General terms and conditions of business
VIVAMAYR Marketing GmbH
Status: April 2021
1. General, Contracting Parties, Scope
1.1 These General Terms and Conditions (“ GTC ”) apply to all offers, deliveries and services of VIVAMAYR
Marketing GmbH (“VIVAMAYR”), in particular for the sale of products
in the webshop operated on the website vivamayr.com/shop (“ Webshop ”). VIVAMAYR provides its services exclusively on the basis of these General Terms and Conditions. VIVAMAYR does not recognize any terms and conditions of the customer that conflict with or deviate from these General Terms and Conditions unless it has expressly agreed to their validity. Contract fulfillment actions by VIVAMAYR do not constitute consent to contractual conditions that deviate from these General Terms and Conditions.
1.2 Orders are only possible for customers with their registered office, place of residence or habitual abode in the European Union, Norway and Switzerland.
1.3 By registering and/or placing an order in the web shop, the customer accepts these General Terms and Conditions and waives the application of any of his own terms and conditions, in particular their defense clauses.
1.4 These Terms and Conditions apply (i) to contracts between VIVAMAYR and customers,
for whom the legal relationship entered into with VIVAMAYR is part of the operation of their business within the meaning of Section 1 Paragraph 2 of the Consumer Protection Act (KSchG) (“ Entrepreneurs ”) and (ii) taking into account the mandatory provisions of the KSchG, also for contracts between VIVAMAYR and customers for whom the legal relationship entered into with VIVAMAYR is not part of the operation of their business within the meaning of Section 1 Paragraph 2 of the KSchG (“ Consumers ”).
1.5 These General Terms and Conditions always apply in the version current at the time of the respective contract conclusion, which is available at our headquarters. The customer can view and download these General Terms and Conditions at any time on the Internet at vivamayr.com/de/agb-onlineshop . At the customer's request, VIVAMAYR will send the General Terms and Conditions by post.
2. Offer, order and conclusion of contract
2.1 The offers, price lists, brochures and other information in the web shop are subject to change, particularly with regard to price, availability and delivery times.
2.2 In the case of transactions with entrepreneurs, minor or other changes to the service or delivery that are reasonable for the customer shall apply.
Delivery obligations are deemed to be approved in advance.
This applies in particular to deviations caused by the goods (e.g. dimensions, colours, wood and veneer pattern, grain and structure, etc.).
2.3 The offers always represent an invitation to the customer to submit a binding offer to VIVAMAYR to conclude a purchase contract by placing an order (“ order ”).
2.4 Ordering in the webshop takes place in the following steps:
- selection of the desired goods
- Entering the login data for registration in the webshop (first name, last name, address, email address, telephone number), after the first registration only a login with email address or user name and password is required
- Display and confirmation of the pre-contractual information for consumers and the general terms and conditions by the customer
- selection of payment and shipping method
- Checking the information in the shopping cart
- Confirmation of the order by clicking the button “order with payment”
- E-mail to the customer with confirmation of receipt, order data, cancellation policy and sample cancellation form
2.5 By submitting an order in the webshop, the customer makes a binding offer to conclude a purchase contract for the goods contained in the shopping cart. By submitting the order, the customer acknowledges the pre-contractual information for consumers and recognizes these General Terms and Conditions as the sole authoritative basis for the legal relationship with VIVAMAYR.
2.6 If goods are ordered electronically (e.g. via the web shop), the customer will receive confirmation of receipt of the order by email to the address provided by the customer when placing the order. However, this confirmation of receipt does not constitute acceptance of the customer's contract offer. It merely serves to inform that the order has been received by VIVMAYR. The declaration of acceptance of the customer's contract offer is made by delivery of the goods or by an express declaration of acceptance.
2.7 VIVAMAYR is entitled to accept or reject the contractual offer contained in the customer’s order within 30 days of receipt of the order.
3. Retention of title
3.1 Goods delivered to the customer remain the property of VIVAMAYR until the purchase price and all additional fees have been paid in full. When the reserved goods are handed over to the customer, the risk is transferred to the customer, in particular the risk of accidental destruction, loss or deterioration.
3.2 The assertion of the retention of title only constitutes a withdrawal from the contract if this is expressly declared. If goods are taken back, VIVAMAYR is entitled to charge any transport and handling costs incurred.
