niceshops GmbH, Saaz 99, 8341, Paldau, E-mail: email@example.com (hereinafter referred to as "Contractor" or "niceshops GmbH") focuses on the design of online shops and logistical processing, specialising in the area of e-commerce in various product segments.
These general terms and conditions (hereinafter referred to as “GTC”) deal with trade via the online shop on the homepage: www.piccantino.co.uk.
The customers are usually consumers as defined by Section 1 Paragraph 1 Item 2 and Section 1 Paragraph 3 KSchG (COPRA: Consumer Protection Act), as well as entrepreneurs as defined by Section 1 Paragraph 1 Item 1 KSchG (COPRA: Consumer Protection Act).
For the purpose of better readability, no gender-specific differentiation is made. This is done without any intention to discriminate.
Recognition of the GTC
The customer acknowledges these terms and conditions and agrees to them by accepting these terms and conditions.
All business relationships between the contractor and the customer are subject to these terms and conditions in the version applicable at the time of the transaction. These terms and conditions supersede any general terms and conditions of the customer.
Protective & Counter-protective Clause
The inclusion of general terms and conditions or contractual conditions of the customer that deviate from these terms and conditions will be rejected unless these are expressly recognised by niceshops GmbH.
Conclusion of the Contract
By clicking the "Place Order" button, the customer submits a binding offer that concludes a contract with the contractor. The contractor is not obliged to accept this offer. Before submitting the final order, the customer has one more opportunity to inspect it for errors and make the necessary amendments where needed.
The contractor confirms the receipt of the offer from the customer via an email sent to the address provided by the customer ("order confirmation"). This e-mail does not constitute acceptance of the offer by the contractor. The contractor can accept offers by confirming the purchase of the offer in an additional e-mail (“order confirmation”) or by dispatching the ordered goods. The customer is bound to enquiries for three days.
The customer must have the necessary legal capacity to complete the intended legal transaction.
In order to obtain services and goods electronically from the contractor, customers may have to register an account at the online shop. The customer is obliged to provide true and complete information during the course of the business relationship. The data must be kept up to date at all times. The data must be treated confidentially and protected from unauthorised access. If the customer suspects abuse by third parties, the contractor must be informed immediately.
The customer must refrain from all measures that could endanger or impair the technical availability of the online shop (including cyber-attacks). Such behaviour will be prosecuted.
Contract Text Storage
The wording of the contract, i.e. the customer's information on the order process, is saved by niceshops GmbH and can be viewed by the customer via the link “My Account” under “My Orders”. Irrespective thereof, niceshops GmbH sends an order confirmation that includes these terms and conditions to the e-mail address provided by the customer.
This right of withdrawal only applies to consumers.
The customer can revoke a contract concluded by way of distance selling within 14 days without providing a reason for the withdrawal. Information regarding the Returns Policy can be found here. Furthermore, an extended 16-day right of withdrawal period is granted.
Right of withdrawal
The customer has the right to withdraw from this contract within 14 days without providing a reason for the withdrawal. The statutory cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods. Furthermore, the contractor grants an extended 16-day right of withdrawal period. Thus, the customer has 30 days to withdraw from the contract.
In order to exercise the right of withdrawal, the customer must inform the contractor of the decision to withdraw from this contract by means of a clear statement (for example, a letter sent via the post, fax or e-mail).
In such cases, the customer may use the withdrawal template form, however, it is not mandatory. To meet the cancellation deadline, it is sufficient for the customer to send the notification of exercising the right of cancellation before the cancellation period has expired.
Consequences of the withdrawal
If the customer cancels this contract, the contractor shall have all payments received from the customer, including delivery costs (with the exception of the additional costs resulting from the fact that the customer uses a different type of delivery than the most affordable option offered by the contractor, i.e. standard delivery), to be repaid immediately and at the latest within 14 days from the day on which the notification of the contract cancellation was received by the contractor. For this repayment, the contractor uses the same means of payment that the customer used in the original transaction, unless something else was expressly agreed with the customer. In no case will the customer be charged fees for this repayment. The contractor can refuse repayment until the goods have been returned or until the customer has provided evidence that the goods have been returned, whichever instance occurs first.
If a loss in value of a commodity is due to the fact that the commodity has been used in a way that is not necessary for checking the quality, the customer is responsible for this loss of value.
The customer must deliver the goods immediately, and no later than 14 days from the day on which he informed the contractor of the contract cancellation, to
(+43) 720 710740 9000
The deadline is met if the customer sends the goods before the 14-day return period expires.
Returns from the following countries are free of charge:
Austria, Germany, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Greece, Ireland, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, Czech Republic, Hungary, Great Britain, Cyprus.
The cost of returns from Italy, Switzerland and countries not listed above, are incurred by the customer.
This is done for business, legal and logistical reasons and without any intention of discrimination.
You can find detailed information regarding the Returns Policy here.
End of revocation
All product prices are stated in full; they contain the statutory sales tax (value-added tax).
In case of doubt, the sales tax is not yet included. The amounts stated at the time of the order apply.
The payment is to be made via a transfer to the account specified by the contractor. Whether the payment is made monthly (continuing obligation) or once-off (target obligation) depends on the agreement between the contractor and the customer.
Shipping costs are incurred in addition to the stated product prices. These do not apply when the minimum order value is eligible for free shipping. Further information regarding shipping costs and the threshold values can be viewed in the offers. The contractor informs the customer once again regarding the prices, taxes and shipping costs incurred within the order summary before the order is finalised. The applicable sales tax is included in the shipping costs.
When selecting the Cash on Delivery payment method, the Cash on Delivery fee (a service fee incurred and invoice costs collected whereby the amount is then forwarded directly to the seller) must also be settled. This fee is not billed to the customer. It needs to be paid directly to the delivery driver.
