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General Terms of Service

1. Scope

The following terms of service exclusively apply to all orders placed via our online shop. Possibly differing terms and complementary agreement will not be accepted.

The terms of service regulate individual details of the contractual relationship and additionally contain important user information in its legally valid version. The customer may retrieve, store and/or print the terms of service if requested via the respective links in the online store. The terms applicable to the order will be additionally sent to the customer on a permanent data carrier, such as by mail, PDF attachment or paper print-out, together with the order placement confirmation or dispatch confirmation.

If a single regulation becomes invalid, the other regulations of these terms remain uncontested. The invalid regulation is to be interpreted that way closest to the desired economic purpose within the scope of applicable laws.

2. Place of jurisdiction

The law of the Republic of Austria applies to all legal disputes in relation to this platform under exclusion of CISG law, unless mandatory legal regulations applying to the place of residence of the customer contest the application of such.

The place of jurisdiction is Vienna, unless mandatory legal regulation contest the application of such.

3. Contractual partners, conclusion of the contract

The purchase contract is concluded with the Marchi Mobile GmbH, Am Euro Platz 2, 1120 Wien, Austria.

The MM generally only concludes contracts according to their own conditions, differing conditions of the contractual partner only apply if MM explicitly agrees to them in writing.

The customer may only be a natural or legal person as well as a company without own capacity of a legal person registered in the Commercial Register with capacity of a legal person. The MM is entitled to demand and obtain all necessary information concerning the identity and liquidity, legal and contractual capacity of the customer as well as the proof of authority to sign and represent.

Further, the customer is to provide a home invoice address as well as a home paying office to MM on demand.

All offers are non-binding and subject to change.

4. Product availability, product description and prices

We guarantee that the presentation and the colours of the products are as published in the online shop. Nevertheless divergences from the displayed colours may occur, depending on the browser used by the customer.

All products are available as long as stock lasts and are subject to constant development. We reserve the right to replace or completely cease to offer articles at any time.

We reserve the right to change prices at any time, prices are binding as displayed at the moment of order though.

5. Ordering process / payment

By publishing the products at our online shop we make a binding proposition towards concluding a contract concerning the respective articles. Firstly, you may non-bindingly place the products into the shopping basket and may correct your entries by following the designated and displayed correction instructions during the ordering process before submitting your binding order. The contract is concluded by clicking the ordering button and thereby accepting the offer concerning the products placed into the shopping basket. Immediately after submitting the order you will receive a confirmation by e-mail.

A binding contract may also be concluded before that as follows:

If you have chosen to pay by PayPal, the contract is concluded at the moment of the confirmation of the PayPal payment order.

The available contractual languages are German and English.

The contract text will not be stored by us.

6. Delivery terms

In addition to the product prices, shipping costs are to be paid. More information about individual shipping costs you find in the individual offers.

We only deliver by dispatch. Product collection by the customer is unfortunately not possible.

We guarantee a delivery within 3 to 14 days. However, longer delivery periods up to max. 28 days may occur. We do not take over liability for delayed deliveries.

7. Payment

MM only accepts the payment methods offered during the ordering process and reserves the right to reject certain methods of payment, e.g. purchase on account, to secure liquidity risks.

8. Reservation of title

Until complete payment the products remain our property.

9. Transport damages

If products are delivery having obvious transport damages, please report such damages immediately to the forwarding agent and contact us immediately. The failure to object and report damages does not have any consequences on legal claims and their enforcement, especially not on warranty claims, but you help us to enforce our own claims against the forwarding agent or the transport insurance.

10. Warranty

If not otherwise explicitly agreed below, the legal regulations concerning liability for defects apply.

The expiry period for defect claims for second-hand products is one year beginning with the date of delivery of the product.

The afore mentioned limitations and reduced expiry periods do not apply

– in case of damages caused by us, our legal representatives or vicarious agents,
– in case of harm to life, body and health,
– in case of intentional or negligent violation of contractual duties as well as fraudulent intent
– in case of violation of essential contractual duties whose fulfilment make the due execution of the contract possible in the first place and on whose compliance the contractual partner can usually trust(cardinal duties),
– in case of assured guarantees, if agreed upon,
– in case of claims according to the Product Liability Act.

More information concerning possible additional warranties and their exact conditions you find in the individual product description and on special informational sites in the online shop.

11. Liability

We are unlimitedly liable for claims due to damages caused by ourselves, our legal representatives or vicarious agents

– in case of harm to life, body and health
– in case of intentionally or grossly negligent violation of duties
– in case of assured warranties, if agreed upon
– in case of claims according to the Product Liability Act.

In case of slightly negligent violation of essential contractual duties, whose fulfilment make the due execution of the contract possible in the first place and on whose compliance the contractual partner can usually trust(cardinal duties), by ourselves, our legal representatives or vicarious agents, liability is limited to the damage typically foreseeable on conclusion of the contract.

12. Compensation

a) In case of defects the customer firstly has the right to claim supplementary performance or replacement of the defective product. If the supplementary performance fails, the customer may either claim the reduction of the purchase price or may withdraw from the contract.

b) In case of slight negligence the liability for violations of cardinal duties is limited to the typical foreseeable damage. Further liability in case of slight negligence is excluded.

c) Compensation claims expiry after 6 months beginning with the moment defects and their originators become known. For contractual partners, not to be considered as consumers according to the Consumer Regulation RL 2011/83/EU, also the enforcement of claims is limited to those damages caused by at least conditional intentional act, further, the liability for damages caused by loss of income, omission of possible savings, loss or alteration of data, indirect damages and subsequent damages as well as damages caused by third-party claims – if not contested by mandatory legal regulations – is excluded. In addition, MM is not liable for damages caused by mandatory, but not given governmental permission or by mandatory, but not given private-law permission or approval by third parties. All recourse claims resulting from product liability according to the Product Liability Act are excluded, unless the person entitled to recourse proves at least grossly negligent behaviour of MM or negligent behaviour of contractual partners, not to be considered as consumers according to the Consumer Regulation RL 2011/83/EU.