TERMS OF CONDITIONS
TERMS OF CONDITIONS
On the basis of these terms and conditions (GTC) a contract is concluded between the customer (hereinafter "you") and Damn Plastic Shop Gmbh, Europastraße 1 EG, 5020 Salzburg, Austria (hereinafter "us")
All business relationships are based on the following terms and conditions. External business conditions are expressly contradicted, as long as we have not given express written consent. If these terms and conditions refer to consumers, then the relevant provisions apply only to consumers, not to entrepreneurs. A consumer within the meaning of the consumer protection law is any natural person who acts for purposes that are not part of their commercial, business or professional activities. Entrepreneurs can under no circumstances, rely on consumer-specific provisions within these terms and conditions.
The contract that comes into effect regulates the sale of goods and services via our online shop. About all details and specifications of the respective offer, reference is made to the product description of the product page. We take the utmost care to ensure that all product information, prices and legal information are always available, but we reserve the inevitable short-term inaccessibility due to maintenance work before. Errors and omissions in product information and product availability are reserved. All product pictures are symbol photos.
CONCLUSION OF THE CONTRACT
All our offers are a non-binding solicitation of an offer by you, are therefore non-binding and do not bind us to performance. If you order goods via the website www.damnplastic.com (by clicking on the button "BUY NOW") or by e-mail, telephone or other means of communication, you make a binding offer to conclude a purchase contract with us. The contract is concluded by acceptance of the order by us, either by sending an order confirmation by post, e-mail or directly by sending the ordered goods.
Before submitting an offer, you will be informed of the technical steps leading to the conclusion of the contract. The text of the contract (order confirmation) will be sent to you immediately by e-mail, but at the latest on the next working day and will not be stored by us afterwards. You can correct errors in the entry during the ordering process. You can do this as follows: back button of the browser.
The order process for concluding the contract includes the following steps:
• Selection of the offer in the desired specification (size, color, number)
• Insert the offer in the shopping cart
• Press the button "CHECKOUT"
• Enter the billing and delivery address
• Selection of the payment method
• Reviewing and processing the order and all entries
• Click on the button "BUY NOW"
• You will receive a confirmation email that the order has been received by us.
Orders can be placed in addition to the shop system via remote communication (telephone / e-mail), whereby the order process for the conclusion of the contract includes the following steps:
• Sending the order mail / order call
• Confirmation mail that has been received
• Offer by e-mail
• confirmation email from you as order confirmation
• Confirmation email that received the order. By sending the order confirmation the contract is concluded.
PRICES, SHIPPING COATA, RETURN COSTS
The specified product price does not include any of the following: packaging, service, delivery, shipping, customs duties, import and export duties. All prices are final and include the legal value added tax (VAT) and are "ex-works". If export or import duties are due in the course of shipment, these are at your expense. In addition to the final prices depending on the shipping method, other costs incurred, which are displayed before sending the order. If there is a right of withdrawal and is used by this, you bear the cost of the return. The products need to be returned within 14 days after delivery in the original conditions.
You have only the following options for payment: prepayment, payment service (PayPal, Stripe), credit card, immediately bank payment (Klarna). Other payment methods are not offered and will be rejected, but we reserve the right to introduce additional payment options in the future.
The invoice amount is due from the date of invoice without deduction and after receipt of the invoice, which contains all information about the transfer and will be sent by e-mail to the e-mail address you have provided, and has to be paid within seven days in euros to the bank account specified there. After expiry of the term of payment, which is thus determined by the calendar, the legal consequences of the delay take place without a reminder. When using a fiduciary / payment service provider, the fiduciary / payment service provider will forward your payment to us. Further information is available on the website of the respective fiduciary service/payment service provider. When paying by credit card, you confirm that you are the cardholder. The credit card will be charged at the earliest when the goods are shipped.
The goods delivered by us remain our property until full payment of the invoice and any existing current account balance.
TERMS OF DELIVERY
The goods will be shipped as soon as possible after the conclusion of the contract by traditional shipping methods (train, mail, etc.). The regular delivery time (i.e. the time between contract conclusion and delivery of the goods) is 3-5 days. In any case, delivery will take place no later than the 30th day after receipt of the order, unless something else is stated in the item description. We ship the goods either from our warehouse as soon as the entire order is in stock or directly from the manufacturer, as soon as the whole order is in stock.
