niceshops GmbH, Saaz 99, 8341, Paldau, E-mail: email@example.com (hereinafter referred to as "Contractor" or "niceshops GmbH") focuses on the design of online shops and logistical processing, specialising in the area of e-commerce in various product segments.
These general terms and conditions (hereinafter referred to as “GTC”) deal with trade via the online shop on the homepage: www.pools.shop.
The customers are usually consumers as defined by Section 1 Paragraph 1 Item 2 and Section 1 Paragraph 3 KSchG (COPRA: Consumer Protection Act), as well as entrepreneurs as defined by Section 1 Paragraph 1 Item 1 KSchG (COPRA: Consumer Protection Act).
For the sake of better readability, no gender-specific differentiation is made. This is done without any intention of discrimination. All genders are addressed equally.
Recognition of the GTC
The customer acknowledges these terms and conditions and agrees to them by accepting these terms and conditions.
All business relationships between the contractor and the customer are subject to these terms and conditions in the version applicable at the time of the transaction. These terms and conditions supersede any general terms and conditions of the customer.
Protective & Counter-protective Clause
The inclusion of general terms and conditions or contractual conditions of the customer that deviate from these terms and conditions will be rejected unless these are expressly recognised by niceshops GmbH.
Conclusion of the Contract
By clicking the button "Order subject to payment", the Customer submits a binding offer to conclude a contract with the Contractor. The contractor is not obliged to accept this offer. Before finally sending an order, the Customer has the opportunity to check it again for any errors and to correct it if necessary.
The Contractor shall confirm receipt of an offer to the Customer by sending an e-mail to the address provided by the Customer ("Order Confirmation"). This e-mail does not constitute acceptance of the offer by the Contractor. The Contractor may accept offers by confirming the purchase of the offer in another e-mail ("Order Confirmation") or by sending the ordered goods. The Customer shall be bound by its requests for three days.
In order to be able to purchase services and goods electronically from the contractor, customers may have to register in the online shop. In the course of the business relationship, the customer must provide true and complete information and keep his data up to date at all times. He must treat his data confidentially and protect it from access by unauthorised persons. If the customer suspects misuse by third parties, he must inform the contractor immediately.
The customer shall refrain from all measures which could endanger or impair the technical provision of the online shop (including cyber-attacks). Such behaviour will be legally prosecuted.
Contract Text Storage
The wording of the contract, i.e. the customer's information on the order process, is saved by niceshops GmbH and can be viewed by the customer via the link “My Account” under “My Orders”. Irrespective thereof, niceshops GmbH sends an order confirmation that includes these terms and conditions to the e-mail address provided by the customer.
This right of withdrawal only applies to consumers.
The customer can revoke a contract concluded by way of distance selling within 14 days without providing a reason for the withdrawal. Information regarding the Returns Policy can be found here. Furthermore, an extended 16-day right of withdrawal period is granted.
Right of withdrawal
The customer has the right to withdraw from this contract within 14 days without providing a reason for the withdrawal. The statutory cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods. Furthermore, the contractor grants an extended 16-day right of withdrawal period. Thus, the customer has 30 days to withdraw from the contract.
In order to exercise the right of withdrawal, the customer must inform the contractor of the decision to withdraw from this contract by means of a clear statement (for example, a letter sent via the post, fax or e-mail).
In such cases, the customer may use the withdrawal template form, however, it is not mandatory. To meet the cancellation deadline, it is sufficient for the customer to send the notification of exercising the right of cancellation before the cancellation period has expired.
The right of withdrawal does not apply to the following contracts:
The consumer has no right of withdrawal in the case of distance or off-premises contracts concerning
- Services if the trader - on the basis of an express request by the consumer pursuant to Section 10 FAGG and confirmation by the consumer of his knowledge of the loss of the right of withdrawal in the event of the complete performance of the contract - had commenced performance of the service before the expiry of the withdrawal period pursuant to Section 11 FAGG and the service was then fully performed,
- Goods or services whose price depends on fluctuations on the financial market over which the trader has no influence and which may occur within the withdrawal period,
- Goods that are made to customer specifications or are clearly tailored to personal needs,
- Goods that can spoil quickly or whose expiry date would be quickly exceeded,
- Goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that their seal has been removed after delivery,
- Goods which, due to their nature, have been inseparably mixed with other goods after the delivery,
- Alcoholic beverages whose price was agreed upon at the time of conclusion of the contract, but which cannot be delivered earlier than 30 days after the conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence,
- Sound or video recordings or computer software supplied in a sealed package provided that the seal has been removed after delivery,
- Books, newspapers, periodicals or magazines, with the exception of subscription contracts for the delivery of such publications,
- Goods that have been intentionally or unintentionally damaged due to improper use. In the event of damage in transit, please contact us immediately.
