Terms of service

I. General Terms and Conditions

§ 1 Basic Provisions

  1. The following terms and conditions apply to all contracts that you conclude with us as the provider (David Ressler) via the website www.duqit.at, unless otherwise agreed. The inclusion of any of your own terms and conditions is hereby expressly rejected.

  2. A consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business, or profession. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the Contract

  1. The subject of the contract is the sale of goods.

  2. By placing the respective product on our website, we make you a binding offer to conclude a contract for that item under the conditions specified in the product description.

  3. The contract is concluded via the online shopping cart system as follows:
    The goods intended for purchase are placed in the "shopping cart." You can access the shopping cart at any time via the corresponding button in the navigation bar and make changes there.
    After clicking the button “Checkout” (or similar designation) and entering your personal data as well as payment and shipping information, the order details are displayed again as an order summary.

    If you use an instant payment method (e.g., PayPal, Amazon Pay, Sofort, or Klarna), you will either be redirected to the order overview page on our online shop or to the website of the instant payment provider.
    On the provider’s website, you may need to select or confirm your payment details. You will then see the order summary either on the provider’s website or after being redirected back to our shop.

    Before submitting the order, you can review and change your information (also using your browser’s “Back” button) or cancel the order.
    By submitting the order via the relevant button (“Buy now,” “Place order,” “Complete purchase,” or similar wording), you declare your legally binding acceptance of the offer, thereby concluding the contract.

  4. Your inquiries regarding the preparation of an offer are non-binding. We will send you a binding offer in text form (e.g. by email), which you can accept within five (5) days, unless another acceptance period is stated in the offer.

  5. Order processing and communication in connection with contract conclusion are carried out by email, partly automated. You must ensure that the email address provided to us is correct and that receipt of emails is technically possible and not prevented by spam filters.

§ 3 Special Agreements on Offered Payment Methods

  1. Payment via Klarna
    In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna"), we offer the following payment options:

    • Sofortüberweisung (“Pay Now”)

    More information about Klarna and Klarna’s terms of use for Germany can be found at:
    https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user
    and https://www.klarna.com/de/.

  2. Payment via PayPal / PayPal Checkout
    When selecting a payment method offered via “PayPal” or “PayPal Checkout,” the payment processing is carried out by PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22–24 Boulevard Royal, L-2449 Luxembourg; “PayPal”).
    The available payment methods through PayPal are displayed during checkout and on our website. PayPal may use third-party payment services for transaction processing; if additional conditions apply, you will be notified separately.
    More information about PayPal can be found at:
    https://www.paypal.com/de/webapps/mpp/ua/legalhub-full

  3. Payment via Stripe
    When selecting a payment method offered via “Stripe,” payment processing is carried out by Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; “Stripe”).
    The available payment methods via Stripe are displayed on our website and during checkout. Stripe may use third-party payment processors; if special conditions apply, you will be notified separately.
    More information about Stripe can be found at:
    https://stripe.com/de

§ 4 Right of Retention, Retention of Title

  1. You may exercise a right of retention only insofar as it relates to claims arising from the same contractual relationship.

  2. The goods remain our property until full payment of the purchase price has been made.

§ 5 Warranty

  1. The statutory warranty rights apply.

  2. As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, or transport damage and to notify us and the carrier of any complaints as soon as possible.
    Failure to do so does not affect your statutory warranty rights.

  3. If any feature of the goods deviates from objective requirements, such deviation shall only be deemed agreed if you were informed of it prior to submitting your contractual declaration and it was expressly and separately agreed between the parties.

§ 6 Choice of Law

  1. The law of the Republic of Austria shall apply. For consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which they habitually reside (principle of favorability).

  2. The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) expressly do not apply.

II. Customer Information

1. Identity of the Seller

David Ressler
Dorf 230a
6521 Fließ
Austria
Phone: +43 650 3253963
Email: shop@duqit.at

Alternative Dispute Resolution:
The European Commission provides a platform for online dispute resolution (ODR), available at:
https://ec.europa.eu/consumers/odr

We are not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.

2. Information on the Conclusion of the Contract

The technical steps leading to the conclusion of the contract, the conclusion itself, and the options for correcting input errors are set out in the section "Conclusion of the Contract" of our General Terms and Conditions (Part I).

3. Contract Language and Storage of the Contract Text

3.1. The contract language is German.

3.2. The full contract text is not stored by us. Before submitting the order through the online shopping cart system, you can print or electronically save the contract data using your browser’s print function. After we receive your order, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.

3.3. For quotation requests outside the online shopping cart system, you will receive all contract details as part of a binding offer in text form (e.g. by email), which you can print or save electronically.

4. Essential Characteristics of Goods or Services

The essential characteristics of the goods and/or services can be found in the respective product description.

5. Prices and Payment Terms

5.1. The prices listed in the respective offers and shipping costs represent total prices. They include all price components, including all applicable taxes.

5.2. Shipping costs are not included in the purchase price. They are displayed on our website under a correspondingly labeled button, during checkout, and must be borne by you unless free shipping has been agreed.

5.3. Any costs incurred in transferring money (e.g. bank transfer or exchange rate fees) are to be borne by you if delivery is made to an EU Member State but payment is initiated outside the EU.

5.4. The available payment methods are displayed under a correspondingly labeled button on our website or in the respective offer.

5.5. Unless otherwise stated for the respective payment methods, payment claims arising from the concluded contract are due immediately.

6. Delivery Terms

6.1. The delivery terms, delivery date, and any delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

6.2. If you are a consumer, it is legally stipulated that the risk of accidental loss or accidental deterioration of the sold goods passes to you only upon delivery of the goods, regardless of whether the shipment is insured or uninsured.
This does not apply if you have independently commissioned a transport company not named by the trader or a person otherwise designated to carry out the shipment.

7. Statutory Warranty Rights

The liability for defects is governed by the "Warranty" clause in our General Terms and Conditions (Part I).

These General Terms and Conditions and Customer Information have been created by lawyers specializing in IT law and are continuously reviewed for legal compliance. The Händlerbund Management AG guarantees the legal security of these texts and assumes liability in case of warnings (Abmahnungen). Further information can be found at:
https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service

Last updated: 22 October 2024