3.3 The customer is obliged to treat the goods with care while the retention of title exists. The customer must inform VIVAMAYR immediately of any access by third parties to the goods subject to retention of title as well as any damage or loss of these goods. The customer is not entitled to dispose of goods subject to retention of title without prior written consent.
to dispose of or encumber the property, in particular to sell, pledge, give away or lend it, without the consent of VIVAMAYR.
3.4 If goods subject to retention of title are seized, the customer must point out VIVAMAYR's right of ownership and inform VIVAMAYR immediately and take all measures to stop the execution. If insolvency proceedings are applied for or opened against the customer's assets, VIVAMAYR is entitled - at its discretion, even while maintaining the contract - to demand the return of the reserved goods and/or to collect them.
4. Right of withdrawal for consumers (right of withdrawal)
4.1 The consumer may withdraw from a contract concluded outside the business premises of the entrepreneur or from a distance contract – unless a statutory exception applies – within fourteen days.
4.2 The withdrawal period shall be fourteen days from the day on which the consumer or a third party other than the carrier designated by him takes possession of the goods or - in the case of separate delivery of goods ordered as part of a single order which are delivered separately - the last good.
4.3 To exercise his right of withdrawal, the consumer must contact VIVAMAYR (VIVAMAYR Marketing GmbH c/o VIVAMAYR Maria Wörth GmbH, Seepromenade 11,
9082 Maria Wörth, Tel +43 4273 31117 , Fax: +43 4273 31117-150 , shop@vivamayr.com ) by means of a clear statement (e.g. letter, fax or e-mail) of his decision to withdraw from this contract. The consumer can also use the sample withdrawal form available at vivamayr.com/shop . To meet the withdrawal deadline, it is sufficient that the notification of the exercise of the right of withdrawal is sent before the deadline has expired.
4.4 If the consumer withdraws from a contract, the payments made by him, including delivery costs (with the exception of the additional costs resulting from the fact that the consumer has chosen a different type of delivery than the cheapest standard delivery offered by us) will be refunded within 14 days from the day on which VIVAMAYR receives the notification of withdrawal.
and the necessary and useful impression made by the consumer on the item
The same means of payment that the consumer used for the original transaction will be used for this refund, unless something else was expressly agreed with the consumer. The consumer will not be charged any fees for this refund. The refund may be refused until
VIVAMAYR has received the goods back or until the consumer has provided evidence that he has returned the goods, whichever is earlier.
4.5 The consumer must return or hand over the goods promptly and in any event no later than fourteen days from the date on which he notifies VIVAMAYR of the cancellation of this contract. This deadline is met if the consumer sends the goods before the expiry of the fourteen-day period. The consumer bears the direct cost of returning the goods.
4.6 The consumer must pay a reasonable fee for the use of the goods, including compensation for any associated reduction in the common value of the goods. This does not include the use of the goods to check their quality, properties and functioning.
4.7 If the consumer finances a contract through a loan and later revokes it, he is no longer bound to the loan agreement, provided that both contracts form an economic unit. This is particularly to be assumed if we are also the consumer's lender or if the consumer's lender uses our cooperation with regard to financing. If the loan has already been paid to us when the revocation takes effect or when the goods are returned, the consumer's lender assumes the responsibility for the loan in relation to the consumer with regard to the
Legal consequences of revocation or return affect our rights and obligations under the financed contract. The latter does not apply if the present contract relates to the acquisition of financial instruments (e.g.
securities, foreign exchange or derivatives). If the consumer wishes to avoid a contractual obligation as far as possible, he should exercise his right of withdrawal and also revoke the loan agreement if he is also entitled to a right of withdrawal for this.
4.8 The right of withdrawal does not apply to goods that are manufactured according to the consumer’s specifications, that are clearly tailored to his personal needs, that due to their
The right of withdrawal does not apply to goods that are not suitable for return due to their nature, that can spoil quickly or whose expiration date has passed (Section 18 Paragraph 1 FAGG). For goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, the right of withdrawal does not apply if the goods have been unsealed after delivery. This also applies to books.