- Technical devices are subject to the manufacturer's warranty. In some cases, the handling of returns here is carried out directly with the manufacturer.
- Products returned due to an allergic reaction or intolerance will only be accepted by us if the allergen has not been identified in the product description.
- The delivery of digital contents not stored on a physical data carrier, if the entrepreneur - with the express consent of the consumer, combined with the consumer's knowledge of the loss of the right of withdrawal in the event of premature commencement with the performance of the contract, and after the provision of a copy or confirmation in accordance with § 5 para. 2 or § 7 para. 3 FAGG - has commenced with the delivery before the expiry of the withdrawal period in accordance with § 11 FAGG.
- Furthermore, the consumer has no right of withdrawal in the case of contracts for urgent repair or maintenance work where the consumer has expressly requested the trader to visit him in order to carry out this work. If, during such a visit, the trader provides additional services which the consumer has not expressly requested or supplies goods that are not necessarily needed as spare parts for the maintenance or repair work, the consumer shall have the right of withdrawal in respect of these additional services or goods.
- Plants. If you have received them damaged, please take a photo immediately after receipt and send it to us. In this case, it is possible to refund the goods.
Consequences of the withdrawal
If the customer cancels this contract, the contractor shall have all payments received from the customer, including delivery costs (with the exception of the additional costs resulting from the fact that the customer uses a different type of delivery than the most affordable option offered by the contractor, i.e. standard delivery), to be repaid immediately and at the latest within 14 days from the day on which the notification of the contract cancellation was received by the contractor. For this repayment, the contractor uses the same means of payment that the customer used in the original transaction, unless something else was expressly agreed with the customer. In no case will the customer be charged fees for this repayment. The contractor can refuse repayment until the goods have been returned or until the customer has provided evidence that the goods have been returned, whichever instance occurs first.
If a loss in value of a commodity is due to the fact that the commodity has been used in a way that is not necessary for checking the quality, the customer is responsible for this loss of value.
The customer must deliver the goods immediately, and no later than 14 days from the day on which he informed the contractor of the contract cancellation, to
(+43) 720 710740 9000
The deadline is met if the customer sends the goods before the 14-day return period expires.
Returns from the following countries are free of charge:
Austria, Belgium, Czech Republic, Germany, France, United Kingdom, Hungary, Italy, Netherlands, Poland, Slovenia, Slovakia
The cost of returns from Italy, Switzerland and countries not listed above, are incurred by the customer.
This is done for business, legal and logistical reasons and without any intention of discrimination.
You can find detailed information regarding the Returns Policy here.
End of revocation
All product prices are stated in full; they contain the statutory sales tax (value-added tax).
In case of doubt, the sales tax is not yet included. The amounts stated at the time of the order apply.
The payment is to be made via a transfer to the account specified by the contractor. Whether the payment is made monthly (continuing obligation) or once-off (target obligation) depends on the agreement between the contractor and the customer.
Shipping costs are incurred in addition to the stated product prices. These do not apply when the minimum order value is eligible for free shipping. Further information regarding shipping costs and the threshold values can be viewed in the offers. The contractor informs the customer once again regarding the prices, taxes and shipping costs incurred within the order summary before the order is finalised. The applicable sales tax is included in the shipping costs.
When selecting the Cash on Delivery payment method, the Cash on Delivery fee (a service fee incurred and invoice costs collected whereby the amount is then forwarded directly to the seller) must also be settled. This fee is not billed to the customer. It needs to be paid directly to the delivery driver.
Terms of Delivery
Unless otherwise agreed, delivery will be made to the address provided by the customer. We also deliver to packing stations.
The risk of loss or damage to the goods shall (only) pass to a consumer when 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.
The estimated delivery time is indicated directly in the shopping basket. In the case of payment in advance, the delivery period begins one day after receipt of the amount on the bank account of niceshops GmbH. In the case of payment by cash on delivery or purchase on account, the delivery period begins one day after the day of the conclusion of the contract. In other cases, the delivery period begins one day after receipt of the order.
The niceshops GmbH shall not be responsible in the event of delivery obstacles in the area of suppliers or manufacturers. If delivery or compliance with an agreed delivery period becomes impossible due to circumstances for which niceshops GmbH is not responsible, niceshops GmbH shall be entitled to withdraw from the contract in whole or in part. The niceshops GmbH shall inform the customer of this without delay. Claims for damages are excluded in this case insofar as niceshops GmbH cannot be proven to be at fault. The customer will be informed of existing delivery restrictions before the order process begins.
