Terms of Service
Driftwoodliving - It always starts with a vision
Driftwoodliving, owners: Daniela and Franz Griesbacher, Tattenbachstraße 22/2/11, 4060 Leonding, Austria in the series "Driftwoodliving", specializes in the production and design of individual goods from driftwood specialized.
These general terms and conditions (hereinafter referred to as "GTC") deal with trading via the webshop on the following page: https://www.driftwood-living.com/.
These terms and conditions can also be used in offline trading, i.e. when the transaction is not concluded at a distance.
The customers are usually consumers within the meaning of Section 1 Paragraph 1 Item 2 KSchG, but occasionally also entrepreneurs within the meaning of Section 1 Paragraph 1 Item 1 KSchG.
For the purpose of better readability, no gender-specific differentiation is made. This happens without any intention to discriminate.
All business relationships between Driftwoodliving and the customer are subject to these terms and conditions in the version applicable at the time of the conclusion of the transaction. These terms and conditions supersede any general terms and conditions of the customer.
These terms and conditions can be permanently saved and / or printed out by the customer for the purpose of online ordering.
Contract, order and business language is German.
In principle, Driftwoodliving only offers its services to people with a (residential) seat in Austria. This for logistical, linguistic and economic reasons and without any intention to discriminate. Services outside this area can be processed on separate request.
In order to be able to obtain services and goods electronically from Driftwoodliving, customers may have to register in the online shop. The customer is obliged to provide true and complete information in the course of the business relationship and to keep his data up to date at all times. He must treat his data confidentially and protect it from unauthorized access. If the customer suspects abuse by third parties, he must inform Driftwoodliving immediately.
The customer must refrain from all measures that could endanger or impair the technical availability of the online shop (including cyber attacks). Such behavior will be prosecuted.
Offer and conclusion of contract
By clicking the button “Order with obligation to pay”, the customer submits a binding offer to conclude a contract with Driftwoodliving. Driftwoodliving is not obliged to accept this offer. Before finally submitting an order, the customer has the opportunity to check it for any errors and correct them if necessary.
Driftwoodliving confirms receipt of an offer to the customer by email to the address provided by the customer ("order confirmation"). This email does not constitute acceptance of Driftwoodliving's offer.
Driftwoodliving reserves the right to check the feasibility of the request within three working days.
Driftwoodliving can accept offers by confirming the purchase of the offer in a further email ("order confirmation") or by sending the ordered goods. Only then does the contractual relationship with the customer come about.
The products are sent within Austria within three to five working days of the conclusion of the contract. Please note, however, that products generally require a processing time of two days.
If Driftwoodliving is prevented from complying with the delivery deadline due to force majeure (e.g. natural disasters or epidemics) or delivery bottlenecks from third parties, Driftwoodliving will inform the customer as soon as possible. In these cases, this delivery period is extended by the duration of the continuation of the events.
If an order is placed through the shop, Driftwoodliving assumes that the customer represents the customer in a legally effective manner and is legitimized to place the order (proxy power of attorney).
The prices listed in the shop are in EUR.
It is pointed out that Driftwoodliving is exempt from sales tax due to the small business regulation according to § 6 Abs 1 Z 27 UstG. The amounts stated at the time of the order apply. Driftwoodliving informs the customer again about the prices, taxes and shipping costs in the order summary before completing the order.
In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases for which Driftwoodliving is not responsible and which are to be borne by the customer. These include, for example, costs for money transfer by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties).
The payment methods accepted by Driftwoodliving are listed in the webshop.
Further information on payment and shipping can be found on our website at: https://www.driftwood-living.com/.
In the case of self-collection, Driftwoodliving first informs the customer that the goods he has ordered are ready for collection. After receiving this message, the customer can pick up the goods at the Driftwoodlivings headquarters after consultation with Driftwoodliving. In this case, no shipping costs will be charged. Collection from the shop is possible by appointment: 0699 10 21 02 76.
Payment is made by bank transfer to the account provided by Driftwoodliving. Whether the payment is made in installments or once (target obligation) depends on the agreement between Driftwoodliving and the customer.
The claims of Driftwoodliving are due with the billing. If the claims are not paid within seven days, Driftwoodliving will demand 4% per year of statutory default interest from the due date. In the event of default, the customer undertakes to reimburse Driftwoodliving for the reminder and collection costs, insofar as they are necessary for appropriate legal prosecution. If the customer is an entrepreneur, § 456 and § 458 UGB apply.
Driftwoodliving asks - without prejudice to the right of withdrawal within the meaning of point 8 and any warranty rights - the customer to complain about delivered goods with obvious transport damage to the deliverer and to inform Driftwoodliving of this.
Right of withdrawal according to FAGG
This right of withdrawal only applies to consumers.
This right of withdrawal expressly does not apply to goods that are manufactured according to customer specifications or that are clearly tailored to personal needs.
The customer has the right to revoke his contractual declaration or a contract that has already been concluded within fourteen days without giving reasons if the contract was concluded electronically. The cancellation period is fourteen days from the day on which the consumer or a third party named by the consumer who is not acting as a carrier takes possession of the goods.
In order to exercise the right of cancellation, the customer must inform Driftwoodliving of the decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post or email). The customer can use the model withdrawal form for this, which is listed in Appendix IB of the Distance and Foreign Business Act ( https://www.ris.bka.gv.at/GeltendeFnahm.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20008847 ) and also can be found on the Driftwoodliving website.
