General terms and conditions of DOMI exclusiv GmbH
Palais Schlick, Türkenstraße 25/6
The following General Terms and Conditions ("GTC") shall form the basis of all offers, orders, deliveries and/or services of DOMI exclusiv GmbH, FN 402705 p, whose principal place of business is at 1090 Vienna, Palais Schlick, Türkenstraße 25/6, Austria ("DOMI").
2.1. The Customer must provide the data that DOMI's order form requests completely and correctly when concluding the contract.
2.2. No drawings, illustrations, dimensions, weights or other performance data or descriptions that appear in DOMI's catalogues or other presentation documents shall be binding unless this is expressly agreed in writing. The same shall apply to any other special features and/or if the Customer intends the product or service to be suitable for a particular purpose. DOMI expressly reserves the right to deliver the products or services that it has offered in a technically improved form or in a slightly modified design.
2.3. Public statements made by third parties, including in advertising, about the quality of DOMI's products or services shall not be deemed to be part of the contract unless this is expressly agreed in writing.
3.1. Any delivery times that DOMI states shall be calculated from the time it confirms the order.
3.2. DOMI shall inform the Customer without delay if no copies of the product that the Customer has selected are available at the time of the order. DOMI shall not issue a declaration of acceptance of the order if the product will be unavailable for the foreseeable future, and a contract shall not be concluded in this case.
3.3. DOMI shall inform the Customer without delay with the order confirmation if the product that the Customer has designated in the order is only temporarily unavailable. The Customer shall be entitled to withdraw from the contract if delivery is delayed by more than two weeks.
3.4. DOMI shall make delivery (with obligation-discharging effect) to the address that the Customer has last notified. The Customer must notify DOMI in writing without delay of any changes to his/her name, address and/or residence. The Customer shall bear any costs that DOMI incurs as a result of any failure on his/her part to notify a change in such data in good time.
3.5. DOMI shall be entitled to make partial deliveries.
4. Retention of title
4.1. DOMI shall retain title to the product following its delivery until the Customer has paid the purchase price in full.
4.2. The Customer must not pledge the product, assign it by way of security or grant third parties any other rights to it until he/she has settled DOMI's invoice in full. The Customer must notify DOMI without delay and in writing of any compulsory execution measures or other access by third parties to the product to which DOMI retains title, which would impair DOMI's legal position. The Customer must immediately object to such measures on the grounds of DOMI's retention of title.
5.1. Unless otherwise agreed, DOMI's invoices shall be due for payment immediately upon their delivery.
5.2. A payment shall not be deemed to have been made until it is at DOMI's disposal.
5.3. If the Customer is in default, DOMI shall be entitled to charge interest at the rate of 5% p.a. from the date of default.
5.4. DOMI shall be entitled to have any outstanding claims collected by IS Inkasso Service GmbH, Südtirolerstraße 9, 4020 Linz, Austria, a collection agency, or to assign the claims to this collection agency for this purpose. Subject as provided in section 1333 (2) of the Austrian General Civil Code (Allgemeines bürgerliches Gesetzbuch, öABGB) and/or sections 280 (2) and 286 of the German Civil Code (Bürgerliches Gesetzbuch, dBGB), the Customer shall be obliged to reimburse DOMI for any necessary and appropriate collection costs that it incurs, including any reminder and collection fees.
6. Warranty and manufacturer's guarantee
6.1. The provisions regarding the statutory warranty shall apply.
6.2. DOMI shall not be bound by any guarantee that a third party, for example a hardware manufacturer, grants. Any such guarantee shall only concern the Customer's rights directly against the issuer of the guarantee, and not against DOMI. Any statutory warranty claims that the Customer may have shall not be affected, impaired or limited by any such guarantee.
7.1. Subject as provided below in respect of personal injuries, DOMI shall only be liable for damages caused by gross negligence or wilful intent on its part. DOMI shall therefore not be liable for any property damages caused by ordinary negligence on its part, including any damages that result from poor performance (defect damage, consequential loss caused by defects, damage caused by delay, damage resulting from a positive breach of contract, etc.), unless any mandatory statutory provisions stipulate otherwise. DOMI shall be liable for any personal injuries caused by ordinary negligence on its part.
7.2. The provisions of the Austrian Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.
8. Notice of rights of revocation and withdrawal
Consumers who enter into distance selling contracts have statutory rights of revocation and withdrawal, and DOMI will provide information about these rights in the order form in accordance with the statutory provisions. DOMI will also give consumers sample revocation and withdrawal forms.
9. Declaration of consent in respect of data protection
9.1. The Customer agrees that DOMI may use his/her personal data (namely name, address, date of birth, telephone number, email address, occupation, products ordered, delivery date, data on payment processing, and customer status) for the purpose of sending him/her advertising materials and contacting him/her by telephone in relation to DOMI’s art and education products and services, for customer support and for processing future orders, and may forward them to the sales representative that DOMI has appointed to cover the Customer's place of residence. The Customer also agrees to receiving advertising materials electronically and by post and to being contacted by telephone.
9.2. The Customer agrees that DOMI may transmit his/her personal data (namely name, address, date of birth, telephone number, email address, occupation, products ordered, delivery date, data on payment processing, and customer status) to DOMI exclusiv GmbH, Palais Schlick, Türkenstraße 25/6, 1090 Vienna so that it can send advertising materials to the Customer and/or contact him/her by telephone for the purpose of advertising the products that it offers in the art and education sector. The Customer also agrees to receiving advertising materials electronically and by post and to being contacted by telephone.
9.3. The Customer agrees that DOMI may transmit his/her personal data (namely name, address, date of birth, telephone number, email address, products ordered and, in particular, data on payment processing) to IS Inkasso Service GmbH, Südtirolerstraße 9, 4020 Linz, Austria, a collection agency, if the Customer defaults in payment (see clause 5.4 above).
9.4. The Customer agrees that DOMI may transmit his/her personal data (namely name, address, date of birth, telephone number, email address, products ordered and, in particular, the data on payment processing, especially invoice and bank details) to the relevant financing bank if a bank is financing the Customer's purchase by means of a linked credit agreement.
9.5. The Customer may at any time revoke any or all of the above declarations of consent by writing to DOMI exclusiv GmbH, Palais Schlick, Türkenstraße 25/6, 1090 Vienna.
9.6. DOMI shall not make any other disclosure of the Customer's data to any third parties.
10.1. If any of the above provisions is or becomes invalid or unenforceable, this shall not affect the validity of the remaining provisions or the contract which incorporates them. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that comes as close as possible in economic terms to the invalid or unenforceable provision.
10.2. All orders, any supplements or amendments to the contract, and/or any ancillary agreements shall require DOMI's written confirmation in order to be legally effective.
11. Applicable law
All orders, deliveries and services shall be governed exclusively by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods and private international law conflict-of-law rules.