The niceshops GmbH can send the customer a "free product" on a voluntary basis. The customer has no right to this free product. The free product will be sent on the condition subsequent that the customer does not withdraw from the contract or revokes this contract. In the event of termination of the contract in this sense, the customer must therefore return the free product to niceshops GmbH without being asked to do so.
Payment Date & Reservation of Property Rights
The contractor's claims shall become due upon invoicing, but at the earliest upon receipt of the goods. If the claims are not paid within fourteen days, the contractor shall charge 4% per year in statutory default interest from the due date. If the customer is an entrepreneur, the amount of interest on arrears shall be determined in accordance with § 456 of the Austrian Commercial Code (UGB).
All goods delivered by the contractor shall remain the property of the contractor until payment has been made in full. A sale of the goods by the customer to a third party before they have been paid for in full requires the prior consent of the contractor.
If the customer has not taken over the goods as agreed (default of acceptance), the contractor shall be entitled either to store the goods, for which a storage fee of 0.1% of the gross invoice amount per calendar year or part thereof may be charged, or to deposit the goods in court at the expense and risk of the customer.
niceshops GmbH accepts the payment methods listed on the website.
Unless otherwise stipulated, the general statutory provisions shall apply.
The warranty is excluded in the event of defects caused by the customer. This is particularly the case in the event of improper handling, incorrect operation or unauthorised repair attempts.
If goods are delivered with obvious transport damage, the customer is obliged to complain about such defects immediately to the deliverer and to contact the contractor without delay. Failure to make a complaint or to contact the contractor has no consequences for the legal warranty claims of consumers and only serves to support the contractor in asserting his claims against the company commissioned with the delivery of the goods or the insurance company.
Insofar as a manufacturer's warranty exists, the customer must assert the claims arising from this directly against the manufacturer. The liability of niceshops GmbH arising from the manufacturer's warranty is excluded. However, the warranty obligations of niceshops GmbH shall not be limited by any manufacturer's warranty. If the customer is a consumer, he must be notified of the warranty in writing or on another durable medium available to him (e.g. e-mail).
The contractor offers no guarantee that the photos published in the webshop are identical to the goods actually delivered.
Claims for damages made by the consumer against niceshops GmbH are excluded unless niceshops GmbH or their agents have acted grossly negligent.
The amount of liability is limited to the typically foreseeable damage when the contract was concluded.
The contractor is not liable to companies for lost profits.
Liability for damage resulting from injury to life, body or health due to negligence or deliberate breach of contractual obligations or applicable claims under the Product Liability Act remains unaffected.
The contractor is not responsible if he cannot meet his obligations under the contractual relationship due to circumstances for which he or a vicarious agent is not responsible. This applies, among other things, to the lack of availability of energy or telecommunications services and due to force majeure.
Data protection provisions can be found in the Private Policy.
The contractor draws attention to the fact that the customer's data can be processed for advertising purposes on the basis of legitimate interests (Art 6 Paragraph 1 lit f GDPR). The customer can object to this form of data processing at any time (Art 21 Paragraph 2 GDPR).
Terms & Conditions Modifications / Subject to Change
We are entitled to modify these terms and conditions unilaterally as needed in terms of fixing equivalence mandate or to adapt to changing legal or technical conditions. The customer will be notified of the amended content via their last known email address. The modifications made become an integral part of the contract when the customer does not file a written objection within 6 weeks of the notification sent via email. Such a subsequent amendment does not create any disadvantages for the customer.
The language available at the time of completion of the contract is German.
Applicable Law and Jurisdiction
This contractual relationship shall be subject to Austrian law.
However, the applicable law must not lead to the consumer being deprived of the protection afforded by the mandatory regulations of his country of residence (cf. Art 6 (2) Rome I Regulation). The application of the United Nations Convention on the International Sale of Goods (UN Sales Convention) and reference standards are excluded.
The exclusive place of jurisdiction is Graz. If the customer is a consumer and is residing or has his habitual abode or is employed domestically, the customer can only be sued before those courts in whose administrative district his place of residence, his habitual abode or his place of employment is located.
Arbitration Board and Online Dispute Resolution
In the event of a dispute, we may be available to participate in the arbitration procedure via the Internet Ombudsman: https://ombudsmann.at/
In the event of problems arising, you can use this platform to lodge a complaint and to request for it to be handled by an independent dispute arbitration body: https://ec.europa.eu/consumers/odr
Our email address: firstname.lastname@example.org