A declaration of revocation must be sent to the following address:
Daniela and Franz Griesbacher
Telephone number. 0699 10210276
In order to meet the cancellation deadline, it is sufficient for the customer to send the notification of the exercise of the right of cancellation before the cancellation period has expired. If this option is used, a confirmation of receipt of such a revocation will be sent to the customer. If the customer cancels the contractual declaration or an already concluded contract, Driftwoodliving has all payments that it has already received from the customer, including the delivery costs (with the exception of the additional costs resulting from the fact that the customer uses a different type of delivery than the has chosen cheap standard delivery offered by Driftwoodliving) immediately and at the latest within fourteen days from the day on which the notification of the cancellation of this contract was received by Driftwoodliving. For the repayment, Driftwoodliving uses the same means of payment that the customer used in the original transaction.
The customer bears the direct costs of the return. If a loss in value of a commodity is due to the fact that the commodity has been used in a way that is not necessary for checking the quality, the customer is responsible for this loss of value.
Driftwoodliving is not responsible if it cannot meet its obligations from the contractual relationship due to circumstances for which it or a vicarious agent is not responsible. This applies, among other things, to the lack of availability of energy or telecommunications services as well as due to force majeure.
All goods delivered by Driftwoodliving remain their property until they have been paid for in full. A sale of the goods by the customer to a third party before they have been paid for in full requires the prior consent of Driftwoodliving.
If the customer has not accepted the goods as agreed (default of acceptance), Driftwoodliving is entitled to either store the goods, for which an appropriate storage fee can be charged for each calendar year or part thereof, or to deposit them in court at the customer's expense and risk.
Exclusion of liability for third-party content
Driftwoodliving is not liable for third-party information that is opened by means of an electronic reference (link). As soon as Driftwoodliving becomes aware or becomes aware that there is a link to illegal information, Driftwoodliving will delete this link immediately.
Liability for compensation and warranty
The liability of Driftwoodliving for slight negligence is excluded. The amount of liability is limited to the typically foreseeable damage when the contract was concluded.
This limitation of liability does not apply to personal injury or to damage under the Product Liability Act.
Driftwoodliving offers no guarantee that the photos published in the shop are identical to the goods actually delivered.
The risk of loss or damage to the goods (only then) passes to a consumer when he or a third party authorized by him to receive it (who is not the carrier) has taken possession of the goods.
Data protection and protection of business and trade secrets
The transfer of data and information to the respective required business partners is permitted to the extent necessary to fulfill the contractual relationship (Art 6 Paragraph 1 lit b GDPR). Otherwise, the contracting parties are obliged to maintain secrecy about the circumstances and data related to the other, which they become aware of due to the present business relationship, and in particular to observe data secrecy. These data and business secrecy obligations also apply beyond the contractual relationship.
Driftwoodliving draws attention to the fact that customer data can be processed for advertising purposes based on legitimate interests (Art 6 Paragraph 1 lit f GDPR). The customer can object to this form of data processing at any time (Art 21 Paragraph 2 GDPR).
Further information on the processing of personal data can be found in the data protection declaration.
Involvement of vicarious agents
Driftwoodliving can use vicarious agents to fulfill its obligations from this contract.
Place of jurisdiction, applicable law and dispute resolution
This contractual relationship is based on Austrian law and this is deemed to have been agreed. However, this choice of law must not lead to the consumer being deprived of the protection afforded by the mandatory regulations of his country of residence (cf. Art 6 (2) Rome I Regulation).
The application of the United Nations Convention on the International Sale of Goods (UN Sales Convention) and reference standards are excluded. The exclusive place of jurisdiction is Linz. If the customer is a consumer and has his domicile or habitual abode in Germany or is employed in Germany, the customer can only be sued before those courts in whose district his place of residence, his habitual residence or his place of employment is located.
The place of performance is the seat of Driftwoodliving.
It is based on the possibility of a dispute settlement through an online dispute resolution platform (Art 14 Abs 1 S 1 ODR-VO) ( https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2 .show & lng = DE ) and national consumer arbitration boards. Driftwoodliving is ready to participate in a dispute settlement procedure before a consumer arbitration board.
Duration of the contractual relationship
The contractual relationship with the customer begins with the conclusion of the contract. If a one-time service is owed (target obligation), the contractual relationship ends when the mutually owed services have been fully provided. If a continuing obligation is owed, this can be terminated with a fourteen-day notice period to the last of a month without giving reasons. This does not affect the right to extraordinary termination at any time.
Redemption of action cards
Vouchers that are handed out by Driftwoodliving free of charge with a certain period of validity can only be redeemed within the specified period.
Vouchers are transferable. Driftwoodliving can pay the respective owner who redeems the voucher with a discharging effect.
If part of these conditions should be ineffective, the validity of the remaining conditions will not be affected. The ineffective condition is to be replaced by an effective condition that comes as close as possible in economic terms to the will of both contracting parties identified in the agreement.
Changes to these conditions and additions to them are only valid if they have been agreed and signed in writing.
Driftwoodliving recommends that the customer save these terms and conditions permanently.
Imprint according to § 5 ECG, § 25 MedienG and § 14 UGB:
Owners: Daniela and Franz Griesbacher
Telephone number. 0699 10210276
Member of the Austrian Chamber of Commerce
RIS - Trade Regulations 1994 - Consolidated Federal Law, version dated December 11, 2020 (bka.gv.at)
UID: Small business regulation according to § 6 Abs 1 Z 27 UstG
Object of the company: [Li applied arts]
Author: Attorney Dr. Tobias Tretzmüller, LL.M., www.digital-recht.at .
A copy of these terms and conditions, or even parts thereof, requires the consent of the author.