General terms and conditions with customer information

Table of contents

1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Applicable law
9. Code of conduct
10. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Kurt Jelinek, trading as "hat-line" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 For the purposes of these Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. A business entity, for the purposes of these Terms and Conditions, is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions in the seller's online shop do not constitute binding offers from the seller, but serve as product information for the customer. The seller reserves the right to make product changes without prior notice. Product images may differ from the actual product.

2.2 The customer can accept the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding offer to purchase the goods in the shopping cart by clicking the button that finalizes the order.

2.3 The seller can accept the customer's offer within five days.

• by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or
• by requesting payment from the customer after they have placed their order.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.

2.4 When a payment method is selected, the payment processing takes place via the selected payment method.

2.4.1 For advance payment orders, the customer pays for the goods via bank transfer within five business days. Upon completion of the purchase, the customer immediately receives an order confirmation including the buyer's name and address, order number, purchase price, and the seller's bank details. If the purchase price is not transferred within five business days – and is not visible in the seller's account – the order will be canceled. The goods will only be shipped after payment has been received.

2.4.2 When selecting Credit Card (Stripe), SEPA Direct Debit (SEPA), or SOFORT as your payment method, the terms of service listed by Stripe apply. Stripe's general terms and conditions can be found at [link to Stripe terms and conditions]. https://stripe.com/de/ssa . If the customer selects "one of the specified payment methods" as the payment method during the online ordering process, the customer issues the corresponding payment order. In this case, the seller hereby declares acceptance of the customer's offer at the moment the customer initiates the payment process by clicking the "Place order" button.

2.5 When an offer is submitted via the seller's online order form, the contract text is stored by the seller after the contract is concluded and sent to the customer in text form (e.g., email, fax, or letter) after the order has been placed. The seller does not make the contract text available in any other way. If the customer has created a user account in the seller's online shop before placing their order, the order data is archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account using the corresponding login details.

2.6 Before submitting a binding order via the seller's online order form, the customer can identify potential input errors by carefully reading the information displayed on the screen. A useful technical aid for better error detection is the browser's zoom function, which enlarges the screen display. The customer can correct their entries during the electronic ordering process using standard keyboard and mouse functions until they click the button to finalize the order.

2.7 The German language is the only language available for concluding the contract.

2.8 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at that address. In particular, if using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information regarding the right of withdrawal can be found in the seller's cancellation policy.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices, including statutory VAT. Delivery and shipping costs are listed separately in the respective product description.

4.2 The payment option(s) will be communicated to the customer in the seller's online shop.

4.3 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.4 When selecting the payment method "SOFORT," payment processing is handled by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To pay the invoice amount via "SOFORT," the customer must have an online banking account enabled for participation in "SOFORT," authenticate themselves accordingly during the payment process, and confirm the payment instruction to "SOFORT." The payment transaction is then executed immediately by "SOFORT," and the customer's bank account is debited. Further information about the "SOFORT" payment method can be found online at [website address missing in original text]. Access https://www.klarna.com/sofort/ .

5) Delivery and shipping conditions

5.1 Unless otherwise agreed, goods will be delivered to the delivery address provided by the customer. The delivery address specified in the seller's order processing system is decisive for the transaction. However, if PayPal is selected as the payment method, the delivery address registered with PayPal by the customer at the time of payment will apply.

5.2 If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the shipping costs if the customer effectively exercises their right of withdrawal. Regarding return shipping costs, the provisions set forth in the seller's cancellation policy apply if the customer effectively exercises their right of withdrawal.

5.3 For self-collection, the seller will first inform the customer by email that the ordered goods are ready for collection. After receiving this email, the customer can collect the goods from the seller's premises by prior arrangement. In this case, no shipping costs will be charged.

6) Retention of title

If the seller makes advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

7.1 If the purchased item is defective, the provisions of the statutory warranty for defects apply.

7.2 Customers are requested to report any delivered goods with obvious transport damage to the delivery person and to inform the seller. Failure to do so will not affect the customer's statutory or contractual warranty rights.

8) Applicable Law

All legal relations between the parties shall be governed by the laws of the Republic of Austria, excluding the laws on the international sale of goods. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.

9) Code of Conduct

The seller has agreed to the terms and conditions of participation for the eCommerce initiative "Fairness in Trade", which can be found online at https://www.fairness-im-handel.de/teilnahmebedingungen/ are visible.

10) Alternative Dispute Resolution

10.1 The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

10.2 The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.