If a permanent delivery impediment results in the impossibility of delivery, in particular in the case of force majeure or non-delivery by the manufacturer in spite of timely engagement of a corresponding cover transaction, we shall have the right to withdraw from the contract or a part thereof. In this case, you will be informed immediately and received services, in particular payments, will be refunded immediately.
If after conclusion of the contract it is ascertained that the goods are no longer available from us or are not available for other reasons (eg recall of goods), this will be communicated to you immediately. We reserve the right to offer you goods of equivalent quality and price. If an offer of replacement delivery is omitted or rejected, you can withdraw from the contract. We are entitled to withdraw from the contract, provided you have been informed of the impossibility of delivery in a timely manner.
The delivery will be made to the address given in your order. In the case of incorrect, unclear or incomplete information from you, you bear all resulting costs. Unless expressly agreed in writing, all goods shall be deemed to have been sold "ex-works" with respect to the transfer of risk, even if the delivery is made at destination or in parts. Partial deliveries are permitted, if required, but we endeavor to always deliver orders in one delivery. Our information on delivery times are to be understood as approximate and therefore not binding. Claims for damages for late performance are excluded.
If you are an entrepreneur, risk and chance are transferred to you at the time of transfer of the goods to the carrier. If you are a consumer, the risk of loss and deterioration of the goods only passes to you as soon as it is delivered to you or to a third party appointed by you, and different from the carrier.
If you are in default of acceptance or if you culpably violate other obligations to co-operate, we are entitled to demand compensation for the damage incurred, including any additional expenses.
For consumers, the warranty period for used goods is limited to 1 year. For entrepreneurs, the warranty period is 6 months, the prerequisite for this is compliance with the obligation to complain pursuant to §377 UGB. Recourse claims of § 933 b ABGB are excluded (Austrian law).
Claims for damages, in particular, the compensation of consequential damage or loss of profit due to defective, delayed or omitted delivery, are excluded unless otherwise stated for the following reasons or only exist if the damage is based on gross negligence or intent. Also, in the case of slight negligence, liability is excluded if it does not include one of the main performance obligations. In the case of personal injury, we are also liable for slight negligence. This also applies to the representative and vicarious agents on our part, if you raise against these claims for damages. If you are an entrepreneur, compensation for lost profits and other follow-up costs as well as indirect damages and other costs are excluded. The burden of proof for the existence of simple gross negligence lies with the person claiming the claim.
LANGAUGE, JURISDICTION AND APPLICABLE LAW
The contract is originally written in German. The further implementation of the contractual relationship takes place in German. It is exclusively subject to Austrian law, excluding national and supranational reference standards (IPRG and ROM I-VO) and the UN Sales Convention (CISG). For consumers, this applies only to the extent that this does not restrict any statutory provisions of the state in which they are domiciled or habitually resident. Place of fulfilment is Mondsee. If you are a consumer, any litigation is the jurisdiction of the court in whose district you reside, your habitual residence or the place of employment. In all other cases, the competent court for Upper Austria, Mondsee is agreed as the place of jurisdiction.
The ineffectiveness of a provision of these GTC, as well as a future loss of effectiveness of a provision by means of legal amendments, has no effect on the effectiveness of the other provisions. The provisions in the GTC apply to the extent that non-mandatory regulations (for example for consumers) appeal against this.
SPECIAL PROVISIONS FOR CONSUMERS
By ordering in the online shop, the contract is concluded by sending our confirmation by e-mail.
All information regarding your options to cancel your order as well as a sample form for revocation can be found in our cancellation policy. [https://damnplastic.com/pages/withdrawal]
Online Dispute Resolution (ODR) EU regulation
The EU provides an internet platform for online dispute resolution (OS platform). This OS platform is intended to resolve disputes between consumers and online retailers in the case of sales contracts or service contracts concluded online as quickly and effectively as possible.
According to Art. 14 of Regulation (EU) No. 524/2013 on online dispute resolution in consumer matters
(so-called ODR regulation) we therefore refer you to the link to this OS platform.
You can access the platform for online dispute resolution here:
Also in accordance with Art. 14 of the ODR Regulation, we provide our e-mail address in this context for your knowledge: