Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Applicable Law
9. Place of Jurisdiction
10. Alternative Dispute Resolution

Terms and Conditions

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) of Clever Solutions International GmbH (hereinafter referred to as the “Seller”) shall apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter referred to as the “Customer”) and the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.

1.2 For the purposes of these Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity.

1.3 For the purposes of these Terms and Conditions, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

2) Conclusion of the Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit an offer via the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Seller may accept the Customer’s offer within five days,

• by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the Customer shall be decisive; or

• by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer shall be decisive; or

• by requesting the Customer to make payment after the Customer has submitted their order.

If several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer shall begin on the day following the day on which the Customer sends the offer and shall end at the expiry of the fifth day following the day on which the offer was sent. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer shall no longer be bound by their declaration of intent.

2.4 When placing an order via the Seller’s online order form, the contract text shall be stored by the Seller after conclusion of the contract and sent to the Customer in text form (e.g. by email, fax or letter) after the Customer has submitted their order. The Seller shall not make the contract text accessible in any other way.

2.5 Before submitting the order in a binding manner via the Seller’s online order form, the Customer may identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of identifying input errors more easily may be the browser’s zoom function, which can be used to enlarge the display on the screen. The Customer may correct their entries using the usual keyboard and mouse functions throughout the electronic ordering process until they click the button that concludes the ordering process.

2.6 The German language is available for the conclusion of the contract.

2.7 In the event of discrepancies between different language versions of these Terms and Conditions, only the German version shall prevail.

2.8 Order processing and contact usually take place by email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a statutory right of withdrawal.

3.2 Further information regarding the right of withdrawal can be found in the Seller’s withdrawal instructions.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices and include statutory VAT. Any additional delivery and shipping costs that may apply shall be separately indicated in the respective product description.

4.2 The payment method(s) available to the Customer shall be communicated to the Customer in the online shop.

5) Delivery and Shipping Terms

5.1 If the Seller offers shipping of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller’s order processing shall be decisive.

5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This shall not apply to the costs of dispatching the goods if the Customer effectively exercises their right of withdrawal. With regard to the costs of returning the goods, the provisions set out in the Seller’s withdrawal instructions shall apply in the event of the Customer’s effective exercise of the right of withdrawal.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has handed the goods over to the carrier, freight forwarder or other person or organization designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall generally pass to the Customer only upon delivery of the goods to the Customer or a person authorized to receive them. By way of exception, the risk of accidental loss and accidental deterioration of the sold goods shall also pass to the Customer as a consumer as soon as the Seller has handed the goods over to the carrier, freight forwarder or other person or organization designated to carry out the shipment, if the Customer has commissioned the carrier, freight forwarder or other person or organization designated to carry out the shipment and the Seller has not previously named this person or organization to the Customer.

5.4 Collection by the Customer is not possible for logistical reasons.

6) Retention of Title

If the Seller makes advance delivery, the Seller shall retain title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise provided in the following provisions, the statutory provisions governing liability for defects shall apply. By way of derogation, the following shall apply to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur,

• the Seller shall have the right to choose the type of subsequent performance;

• for new goods, the limitation period for claims based on defects shall be one year from delivery of the goods;

• claims based on defects shall be excluded for used goods;

• the limitation period shall not begin again if a replacement delivery is made as part of the liability for defects.

7.2 The aforementioned limitations of liability and reductions of limitation periods shall not apply

• to claims for damages and reimbursement of expenses by the Customer;

• in the event that the Seller has fraudulently concealed the defect;

• to goods that have been used for a building in accordance with their customary manner of use and have caused the building to be defective;

• to any existing obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

7.3 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.

7.4 If the Customer acts as a consumer, they are requested to complain to the delivery agent about goods delivered with obvious transport damage and to inform the Seller accordingly. If the Customer fails to do so, this shall have no effect whatsoever on their statutory or contractual claims based on defects.

8) Applicable Law

The law of the Republic of Austria shall apply to all legal relationships between the parties, excluding the laws governing the international sale of movable goods. For consumers, this choice of law shall apply only insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not thereby withdrawn.

9) Place of Jurisdiction

If the Customer is a merchant, a legal entity under public law or a special fund under public law domiciled within the territory of the Republic of Austria, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller’s registered office. If the Customer is domiciled outside the territory of the Republic of Austria, the Seller’s registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer’s professional or commercial activity. In the aforementioned cases, however, the Seller shall in any event also be entitled to bring proceedings before the court at the Customer’s registered office.

10) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.