Status: August 2020
Adrienne Eve Tomkinson operates an online shop at www.impulsmethode.at. These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contractual relationships concluded between you as the buyer (hereinafter referred to as "buyer") and www.impulsmethode.at.
By completing the order process, you recognise the GTC in the respective current version. This GTC conflicting or deviating GTC do not apply.
1. important notes
The products offered in the online shop are presented in the form of digital photographs and described in a text for the tender. The photos shown on the online shop are only symbolic photos.
Please note that the products offered in the online shop may no longer be available at the time of ordering. As soon as the customer adds the item to their wish list in the online shop, they will be informed of its availability by email.
A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession. An entrepreneur is any natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its independent professional or commercial activity.
2. conclusion of contract
The subject of the contract is the sale of goods.
The product presentations in the online shop do not constitute a legally binding offer, but a non-binding online catalogue.
If an article is placed via the online shop, the activation of the offer page constitutes a binding offer to conclude a purchase contract under the conditions contained in the article page.
By sending the order by clicking on the button "order with obligation to pay", you place a binding order for the products contained in the shopping basket at that time. You remain bound to this order for 5 working days - irrespective of the right of cancellation that already exists for orders as a consumer (in accordance with point 6).
After sending the order, you will receive an automated e-mail confirming receipt of the order. This confirmation does not constitute acceptance of the order, but is for your information only.
The operator of the online shop is free to cancel the offer within a period of 5
working days to accept or reject the offer. The offer is deemed to have been accepted when the dispatch confirmation is sent. If the offer is rejected, you will be informed by e-mail. If the purchase price has already been paid, a refund will be made immediately.
Should data (delivery address, billing address, e-mail address, etc.) change, you must inform the operator in good time. If you do not inform the operator of any change of data or do not do so in good time, dispatch will continue at your risk to the previously known data. Any notifications will continue to be sent to the known address.
3. purchase price
The prices stated in the online shop apply. The prices stated in the online shop are in EURO and including the value added tax applicable in Austria and any duties, but excluding shipping costs (delivery costs, any customs duties, etc.).
Shipping costs and similar delivery-specific costs depend on the respective product and the delivery address, which is why these can be found in the more detailed information in the online shop. The total costs will be displayed before the order is sent.
Special offers are subject to change. There is no entitlement to the continuation of
As far as possible, the final price, which includes the product price plus VAT and any duties as well as the shipping costs incurred, will be displayed in the online shop immediately before the order is sent.
Unless otherwise specified for the individual payment methods, the
Payment claims from the concluded contract are due for payment immediately.
You can choose from the payment methods suggested in the order process and under the conditions stated there.
4. delivery & dispatch
As a rule, ordered products are dispatched or made available within 3 working days from receipt of the full purchase price or - whichever is later - from conclusion of the contract. If a product cannot be dispatched or made available within this time, for example because it is not in stock, you will be informed of this before the contract is concluded. Delivery will then take place within the transport time specified in the online shop.
The provision of the product for dispatch is equivalent to the dispatch of the products.
Collection at the collection address specified during the ordering process.
As soon as the product has been dispatched or made available, you will receive a dispatch or availability confirmation by e-mail. This confirmation will again state the expected delivery time.
Should unforeseeable and unavoidable delays in delivery occur, we will
You will be informed by e-mail, stating the expected delivery date.
In the event that the contractual right of cancellation is exercised (in accordance with point 6
right of cancellation) you bear the direct costs as well as the risk of
If you have any questions about the countries supplied, you can contact the operator at any time by telephone or in writing.
For products not collected or accepted, we reserve the right to charge you for the costs incurred in the event of return due to undeliverability. Failure to collect and refusal of acceptance shall not be deemed a cancellation of the contract, but shall entitle the operator to withdraw from the contract. The additional expenses incurred due to the non-acceptance will be deducted from the purchase price paid. The remaining purchase price will be refunded to the account known to you.
If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold during despatch only passes to you when the goods are handed over, regardless of whether the despatch was insured or not.
If you are an entrepreneur, delivery and dispatch are at your own risk.
5. reservation of title
If you have not paid the purchase price in full before taking possession of the product, the product remains the property of the seller until the purchase price has been paid in full.
You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
6. return & right of cancellation
For customers who order on the online shop as consumers (within the meaning of § 1 KSchG), the following statutory right of cancellation applies. With this information, the consumer receives the legally required instruction on the conditions, the deadlines and the procedure for exercising the right of cancellation.
These customers have the right to cancel this contract within 14 days without giving reasons.
to cancel the contract.
The cancellation period is 14 days from the day on which the customer or a third party named by the customer, who is not the carrier, has taken possession of the product. In the event that several products have been ordered as part of one order, but these are delivered separately, the cancellation period begins on the day on which the customer or a third party named by the customer who is not the carrier takes possession of the last product delivered.
To exercise the right of cancellation, customers must contact the operator by email at firstname.lastname@example.org by telephone at +43 676/847131857 by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract.