5. VIVAMAYR's right of withdrawal/unjustified withdrawal by the customer
5.1 In the event of default in acceptance or other important reasons, such as default in payment by the customer, VIVAMAYR is entitled to withdraw from the contract if it has not been fully fulfilled by both parties. In the event of withdrawal, VIVAMAYR has the option of claiming a flat-rate compensation of 15% of the
gross invoice amount or compensation for the actual damage incurred. If the customer defaults on payment, VIVAMAYR is released from all further performance and delivery obligations and is entitled to withhold any outstanding deliveries or services and to demand advance payments or securities or to withdraw from the contract after setting a reasonable grace period.
5.2 If the customer withdraws from the contract without being entitled to do so or requests its cancellation, VIVAMAYR has the choice of insisting on the performance of the contract or agreeing to the cancellation of the contract; in the latter case, the customer is obliged to pay, at VIVAMAYR's discretion, a flat-rate compensation of 15% of the gross invoice amount or the actual damage incurred.
6. Prices, shipping costs, payment terms, default interest, reminder and collection fees
6.1 The prices of the goods are listed in the webshop for each individual product. All prices quoted include VAT at the statutory rate. If the VAT rate changes, the price will be changed accordingly.
6.2 The prices do not include shipping costs. Shipping is at the customer's expense. Shipping costs depend on the weight of the delivery and the destination country. The shipping costs are visible
at www.vivamayr.com/de/versand-zahlungsbedinungen
6.3 In the case of delivery to a non-EEA country, the customer must bear all import and export costs including any customs duties, fees and taxes.
6.4 The customer can pay for the goods by credit card (Visa or Mastercard), Paypal, mpay24 and stripe. When paying by credit card, the customer's account will be debited upon completion
the order. VIVAMAYR reserves the right not to offer certain payment methods for each order and to refer to other payment methods. After the invoice amount has been reserved on the customer's credit card account, VIVAMAYR will process the order within the delivery period.
6.5 Should the customer default on payment, VIVAMAYR shall be entitled, at its discretion, to demand compensation for the actual
incurred damages or interest on arrears at the statutory rate. For consumers, this is 4% pa, for businesses: 9.2% pa above the base interest rate. In the event of late payment by the customer, VIVAMAYR is entitled to demand compound interest from the day the goods are handed over.
6.6 In the event of late payment, the customer undertakes to reimburse VIVAMAYR for reminder and collection costs incurred, insofar as they are necessary for appropriate legal action. In the case of business transactions, this includes a flat rate of EUR 40 as compensation for collection costs in accordance with Section 458 of the Austrian Commercial Code (UGB). The assertion of further rights and claims remains unaffected.
7. Shipping
7.1 VIVAMAYR is only obliged to perform the service once the customer has fulfilled all of its obligations that are necessary for execution.
7.2 Performance/delivery periods and dates are only binding for VIVAMAYR if they have been expressly agreed as such. Unless otherwise stated in the order confirmation, VIVAMYR will deliver goods in stock within five working days of receipt of the order.
the shipment. If ordered goods are not in stock, customers will be informed of the delivery times as soon as possible. For goods that are manufactured to order, the delivery times are stated in the product description. VIVAMAYR is entitled to exceed the agreed dates and delivery times by up to one week. Only
After expiry of this period, the customer is entitled to withdraw from the contract after setting a reasonable grace period.
7.3 Delivery is made by Österreichische Post AG and DPD to
the address provided by the customer when ordering. If the information provided is incorrect, incomplete or unclear, the customer will bear the costs of unsuccessful delivery and any additional costs resulting from this.
7.4 Partial deliveries are permitted.
7.5 When the goods are made available to the customer on the arriving means of transport, the risk of loss or damage to the goods passes to the customer. The same applies if the customer defaults on acceptance.
7.6 If the customer has not accepted the goods as agreed (delay in acceptance), VIVAMAYR is entitled, after setting an unsuccessful grace period of at least seven days, to store the goods either at its own premises, for which VIVAMAYR may charge a storage fee of 0.1% of the gross invoice amount per calendar day or part thereof, or at an authorized commercial company at the customer's expense and risk. At the same time, VIVAMAYR is entitled to either insist on contract fulfilment or, after setting an appropriate,
to withdraw from the contract and to otherwise dispose of the goods after a grace period of at least two weeks.
7.7 VIVAMAYR bears all risks associated with transport to the named location. The transport of the goods to the rooms designated by the customer is not included.
