Terms and Conditions
These are the general terms and conditions for a purchase contract for goods between a purchaser (“you”, “customer”, “buyer”) and Georg Wimmer via the website www.panamintpen.com (hereinafter also referred to as “Panamint Pen” or “seller”). For the sales contract the terms and conditions valid at the time apply. No contract will be concluded under deviating contractual conditions, unless this has been agreed in writing between the buyer and the seller.
2 Applicable law
To the extent permissible and subject to the provisions of international private law, the law of the Republic of Austria valid at the time of conclusion shall apply to the purchase contract.
3 Contract conclusion
The purchase contract will only be concluded if both parties agree to these general terms and conditions. The buyer submits his purchase offer by clicking on the “Buy Now” button in accordance with § 8 (2) FAGG. The e-mail sent as confirmation does not constitute acceptance of the contract, rather only documents that the seller has received the customer’s purchase offer. The purchase contract is concluded exclusively on the basis of the German-language contract documents, including these General Terms and Conditions. Any general terms and conditions translated into other languages to the best of our knowledge or other information relevant to the conclusion of the contract shall serve exclusively to ensure easy accessibility for persons in these languages and shall not form part of the contract.
It is not guaranteed that all goods displayed on the www.panamitpen.com website will be available at all times. Information about availability may be incorrect.
5 Duties arising from this contract
With the conclusion of the sales contract, the buyer agrees to pay the purchase price. The price stated on the product page is to be understood as the price including all taxes, but excluding shipping fees, any other surcharges and, in particular, excluding any duties to be paid at the place of delivery or in the course of delivery, such as customs duties. The final gross purchase price, including all taxes and surcharges as well as any shipping charges, but excluding any applicable government charges at the place of delivery associated with the delivery of the goods, will be displayed in the immediate vicinity of the “Buy Now” button. Any shipping costs will be shown as a separate item in this final presentation. Any duties, such as customs duties, in the country of destination must be borne by the buyer, unless otherwise agreed upon. With the conclusion of the purchase contract, the seller agrees to deliver the goods in accordance with the product description of the ordered product. The goods can be delivered by carrier to the buyer, a personal delivery by the seller cannot be required by the buyer, but can still be carried out by the seller. The seller agrees to deliver the goods as soon as possible after the conclusion of the contract, depending on the stock and order situation. § 7a KSchG ( Austrian Consumer Protection Act), the obligation of the seller to deliver within 30 days, is excluded.
6 Payment and payment modalities
The buyer is required to pay the agreed purchase price. Payment is to be made in advance. Only after complete payment or complete credit note at payment service providers the dispatch of the goods will take place.
The seller accepts the cashless payment methods provided by the third party provider PayPal (Europe) S.à r.l. et Cie, S.C.A., in particular payments by credit card and Paypal transfer, as well as direct bank transfer. Cash payments are not accepted unless there is an individual written agreement between the buyer and the seller. Partial payments are not possible.
7 Retention of title
Until the complete payment of the purchase price by the customer, the goods remain the property of the seller and can be demanded by the seller at any time according to general civil law.
The buyer is entitled to the legal warranty rights according to § 932 ABGB after receiving the goods. The transferee (buyer) may demand improvement (rectification of defects or supplement of missing parts), replacement of the goods as well as, if one of the conditions of § 932 ABGB (see next paragraph) is met, a reasonable reduction in payment (price reduction) or cancellation of the contract (rescission).
Initially, the transferee may only demand the improvement or replacement of the object, unless the improvement or replacement is impossible or would involve a disproportionately high expense for the transferor (seller) compared to the other remedies. Whether this is the case also depends on the value of the defect-free item, the severity of the defect and the inconvenience to the transferee associated with the other remedies.
The improvement or replacement shall be effected within a reasonable period of time and with the least possible inconvenience to the transferee, taking into account the nature of the object and its purpose.
If both the improvement and the replacement are impossible or would involve a disproportionately high expense for the transferor, the transferee shall have the right to a price reduction or, if the defect is not merely minor, the right to rescission. The same applies if the transferor refuses or does not carry out the improvement or the exchange within a reasonable period of time, if these remedies would be associated with considerable inconvenience for the transferee or if they are unreasonable for him for valid reasons in the person of the transferor.
The right to a warranty must be invoked in court within two years in the case of movable property. The period begins on the date of delivery of the goods, but in the case of defects in title only on the date on which the defect becomes known to the transferee.
9 Withdrawal from contract
In the following section of the General Terms and Conditions, the Seller fulfils his information obligations pursuant to § 4 para 1 subparas 8, 9 and 10 FAGG in the sense of § 4 para 3 FAGG. The Buyer acknowledges this information by accepting the General Terms and Conditions. The purchaser is entitled to the following statutory withdrawal periods:
Information on the exercise of the right of withdrawal in the case of a contract of sale for the supply of one or more goods in a consignment
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier designated by you took possession of the goods;
In order to exercise your right of withdrawal, you must inform me, Georg Wimmer, Kirchengasse 19/29, 1070 Vienna, + 43 669 17217855, email@example.com, of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter, fax or e-mail). You can use the attached sample revocation form, which is not mandatory.
You may also electronically complete and submit the sample withdrawal form or other unambiguous statement on our website www.panmintpen.com If you make use of this option, we will immediately (e.g. by e-mail) send you confirmation of receipt of such a revocation.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of withdrawal
If you revoke this contract, we shall reimburse to you all payments we have received from you, including delivery charges (other than additional charges resulting from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date we receive notice of your revocation of this contract. We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund.
We may refuse to refund until we have received the goods back or until you have proved that you have returned the goods, whichever is earlier.
You shall return or deliver the goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the revocation of this contract.
This period shall be deemed to have been complied with if you dispatch the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You shall only be liable for any loss in value of the goods if such loss in value is due to a handling of the goods which is not necessary for testing their condition, properties and functionality.
If you wish to cancel the contract, please fill in this form and return it to us.)
– To Georg Wimmer, Kirchengasse 19/29, 1070 Vienna, + 43 669 17217855, firstname.lastname@example.org
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*)
-Ordered on (*)/received on (*)
-address of the consumer(s)
-Signature of the consumer(s) (only for paper communication)
(*) Cross out as appropriate.