the SELLER shall be entitled either to store the goods, for which a reasonable storage fee may be charged per calendar year or part thereof, or to deposit the GOODS in court at the customer's expense and risk.
10 Liability for damages & warranty
The SELLER's liability for minor negligence is excluded.
This limitation of liability does not apply to personal injury or damage/loss under the Product Liability Act.
11. Transfer of risk
The risk of loss of or damage to the GOODS shall (only) pass to a consumer once the consumer or a third party authorised by the consumer to receive the GOODS (who is not the carrier) has taken possession of the GOODS.
If the customer is an entrepreneur, the statutory regulations of mail order selling apply.
12. Data protection & protection of business and trade secrets
The transfer of data and information to the respective required business partners is allowed to the extent necessary to perform the contract and on the basis of overriding legitimate interests (Article 6(1)(b) and (f) GDPR).
The SELLER also notes that the customer's data may be processed for the purposes of advertising on the basis of legitimate interests (Article 6(1)(f) GDPR). The customer may object to this type of data processing at any time (Article 21(2) GDPR).
13. Continuing obligation
Unless the contract is a contract that ends with performance, the contract is concluded for an indefinite period (subscription system). If the contract is indefinite, it may be terminated at any time. Note: If the contract is terminated at a time when the goods have already been acquired on behalf of the customer, the costs incurred as a result shall be charged to the customer, regardless of termination.
Vouchers may only be used by one and the same person upon presentation of the voucher or by stating the relevant code. Unless otherwise agreed, a voucher may only be used once per person.
15. Place of jurisdiction, applicable law & dispute resolution
This contract is governed by and interpreted in accordance with Austrian law. However, this choice of law must not have the result of depriving the consumer of the protection afforded to the consumer by the rules that cannot be derogated from in the consumer's country of residence (cf. Article 6(2) of the Rome I Regulation). Application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and conflict of laws rules is excluded.
The exclusive place of jurisdiction is Vienna. If the customer is a consumer and has domicile or habitual residence in Austria or is employed in Austria, the customer may, in derogation from the above, only be sued before the courts in whose jurisdiction the customer's domicile, habitual residence or place of employment is located.
We note that disputes can be settled via an online dispute resolution platform (Article 14(1)(1) of the ODR Regulation) (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN) and national consumer arbitration boards. The SELLER is willing to participate in a dispute resolution procedure before a consumer arbitration board. (August 2022)
Legal notice according to Section 5 of the Austrian E-Commerce Act (ECG), Section 25 of the Austrian Media Act (MedienG) and Section 14 of the Austrian Commercial Code (UGB):
C&F MensCare GmbH
Turmburggasse 18/1, 1060 Vienna, Austria
VAT ID: ATU77434108
Commercial register court: Vienna Commercial Court
Company register number: 566768 h
Member of the Austrian Chamber of Commerce: https://www.wko.at/
Supervisory authority: Municipal District Office, 6th District
Business regulation: Austrian Trade Ordinance (GewO): https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10007517
We note that disputes can be settled via an online dispute resolution platform (Article 14 (1) (1) of the ODR Regulation) (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN) and national consumer arbitration boards. The SELLER is willing to participate in a dispute resolution procedure before a consumer arbitration board.
Summary: information about all aspects of the products sold via the webshop.
Copyright holder: Lawyer Dr Tobias Tretzmüller, LL.M.; www.digital-recht.at The GTC are protected by copyright. They may only be used or edited with the copyright holder's consent.