Terms of service
§ 1 Scope
These General Terms and Conditions govern the legal relationships between the customer and MINDPHART OG (hereinafter also referred to as "mindphart.com," "we," or "us") regarding all business transactions and deliveries within the scope of our webshop. By placing an order, the customer accepts the version of these General Terms and Conditions valid at the time of the order. Deviating or conflicting general terms and conditions of the purchaser shall not apply. Even if we execute deliveries and services unconditionally, only the terms and conditions listed here apply.
§ 2 Contracting Parties, Language, Applicable Law
The contracting party is
MINDPHART OG
Seitenstettengasse 5/37
1010 Vienna
Austria.
The contract language is english.
For all legal transactions or other legal relationships with us, Austrian law applies. The United Nations Convention on Contracts for the International Sale of Goods (CISG) and any other intergovernmental agreements, even after their incorporation into Austrian law, shall not apply. In business transactions with merchants and legal entities under public law, Vienna is agreed as the place of jurisdiction for all disputes concerning these terms and conditions and individual contracts concluded under their application.
§ 3 Conclusion of Contract
By placing an order at mindphart.com, you make us an offer to conclude a purchase contract. The purchase contract is only binding once the goods are shipped and a shipping confirmation email is sent to you. Until shipment, MINDPHART OG reserves the right to cancel or reject any order at its sole discretion. This order confirmation does not constitute acceptance of your offer but serves only as information that we have received your order. The purchase contract is only concluded when we send the ordered product to you and confirm this with a second email (shipping confirmation). Products not listed in the shipping confirmation are not part of the purchase contract.
§ 4 Returns and Right of Withdrawal
Information on returns and the right of withdrawal can be found on our separate withdrawal policy page, which is an integral part of these General Terms and Conditions. The customer is responsible for the return shipping costs unless otherwise stated.
§ 5 Delivery
Unless otherwise agreed, the delivery of goods takes place from the warehouse of mindphart.com to the delivery address specified by the customer. All goods remain the property of MINDPHART OG until they leave our warehouse. Risk of loss and title to the products pass to you upon delivery to the carrier. The website provides information on the availability of individual products. Please note that all information regarding availability, shipping, or delivery is only approximate and approximate values. They do not constitute binding or guaranteed shipping or delivery dates unless expressly stated as a binding deadline for specific products in the shipping options.
If it is determined during the processing of your order that a product ordered by you is not available, you will be separately informed by email. If mindphart.com is unable to deliver the ordered goods through no fault of their own because the supplier of mindphart.com does not fulfill its contractual obligations, mindphart.com reserves the right to withdraw from the contract. In such a case, you will be promptly informed that the ordered product is not available. The statutory rights of the customer remain unaffected by this.
If delivery to the customer is not possible because the customer is not present at the specified delivery address, the customer shall bear the costs of the unsuccessful delivery.
§ 6 Prices, Due Date, and Payment
All prices stated are inclusive of the applicable value-added tax. The delivery costs are shown separately.
For payments with a credit card, you must provide the relevant information in the order form. mindphart.com will only start manufacturing or shipping the ordered products after your credit card company has approved the use of your credit card for payment of the ordered products.
§ 7 Retention of Title
Ownership of the delivered goods remains with MINDPHART OG until full payment is received and the goods have left our warehouse. Risk of loss and responsibility for the goods transfer to the customer once the goods are handed over to the carrier for delivery.
§ 8 Warranty
In the event of a defect in the purchased item, the statutory provisions apply. An assignment of these claims by the customer is excluded. After the fulfillment has been made by a replacement delivery, the customer is obliged to return the originally delivered goods within 10 days.
The return of defective goods must be made in accordance with the statutory provisions. mindphart.com reserves the right to claim damages under the legally regulated conditions. The limitation period is two years from delivery.
Furthermore, mindphart.com is only liable for slight negligence in the event of a breach of essential obligations, the fulfillment of which is essential for the proper execution of the contract and on which the customer regularly relies. In such a case, the liability of mindphart.com is limited to the foreseeable, contract-typical damage.
Liability of mindphart.com for slight negligence for breaches of duties other than those mentioned in the above sentences is excluded. The above-mentioned limitations of liability do not apply in the event of a breach of life, body, and health, for a defect after assuming a guarantee for the quality of the product, and for maliciously concealed defects. Liability under the Product Liability Act remains unaffected.
If the liability of mindphart.com is excluded or limited, this also applies to the personal liability of the employees, representatives, and agents of mindphart.com.
§ 9 Data Protection and Processing and Use of Personal Data
Our privacy policy applies to the processing of personal data, which is available on our website and forms part of these General Terms and Conditions. We treat customer data confidentially and only use it in accordance with applicable data protection laws.
§ 10 Force Majeure
Should we be prevented from fulfilling our obligations under a contract due to force majeure or other circumstances beyond our control, we shall not be liable for the delay or non-fulfillment. In the case of partial availability, we reserve the right to make partial deliveries. Customers will be informed of delays, and we will fulfill our obligations as quickly and reasonably as possible.