Terms of Delivery
Unless otherwise agreed, delivery will be made to the address specified by the customer. Deliveries are also made to “Packstationen”.
The estimated date of dispatch is stated directly in the shopping cart. When using the Cash in Advance payment option, delivery time starts one day after the payment has reached the niceshops GmbH bank account. When using the options Cash on Delivery or On Account, the delivery time starts one day after the order contract is received.
niceshops GmbH bears no responsibility when delays occur due to manufacturer or supply obstacles. If the delivery of the goods within a specific period is hindered due to unforeseen circumstances, niceshops GmbH is entitled to withdraw from the contract. The niceshops GmbH will inform the customer immediately in this instance. Damage claims are excluded in this case. The customer will be informed before the start of the ordering process in regard to existing delivery restrictions.
niceshops GmbH can add a "free product" to the order on a voluntary basis. The customer is not entitled to this free product. The free product is conveyed on the condition that the customer does not cancel or withdraw from the contract. Should the customer decide to terminate the contract, the customer must return the free product to niceshops GmbH without being expressly asked to do so.
Payment Date & Reservation of Property Rights
The contractor's claims are due when the invoice is issued, but at the earliest when the goods are received. If the claims are not paid within 14 days, the contractor will demand 4% statutory default interest annually from the due date. In the event of payment arrears, the customer undertakes to reimburse the contractor for the reminder and collection fees, insofar as they are necessary for appropriate legal prosecution. If the customer is an entrepreneur, the interest in arrears is based on § 456 UGB (Unternehmensgesetzbuch: Austrian Commercial Code).
All goods delivered by the contractor remain their property until they have been paid for in full. The selling of the goods by the customer to a third party before they have been paid for in full requires prior consent from the contractor.
If the customer has not accepted the goods as agreed (default of acceptance), the contractor is entitled to either store the goods, for which a storage fee of 0.1% of the gross invoice amount can be charged for each calendar year or part thereof, or to deposit the goods in court at the expense of the customer.
niceshops GmbH accepts the payment methods listed on the website.
General regulations apply unless otherwise stated.
Guarantees exclude damages or defects caused by the consumer, particularly in cases of mishandling, misuse or unauthorized repair attempts.
Should goods be delivered with visible traces of transport damage, the claim should be reported to the shipping company and the contractor must be contacted immediately. Failure to lodge a complaint or contact the contractor has no consequences for the statutory guarantee claims of consumers and is only used to support the contractor in asserting his claims against the company commissioned with the delivery of the goods or the insurance company.
To the extent that a manufacturer's guarantee exists, the customer has to assert a possible guarantee claim against the manufacturer. The liability of niceshops GmbH is excluded from the manufacturer's guarantee.
Claims for damages made by the consumer against niceshops GmbH are excluded unless niceshops GmbH or their agents have acted grossly negligent.
The amount of liability is limited to the typically foreseeable damage when the contract was concluded.
The contractor is not liable to companies for lost profits.
Liability for damage resulting from injury to life, body or health due to negligence or deliberate breach of contractual obligations or applicable claims under the Product Liability Act remains unaffected.
The contractor is not responsible if he cannot meet his obligations under the contractual relationship due to circumstances for which he or a vicarious agent is not responsible. This applies, among other things, to the lack of availability of energy or telecommunications services and due to force majeure.
Right of Retention
The customer is not entitled to offset the payment against our claims unless the customer's counter-claims are legally established or undisputed. The customer is entitled to offset against our claims if they file a complaint or counterclaim regarding the same purchase contract.
The customer may only exercise this right when the counter-claim is made in regards to the same purchase contract.
The restrictions on the right of retention agreed upon in this passage do not apply if the customer is a consumer.
Data protection provisions can be found in the Private Policy.
The contractor draws attention to the fact that the customer's data can be processed for advertising purposes on the basis of legitimate interests (Art 6 Paragraph 1 lit f GDPR). The customer can object to this form of data processing at any time (Art 21 Paragraph 2 GDPR).
Terms & Conditions Modifications / Subject to Change
We are entitled to modify these terms and conditions unilaterally as needed in terms of fixing equivalence mandate or to adapt to changing legal or technical conditions. The customer will be notified of the amended content via their last known email address. The modifications made become an integral part of the contract when the customer does not file a written objection within 6 weeks of the notification sent via email. Such a subsequent amendment does not create any disadvantages for the customer.
If any provision regarding these stipulated Terms and Conditions should be invalid, the validity of the remaining provisions shall not be affected. The invalid provision is to be replaced by a valid provision which is closest in terms of content to the will of both contractual partners identified in the agreement.
Changes made to these conditions and additions to them are only valid of they have been agreed to and signed in writing.
The language available at the time of completion of the contract is German.
Applicable Law and Jurisdiction
This contractual relationship shall be subject to Austrian law.
However, the applicable law must not lead to the consumer being deprived of the protection afforded by the mandatory regulations of his country of residence (cf. Art 6 (2) Rome I Regulation). The application of the United Nations Convention on the International Sale of Goods (UN Sales Convention) and reference standards are excluded.
The exclusive place of jurisdiction is Graz. If the customer is a consumer and is residing or has his habitual abode or is employed domestically, the customer can only be sued before those courts in whose administrative district his place of residence, his habitual abode or his place of employment is located.
Arbitration Board and Online Dispute Resolution
In the event of a dispute, we may be available to participate in the arbitration procedure via the Internet Ombudsman: https://ombudsmann.at/
In the event of problems arising, you can use this platform to lodge a complaint and to request for it to be handled by an independent dispute arbitration body: https://ec.europa.eu/consumers/odr
Our email address: firstname.lastname@example.org