8. Warranty
8.1 The statutory warranty provisions apply to consumers. A warranty period of six months applies to businesses.
Complaints based on statutory warranty claims or other complaints can be addressed to the following address:
VIVAMAYR Maria Wörth GmbH, Seepromenade 11, 9082 Maria Wörth / shop@vivamayr.com / +43 4273 31117
8.2 VIVAMAYR does not provide any guarantees to customers in the legal sense. Manufacturer guarantees remain unaffected by this. References to any existing manufacturer guarantees can be found with the goods in the web shop.
9. Liability and Damages
9.1 All claims for damages are excluded in cases of minor negligence. This does not apply to personal injuries or – in the case of consumer transactions – to damage to the items taken over for processing. The injured party must prove the existence of minor or gross negligence, unless it is a consumer transaction.
9.2 In the case of entrepreneurs, compensation for consequential damages and financial losses, lost profits, savings not achieved, loss of interest and damages arising from third-party claims is excluded – unless mandatory law precludes this – and the
VIVAMAYR’s liability for compensation is limited to the amount of payments made by the customer to VIVAMAYR under the concluded contract.
9.3 The provisions on compensation for damages contained in these Terms and Conditions or otherwise agreed shall also apply if the
A claim for damages is asserted in addition to or instead of a warranty claim.
10. Right of retention
If the transaction is not a consumer transaction, the customer is not entitled to retain the entire gross invoice amount in the event of a justified complaint, except in cases of reversal, but only a reasonable part of it.
11. Data Protection
Information on data protection can be found in the data protection information on the website at http://www.vivamayr.com/datenschutz-onlineshop
12. Copyright and trademark rights
12.1 The product and service names used on the website and in the web shop are protected by trademark law, trade mark law, copyright law and/or competition law.
12.2 The copyright for published objects on the website created by VIVAMAYR remains solely with VIVAMAYR. In particular, all texts, graphics and other documents are protected by copyright; use is only permitted with the express written permission of VIVAMAYR.
13. Place of performance, place of jurisdiction, choice of law, contract language, alternative dispute resolution
13.1 The place of performance is the registered office of VIVAMAYR.
13.2 The contracting parties agree that the place of jurisdiction for all disputes arising directly or indirectly from the contract shall be Austrian domestic jurisdiction. If this is not a consumer transaction, the court with jurisdiction at the registered office of VIVAMAYR shall have exclusive local jurisdiction to decide all disputes arising from this contract.
13.3 These General Terms and Conditions and the contracts concluded between VIVAMAYR and customers are subject to Austrian substantive law, excluding the reference rules of international private law (e.g. Rome Convention, Rome I Regulation) and the UN Convention on Contracts for the International Sale of Goods. This choice of law only applies to consumers insofar as it does not result in any
mandatory provisions of the State in which he has his domicile or habitual residence.
13.4 The contract language is German.
13.5 To resolve disputes arising from online sales contracts or online service contracts, the European Commission has set up an online dispute resolution (ODR) platform. This can be found under the link
It can be used to settle disputes out of court arising from a purchase contract concluded online with VIVAMAYR.
The complaint can also be submitted directly to VIVAMAYR at the following email address:
14. Final provisions
14.1 Should any of the provisions of these Terms and Conditions be or become legally ineffective, invalid and/or void during their term, this shall not affect the legal effectiveness and validity of the remaining provisions. In this case, this provision shall be replaced by a
effective provision which (i) in the case of consumers is provided for by law or (ii) in the case of entrepreneurs, the
comes closest to its original purpose in terms of its economic impact.
14.2 All declarations of a legally binding nature arising from this contract must be made in writing to the last known address of the other contracting party. If a declaration is made to the last
If the message is sent to an address provided in writing, it shall be deemed to have been received by the respective contractual partner.
14.3 The assignment of individual rights or obligations is only permitted with the written consent of the other contracting party.
14.4 Insofar as VIVAMAYR's website contains links to other websites, VIVAMAYR has no influence on the design and content of the linked pages. VIVAMAYR expressly distances itself from all content of all linked third-party websites. This declaration applies to all links displayed and to all content of the pages to which links lead.
14.5 The headings chosen for the individual chapters are for the sole purpose of clarity and are
therefore not to be used for the interpretation of this contract.
14.6 The customer agrees to receive messages for advertising purposes within the meaning of Section 107 of the Telecommunications Act from VIVAMAYR or from companies commissioned by VIVAMAYR for this purpose. This consent can be revoked by the customer at any time at ( shop@vivamayr.com ).