Terms And Conditions
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts which have been concluded between you and us as a vendor (Diamor Trading GmbH) through our website at www.escora-dessous.de. Unless otherwise agreed, the inclusion of your own conditions is contradicted.
(2) Consumers within the context of the following conditions shall mean any natural person that concludes a legal transaction for purposes, which cannot be attributed primarily to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership/private company with legal capacity, which is concluding a legal transaction in the exercise of their own professional or commercial activity.
§ 2 Conclusion of contract
(1) The Subject of the contract is the sale of goods.
(2) With the inclusion of each product on our website we will submit a binding offer to conclude a contract on the terms specified in the product description.
(3) The contract is done through the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can use the corresponding button in the navigation bar to open up the "shopping cart" and make changes any time.
After landing on the "checkout" page and entering personal data as well as the payment and shipping information, all the order data will be displayed again on the order summary page. If you use an instant payment system (for example, PayPal) as a payment method, you will either be directed to the order summary page in our online shop or you will first be forwarded to the website of the instant payment system provider.
If you are forwarded to the respective instant payment system, then you can make the corresponding entry of your personal data there. Finally, you will be redirected back to our online shop on the order summary page.
Before sending the order, you have the opportunity to review, change (also by clicking the "back" button in your browser) or cancel the purchase.
By sending the order via the "buy now" button, you declare the acceptance of the offer, whereby the contract comes into being and is legally binding.
(4) Your requests for the creation of an offer are not binding for you. We will provide you with a binding offer in written form (e.g. by e-mail), which you may receive within 5 days.
(5) The processing of the order and submission of all information required related to the contract shall be partially automated by e-mail. Therefore you have to ensure that the e-mail address that you provided us is correct, the receipt of the e-mails is technically ensured, and especially not prevented by SPAM filters.
§ 3 Right of Retention, Reservation of Proprietary Rights
(1) You may only exercise a right of retention, as far as it concerns claims resulting from the same contractual relationship.
(2) The goods shall remain our property until the purchase price has been paid in full.
§ 4 Liability
(1) We are fully liable for damage resulting from injury to life, body or health. We shall continue to be liable without limitation in all cases of intent and gross negligence, in the case of fraudulent concealment of a defect, the assumption of a guarantee for the quality of the purchased goods, and in all other cases regulated by law.
(2) Liability for deficiencies within the scope of the statutory warranty depends on the corresponding regulation in our customer information (Part II).
(3) Insofar as essential contractual obligations are concerned, our liability in case of negligence is limited to foreseeable damage. Significant contractual obligations are essential obligations which arise from the nature of the contract and whose violation would compromise the attainment of the purpose of the contract as well as obligations which, on the basis of the content of the contract, are imposed by the contract in order to achieve the purpose of the contract and to which you may constantly rely on.
(4) Upon any liability of any immaterial contractual obligation, liability for violations of obligations based on ordinary negligence is barred.
(5) The data communication via the Internet, considering the current state of the art, can not be guaranteed error-free and/or at available at all times. We are not liable for the continuous or uninterrupted availability of the website and the services offered there.
(6) If a deficiency in the goods can be attributed to us and has been notified in writing by the buyer in due time, we are obligated to supplement the performance, to the exclusion of the rights of the buyer from the contract or to reduce the purchase price to refuse the supplementary performance. The purchaser has to grant us a reasonable period of time for subsequent performance for every single defect.
§ 5 Applicable Law, Place of Performance, Court of Jurisdiction
(1) Austrian law shall apply. For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state, in which the customer is usually resident, is not withdrawn. (favourability principle).
(2) The place of performance for all services from the existing business relations and the court of jurisdiction with which we are based is our registered office, insofar as you are not a consumer, but a merchant, a legal entity of public law
or of special fund under public law. The same applies if you do not have a general court of jurisdiction in Austria or the EU or the domicile or habitual residence at the time of the appeal
is not known. The authority to file a suit in another legal jurisdiction remains unaffected.
(3) The provisions of the United Nations Convention on Contracts for the International Sale of Goods do not apply.
II. Customer Information
1. Identity of the Seller
Diamor Trading GmbH Aderstr. 33
Phone: 0043 7672 95251-0
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), accessible at http://ec.europa.eu/odr.
2. Information about the Conclusion of the Contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of making corrections are made in accordance with § 2 of our General Terms and Conditions (Part I.).
3. Contract Language, Storage of Contract Text
3.1. The contract language is German.
3.2. The full text of the contract is not saved by us. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically secured via the print function of the browser. After receipt of the order with us, the order data, the legally prescribed information for remote sales contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3. In the case of quotations outside the online shopping basket system, you will receive all contract data within the framework
of a binding offer in text form, e.g. Via e-mail, which you can print out or electronically secure.
4. Main characteristics of the goods or service
The essential characteristics of the goods and/or service are given in the respective offer.
5. Prices and terms of payment
5.1. The prices stated in the respective offers as well as the shipping costs represent overall prices. They contain all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They are accessed via a correspondingly designated button on our website or in the respective offer, are reported separately during the order process and are payable by you in addition, unless the no shipping costs is promised.
5.3. Deliveries to countries outside the European Union may incur additional costs in particular cases, which are not to be attributed to Diamor Trading GmbH and are to be covered by the customer. These include, for example, costs for the transfer of money by credit institutions (for example, transfer fees, exchange rate fees) or import taxes (e.g. duties).
5.4. The payment methods available to you are indicated on corresponding buttons on our website or are shown in the respective offer.
5.5. Unless otherwise specified in the individual forms of payment, the payment claims arising from the concluded contract shall be payable immediately.
5.7. For payment by credit card, the purchaser shall, after conclusion of contract, be transferred or redirected to the external services of Skrill Ltd. There the customer gives his credit card info and makes the payment. In this context, the provider authorizes Skrill Ltd. to accept the payment of the customer with a fulfilling effect.
5.8. Payment by Invoice. In cooperation with Klarna, we offer you the purchase as a payment option. Please note that Klarna invoice is only available for consumers and that the payment must be made to Klarna. The payment period is 14 days from the date of the invoice. The invoice is issued upon dispatch of the goods and is either sent by e-mail or together with the goods. The Onlineshop collects a fee of 10 euros per order when purchasing on invoice with Klarna.
6 Terms of Delivery
6.1.The delivery terms, delivery date and, if applicable, imposed delivery restrictions can be found under a corresponding designated button on our website or in the respective offer.
6.2. As long as you are a consumer, it is regulated by law, that the risk of the accidental destruction and accidental deterioration of the sold goods during the shipment passes to you only when the delivered goods is handed over to you, regardless of whether the delivery is insured or uninsured. This does not apply if you have commissioned a transport company not designated by the company or a person appointed otherwise to carry out the shipment.
7. Statutory Warranty Rights
7.1. There are statutory warranty rights for goods.
7.2. As a consumer, you are requested to inspect the goods immediately for completeness, obvious defects and transport damage as well as to inform us and the shipper as soon as possible. Failure to do does not affect your statutory warranty claims.
If you intend to pay by invoice, the data protection regulations of our external partner Klarna apply. Klarna checks and evaluates your data and maintains an exchange of data with other companies and economic agencies for legitimate interests and reasons. Your personal details will be treated in accordance with applicable data protection regulations and according to the data in Klarnas data protection.
9. Final Provisions
Should individual provisions of the contract, including these regulations, be or become invalid in whole or in part, or if the contract should show an unforeseen gap, the validity of the remaining provisions or parts of such provisions remain unaffected. In lieu of the ineffective or missing provisions, the respective legal regulations take place.
Last updated: 28.09.2016