Terms and conditions
General Terms and Conditions (GTC)
of Dr. Karin Dominik
(Last updated in April 2021)
1. Applicability
The following General Terms and Conditions (GTC) shall apply to any and all offers, contracts, deliveries and services of Dr. Karin Dominik. By placing a purchase order the Customer acknowledges and accepts these GTC and agrees to the same. Provisions of customer GTC which deviate from these GTC shall not be accepted.
2. Conclusion of contract
2.1. No presentation of goods in the online shop shall constitute a binding offer by Dr. Karin Dominik to conclude a sales contract. It shall merely constitute an invitation for the Customer to make an offer by means of a purchase order.
2.2. Purchase orders shall be placed as follows:
a. Selection of the desired goods by clicking on the button “into the shopping cart”
b. Entry of registration data for registration for the online shop (name, surname, address, email address); after initial registration only the email address and password are required for login
c. Display of pre-contractual information for consumers as defined in Section 5a of the Austrian Consumer Protection Act [KSchG] and Section 4 of the Austrian Act on Distance and Off-Premises Transactions [FAGG]
d. Selection of payment method (advance payment)
e. Checking and, where appropriate, correction of information in the shopping cart
f. Checking, and where appropriate, correction of data provided
g. Confirmation of and sending the purchase order by clicking on the button “order with obligation to pay”
h. By sending the purchase order in the online shop the Customer places a binding offer for conclusion of a sales contract on the goods in the shopping cart. By sending the purchase order the Customer accepts the pre-contractual information for consumers and these GTC as the only relevant bases for the legal relationship with Dr. Karin Dominik.
i. Dr. Karin Dominik shall acknowledge receipt of the Customer’s purchase order by sending an acknowledgement of receipt via email. Such acknowledgement of receipt shall constitute no acceptance of the offer by Dr. Karin Dominik. It shall merely serve the purpose of informing the Customer that Dr. Karin Dominik has received the purchase order. The offer to contract shall be declared accepted through delivery of the goods or an express statement of acceptance.
j. Dr. Karin Dominik shall save the contract containing the Customer’s purchase order information (i.e. type, quantity, date and time of purchase), which may be viewed by the customers in their personal Customer account under “purchase orders” after acknowledgement of receipt has been sent by Dr. Karin Dominik, provided that the Customer has created a Customer account in the online shop at www.karindominik.at prior to sending his/her purchase order.
3. Consumers’ right of termination as defined in Section 11 FAGG
3.1. Customers who are consumers as defined in the Austrian Consumer Protection Act [KSchG] may terminate a contract concluded off Dr. Karin Dominik’s premises or a distance contract within fourteen days.
3.2. The termination period shall commence on the day on which the consumer (Customer) or a third party nominated by the consumer (Customer) other than the carrier has taken possession of the goods. In the case of a contract on several goods that have been ordered by means of a single purchase order but are delivered separately the termination period shall commence on the day on which the consumer (Customer) or a third party nominated by the consumer (Customer) other than the carrier has taken possession of the last item. For timely termination sending of the notice of termination by the consumer (Customer) within the termination period shall be sufficient.
3.3. The Customer may use the model withdrawal form retrievable as PDF to give notice of termination.
3.4. In particular, there shall be no right of termination regarding contracts on goods
a. which are liable to deteriorate or expire rapidly;
b. which are sealed and not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
c. which are, after delivery, according to their nature, inseparably mixed with other items.
3.5. If the consumer (Customer) terminates the contract, the following shall be done concurrently:
a. Dr. Karin Dominik shall refund payments made by the consumer (Customer) including delivery costs and reimburse the consumer (Customer) the necessary and useful expenses incurred for the matter,
b. the consumer (Customer) shall return the goods received and pay Dr. Karin Dominik a reasonable fee for use including compensation for the related reduction in the goods’ fair market value.
3.6. The consumer (Customer) shall bear the costs of returning the goods.
4. Prices; Delivery costs
4.1. In the online shop prices are indicated next to the relevant items. All prices are stated in euros and are current prices inclusive of value-added tax applicable from time to time but exclusive of shipping costs, custom duties, etc., if any.
4.2. Shipment shall be made at the Customer’s cost, and the relevant shipping costs shall be calculated and communicated individually in the course of the ordering process, depending on the place of delivery and/or the delivery address.
4.3. If more than three products are ordered in a single purchase order, Dr. Karin Dominik shall be entitled to deliver them in parts, in particular if this is required for technical and logistical reasons.
5. Terms of payment; Late payment
5.1. The Customer shall pay all amounts not later than within 7 days of receipt of the payment request/invoice without deduction; the date of receipt of the amount in Dr. Karin Dominik’s business account sated on the payment request/invoice shall be decisive.
5.2. Accepted payment methods shall be: direct bank transfer, credit card, PayPal, Apple Pay and Google Pay.
5.3. If the payment method “direct bank transfer” is selected, payment shall be processed via the payment service provider Stripe (Stripe Legal), 510 Townsend Street, San Francisco, CA 94103, USA. When paying by “direct bank transfer” the Customer must possess an activated online banking account to authorise the payment transaction and confirm the payment order. The Customer’s account will be debited immediately after the payment transaction. For further information please see (www.stripe.com/AT/privacy).