In order to comply with the cancellation period, it is sufficient that you send the notification of the
Exercise your right of cancellation before the cancellation period expires.
The legal text of the relevant legal standard (distance and off-premises transactions - transactions FAGG) and a sample cancellation form can be obtained on the Internet at the following address:
h t t p s : / / w w w. r i s . b k a . g v. a t / G e l t e n d e F a s s u n g . w x e ? Query=federal standards&law number=20008847.
If you wish to cancel the contract, please complete this form and return it to us.
Sample cancellation form
- To [here the name, address and, if applicable, the fax number and e-mail address of the entrepreneur must be inserted by the entrepreneur]:
- I/we hereby revoke () the one I/we () concluded for the
Purchase of the following goods ()/the provision of the following service ()
- Ordered on ()/received on ()
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for notification on paper)
If the contract is cancelled, the operator shall reimburse the customer for all payments received, including delivery costs (with the exception of additional costs resulting from the fact that a type of delivery other than the cheapest standard delivery offered was chosen), without delay and no later than 14 days from the day on which the notification of the cancellation was received.
cancellation of this contract has been received. The customer's known account used for the original transaction will be used for this refund, unless expressly agreed otherwise. Under no circumstances will fees be charged for this repayment. If the recipient specified in the order is not the same as the holder of the specified credit card, the purchase price will be refunded in favour of the person who made the original payment.
Repayment may be refused until the operator has received the goods back in a defect-free condition.
The customer must return or hand over the product to the operator immediately and in any case within fourteen days at the latest from the day on which he informs the operator of the cancellation of this contract. The deadline is met if the customer dispatches the goods before the expiry of the fourteen-day period.
The costs and the risk of returning the product shall be borne by the customer.
Any loss in value of the product shall be borne by the customer if this loss in value is due to handling of the product that is not necessary for testing the condition, properties and functionality of the product.
The right of cancellation can be excluded by separate information. This can be done in particular, but not exclusively, if the products ordered are,
- products that have been specially manufactured according to customer specifications or are clearly customised to personal requirements,
- products that can spoil quickly or whose expiry date would be quickly exceeded,
- products that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that the seal has been removed after delivery,
- Sound or video recordings or computer software delivered in a sealed package, provided that the seal has been removed after delivery,
- newspapers, periodicals or magazines with the exception of subscription contracts for the delivery of such publications, or
- the supply of digital content not stored on a physical data carrier.
Insofar as the statutory right of cancellation is not excluded, the customer is free to cancel the contract only with regard to individual specific products ordered or delivered together. In such a case, the contract remains in force for the other products.
If not all conditions for exercising the right of return are met, you will be notified immediately.
7 Warranty & compensation
In the event of defects of title or material defects, the rights and claims of the customer shall be determined in accordance with the mandatory statutory warranty and compensation provisions in Austria, insofar as these GTC nothing else is/was determined.
In the case of the statutory warranty (§§ 922 ff ABGB) is a no-fault liability for defects that can generally be asserted up to 2 years after delivery of the product. The quality of the product is determined by the product description in the online shop by the respective manufacturer's specifications and instructions, which are supplied with the product.
The photos shown in the online shop are only symbolic photos. However, deviations in the appearance of the goods in the symbolic photo from the delivered goods do not justify any warranty claims.
The customer may only claim damages if these are based on intent or gross negligence on the part of the operator; this does not apply to personal injury. In this case, claims for damages are limited to the amount of foreseeable, typically occurring damage.
Data transfer via the Internet may be subject to certain disruptions. We therefore accept no liability for the online shop being constantly or uninterruptedly available. If the online shop contains links to external websites, no liability is assumed for these. The operator is not responsible for the content of external websites. No guarantee is given for the correctness of the information contained on an external website and no liability is accepted for this.
The statutory right of cancellation and rights arising from any existing separately agreed guarantee declarations remain unaffected by these provisions.
8. copyrights & trade mark rights
All contents of the online shop such as text, graphics, logos, buttons, icons, images, videos, audio, downloads etc. are the property of the operator and are subject to the provisions of Austrian and international copyright and trademark law. This data may not be used in any form without written consent.
Any disputes between the contracting parties shall be governed exclusively by Austrian law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG - UN sales law).
The contract language is German.
The statutory place of jurisdiction shall apply to consumers.
Headings in these GTC are for clarity only and do not interpret, limit or restrict the respective provisions.
All agreements, subsequent amendments to the agreements, supplements, collateral agreements etc. must be made in writing to be valid.
In the event that one or more of the provisions of these GTC are or become invalid in whole or in part or lose their validity at a later date, this shall not affect the validity of the remaining provisions of these General Terms and Conditions. GTC not touched.
You confirm the entire content of the GTCs, to have received, read and understood the data protection declaration and all contractual documents, in particular the purchase and delivery contract.
Adrienne Tomkinson Company