TERMS OF SERVICE

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1. Scope
1.1. For the business relationship between NEIGHBOR ONLINE, owner: Daniela Bittner-Nightingall, Gumpendorferstrasse 17, 1060Wien (hereinafter "seller") and the customer (hereinafter "customer"), the following general terms and conditions apply exclusively in the version valid at the time of the order.
1.2. You can reach our customer service for questions, complaints and complaints Tuesday to Friday from 11:00 AM to 4:00 PM and on the telephone number 43 1 587 21 69 as well as by email at sales@nachbarin.co.at.
1.3. A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that can predominantly neither be attributed to their commercial nor their independent professional activity.
1.4. Deviating conditions of the customer will not be recognized, unless the seller expressly agrees to their validity.

 

2. Offers and service descriptions
2.1. The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order on the seller's website does not have the character of an assurance or guarantee.
2.2. All offers are valid "while stocks last", unless something else is noted for the products. Otherwise errors remain reserved.

 

3. Order process and conclusion of contract
3.1. The customer can choose non-binding products from the seller's range and collect them in a so-called shopping cart using the [add to shopping cart] button. The product selection can be changed, e.g. deleted, within the shopping cart. The customer can then use the [Checkout] button in the shopping cart to complete the ordering process.
3.2. Via the [order] button, the customer submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and use the browser function "back" to return to the shopping cart or cancel the order process altogether. Required information is marked with an asterisk (*).
3.3. The seller then sends the customer an automatic confirmation of receipt by e-mail in which the customer's order is listed again and which the customer can print out using the "Print" function (order confirmation). The automatic confirmation of receipt only documents that the customer's order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded when the seller sends, hands over or dispatches the ordered product to the customer within 3 working days has confirmed the customer within 3 working days with a second email, an explicit order confirmation or sending the invoice.
3.4. If the seller enables prepayment, the contract is concluded with the provision of the bank details and payment request. If, despite the due date, the seller has not received the payment by 10 calendar days after sending the order confirmation, even after a renewed request, the seller withdraws from the contract with the result that the order lapses and the seller has no delivery obligation. The order is then completed for the buyer and seller without any further consequences. A reservation of the article for prepayment is therefore made for a maximum of 10 calendar days.

 

4. Prices and shipping costs
4.1. All prices stated on the seller's website include the applicable statutory sales tax.
4.2. In addition to the prices quoted, the seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on the 'Shipping & Delivery' page.

 

5. Delivery, availability of goods
5.1. If prepayment has been agreed, delivery will take place after receipt of the invoice amount.
5.2. Should the delivery of the goods fail due to the fault of the buyer despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be reimbursed to the customer immediately.
5.3. If the ordered product is not available because the seller is not supplied with this product by his supplier through no fault of his own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or the customer does not want a comparable product to be delivered, the seller will immediately reimburse the customer for any consideration already paid.
5.4. Customers are informed of delivery times and delivery restrictions (e.g. restrictions on deliveries to certain countries) on the 'Shipping & Delivery' page.

 

6. Payment modalities
6.1. The customer can choose from the available payment methods during and before completing the order process. Customers are listed with the respective article.
6.2. Payment by invoice and PayPal is not possible.

 

7. Retention of Title
The delivered goods remain the property of the seller until full payment has been made.

 

8. Material defect warranty and guarantee
8.1. The guarantee is determined according to legal regulations.
8.2. The goods delivered by the seller are only guaranteed if this has been expressly given.

 

9. Liability
9.1. The following exclusions and limitations of liability apply to the seller's liability for damages, regardless of the other statutory entitlement requirements.
9.2. The seller has unlimited liability insofar as the cause of the damage is based on intent or gross negligence.
9.3. Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and which the customer regularly relies on compliance. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
9.4. The above limitations of liability do not apply in the event of injury to life, body or health, for a defect after assuming a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. Insofar as the seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

 

10. Storage of the contract text

10.1. The customer can print out the contract text before submitting the order to the seller by using the print function of his browser in the last step of the order.
10.2. The seller also sends the customer an order confirmation with all order data to the e-mail address provided by him. With the order confirmation, the customer also receives a copy of the terms and conditions, along with the cancellation policy and information on shipping costs and delivery and payment conditions. If you have registered in our shop, you can see the orders you have placed in your profile area. In addition, we save the text of the contract, but do not make it accessible on the Internet.

 

11. Final provisions
11.1. The place of jurisdiction and fulfillment is the registered office of the seller.
11.2. The contract language is German.
11.3. Platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not obliged to take part in a dispute settlement procedure before a consumer arbitration board.