Version 20.05. 1018
1. APPLICATION AND CHANGES
2. CONSUMERS AND ENTREPRENEURS
3. ESSENTIAL CHARACTERISTICS OF THE GOODS
4. CONVENTION OF A CONTRACT
5. RIGHT OF RETENTION AND OWNERSHIP
7. APPLICABLE LAW AND JURISDICTION
8. YOUTH PROTECTION
9. PRICES AND SHIPPING COSTS
10. DELIVERY CONDITIONS
12. DATA PROTECTION
These terms and conditions, hereafter the GTC, apply to the entire business relationship between the customer and Cyber-Media ltd, even if not expressly referred to. They apply without special notice also for subsequent offers and contracts. Decisive is the valid version at the time of the conclusion of the contract.
Deviations from the terms and conditions as well as other supplementary agreements with the customer are only legally effective if they have been agreed with Cyber-Media ltd, explicitly and in writing.
Any terms and conditions of the customer will not be accepted, even if they are known, unless otherwise agreed in individual cases and in writing. Terms of the customer contradicts the Fa. Cyber Media ltd, express. Another objection to the terms and conditions of the customer by the company Cyber Media ltd, it does not need.
Changes to the terms and conditions will be announced to the customer and shall be deemed agreed if the latter does not object in writing to the changed terms and conditions within 14 days. The customer is expressly informed of the importance of silence in the communication.
Should individual provisions of these GTC be ineffective, this shall not affect the binding nature of the remaining provisions and the contracts concluded on their basis. The ineffective provision shall be replaced by an effective one which comes closest to the purpose.
A consumer within the meaning of the following rules is any natural person who concludes a legal transaction for purposes which can not be attributed to his commercial or independent professional activity.
An entrepreneur is any legal person or a legal partnership that, in the course of entering into a legal transaction, acts in the exercise of its independent professional or commercial activity.
3. ESSENTIAL CHARACTERISTICS OF THE GOODS
The main features of the goods can be found in the item description and in the supplementary information at the Internet address www.hotlivedoll.com. The offers are not-binding and non-binding unless they have been expressly designated as binding.4. CONVENTION OF THE TREATY
4.1 The object of the contract is the sale of goods.
4.2 The posting of our products on our website www.hotlivedoll.com does not constitute a binding offer to conclude a contract.
4.3 The contract is concluded via the online shopping cart system as follows.
The goods intended for purchase are stored in the “shopping cart”. Via the corresponding button in the navigation bar, you can call up the “shopping cart” and make changes there at any time.
After opening the “Cashier” page and entering the personal data as well as the payment and shipping conditions, all order data will be shown on the order summary page.
Insofar as you use a Sofortzahl system as the payment method, you will either be directed to the order summary page in our online shop or you will first be redirected to the Internet site of the provider of the Sofortzahl system.
If the forwarding to the respective instant payment system takes place, make the appropriate selection or input of your data there. Finally, you will be directed back to our online shop on the order overview page.
Before submitting the order, you have the opportunity to review all information here again to change, also via the function “back” of the Internet browser or cancel the purchase.
By submitting the order via the “Order Paid” button you declare legally binding the acceptance of the offer, whereby the contract is concluded.
4.4 Your inquiries for the preparation of an offer are not binding for you. We will make you a binding offer in text form (for example by e-mail), which you can accept within 5 days.
4.5 The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You therefore have to ensure that the e-mail address you provide us with is correct, that the reception of the e-mails is technically ensured and in particular not through SPAM filters. a firewall or a proxy server is prevented.
A right of retention can only be effectively exercised by the buyer, as far as claims from the same contractual relationship or legal relationship are concerned.
The goods remain the property of the company Cyber-Media ltd until full payment of the purchase price.6. DISCLAIMER
For consequential damages, in particular for financial losses, loss of production, lost profits, interest losses, omitted savings and damages from claims of third parties, a disclaimer is expressly and irrevocably agreed between the customer and the company Cyber-Media ltd.
For consequential damages, the disclaimer applies even after expiry of the warranty period as expressly and irrevocably agreed.
For the violation of minor contractual obligations as well as slightly negligent breaches of duty, a disclaimer is expressly and irrevocably agreed.
The data communication via the Internet can be guaranteed neither error-free nor available at any time according to the current state of the art. Especially because it depends on third parties.
For damages and consequential damages from the short-term or longer failure of the websites of www.hotlivedoll.com and the services offered there, a disclaimer is expressly and irrevocably agreed.
The above disclaimers apply to the same extent in favor of employees, agents and vicarious agents of the company Cyber Media ltd ,.
7. APPLICABLE LAW AND JURISDICTION
The contract and all derived reciprocal rights and obligations as well as claims between the company Cyber-Media ltd, and the customer are subject to the Austrian substantive law excluding its referral norms and to the exclusion of the UN sales law.
The place of jurisdiction for all legal disputes between Cyber-Media ltd. And the customer in connection with this contractual relationship is the place of jurisdiction of the company Cyber-Media ltd. Regardless, the company Cyber-Media ltd, is entitled to sue the customer at his place of jurisdiction.
Insofar as names referring to natural persons in this contract are given in masculine form only, they refer to women and men in the same way. When applying the term to certain natural persons, the gender-specific form must be used.
8.1 In the sale of goods that are subject to the provisions of the Youth Protection Act, we only enter into contractual relationships with customers who have reached the statutory minimum age.
Existing age restrictions are indicated in the respective article description.
8.2 By submitting his order, the customer confirms that he has reached the statutory minimum age and that all information given by him, in particular his name and address, are correct. The customer undertakes to either personally accept the goods or to commission a person who has reached the statutory minimum age.
The prices quoted in the respective offers and the shipping costs are non-binding total prices. They include all price components including all applicable taxes.
The shipping costs are not included in the purchase price. They can be called up via an appropriately designated button on our website or in the respective offer, will be shown separately in the course of the order process and are to be borne by you in addition, unless the free shipping delivery is promised.10. DELIVERY CONDITIONS
The terms of delivery, the delivery date and any existing delivery restrictions can be found without obligation under a correspondingly designated button on our website or in the respective offer.
Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold will only be transferred to you upon delivery of the goods during the shipment, irrespective of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the contractor or any other person designated to carry out the shipment.
We stand for quality and give you with proper use, regular cleaning and following our care instructions the promise that you can enjoy your hotlivedoll long and will. Due to the fact that it concerns a hygiene article, however, a guarantee after use and / or removal of the sealing is excluded.12. DATA PROTECTION
The customer agrees unreservedly and unreservedly that his personal data, in particular name, company, occupation, date of birth, commercial register number, powers of representation, business address, other addresses, telephone number, fax number, e-mail, bank details and UID number for the purpose of contract performance and support as well as for own advertising purposes, for example for the sending of offers, advertising leaflets and newsletters in paper and electronic form as well as for the purpose of the reference to the existing or former business relationship automationsunterstützt determined, stored and processed.
The customer agrees that electronic mail can be sent for advertising purposes until further notice.
This consent can be revoked by the customer at any time in writing by e-mail, fax or letter to the company address stated in the imprint.