5.4. If the payment method “credit card” is selected, the invoice amount will be due for payment immediately. Payment shall be processed via the payment service provider Stripe (Stripe Legal), 510 Townsend Street, San Francisco, CA 94103, USA. Stripe shall debit the invoice amount from the credit card account stated by the Customer. For further information please see www.stripe.com/AT/privacy.
5.5. If the payment method “PayPal” is selected, payment shall be processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. PayPal’s terms of use shall apply (https://www.paypal.com/de/webapps/mpp/ua/useragreement-full).
5.6. The Customer agrees to be sent invoices in electronic form.
5.7. In the case of late payment by the Customer Dr. Karin Dominik shall be entitled at her option either to claim damages in the amount actually incurred or late payment interest in the statutory amount. For consumers the interest rate is 4% p.a. above the base interest rate, for entrepreneurs 9.2% p.a.
6. Gift coupons
6.1. The Customer may purchase gift coupons at www.karindominik.at. They may exclusively be used for purchases in the online shop at www.karindominik.at. Redemption in cash shall be excluded.
6.2. For the purchase of gift coupons which Dr. Karin Dominik sends as .pdf files via email the Customer shall ensure that the technical and actual prerequisites for receipt of such emails and the gift coupons are met. This shall include the availability of suitable hardware and the download of content sent, and proper opening, management, editing and delivery of the file(s).
6.3. Gift coupons may not be used in combination with promotion codes and/or discounts.
7. Default in acceptance
If the Customer has failed to take delivery of the goods as agreed, Dr. Karin Dominik shall be entitled to either insist on specific performance or to terminate the contract after having granted a reasonable grace period of at least 14 days and to realise the goods otherwise.
8. Terms of delivery
8.1. Dr. Karin Dominik shall be obliged to perform only if and when the Customer has fulfilled all his/her obligations necessary for performance. Shipping shall be made to the delivery address stated by the Customer in the course of the ordering process. For logistical reasons personal collection of the goods ordered is not possible.
8.2. Unless stated otherwise in the acknowledgment of the order, Dr. Karin Dominik shall ship the goods within 2 to 5 business days after receipt of payment or acceptance of the offer to buy by Dr. Karin Dominik.
8.5. If after acceptance of the purchase it turns out that for whatever reason the object of the purchase is not available, the Customer shall be notified thereof immediately and in that case Dr. Karin Dominik may terminate the contract. Customer claims arising from impossibility of performance of the contract shall be excluded. Any purchase price paid shall be refunded immediately.
8.6. Dr. Karin Dominik shall not be liable for any transport damage. If goods are damaged during transport, the Customer is advised to claim damages directly from the transport company. The same shall apply if the transport company loses the goods.
If the Customer is a consumer, the risk of loss of or damage to the goods shall pass to the consumer only if and when the goods are delivered to him/her or to a third party nominated by him/her other than the carrier. However, if the Customer has concluded the transport agreement himself/herself without making use of an option that may have been expressly suggested by Dr. Karin Dominik, the risk shall pass to the Customer as early as at the time the goods are handed over to the carrier.
9. Warranty; Liability
Warranty
9.1. Warranty shall depend on the applicable statutory warranty regulations. In the case of obvious defects the Customer must refuse to accept the goods and/or immediately notify Dr. Karin Dominik thereof.
9.2. Any assignment of warranty rights by the Customer to third parties shall be excluded.
9.3. If a guarantee promise has been made, liability for defects in the object of the purchase, if any, shall be governed by the terms and conditions of the relevant manufacturer of the object of the purchase (e.g. guarantee letter).
9.4. Dr. Karin Dominik shall not be liable for the accuracy of details or descriptions of the objects of the purchase in terms of form or content (e.g. advertising of the manufacturer or importer).
9.5. Warranty claims shall be excluded in the case of normal wear and tear of the goods in the course of use by the Customer in accordance with their designated purpose and in the case of defects caused by the Customer, which shall include, without limitation, improper handling or use, excessive use, attempts of the Customer or third parties to repair the product and the like.
Liability
9.6. The Customer shall be entitled to damages only if they result from wilful or grossly negligent handling on the part of Dr. Karin Dominik or her agents [translator’s note: Erfüllungsgehilfen as defined in Section 1313a ABGB]. Except for personal injuries, such claims shall be limited to the amount of the value of the goods delivered or the price of other services provided. Liability for indirect damage, lost profit and/or mere pecuniary damage shall be excluded.
9.7. For consumers exclusion of liability shall only apply to damage to property and only in the case of damage caused by slight negligence on the part of Dr. Karin Dominik or her agents.
9.8. Dr. Karin Dominik shall not be liable for technical failures in the operation of her online shop. Also, Dr. Karin Dominik reserves the right to discontinue operation of the same at any time; this shall be done, however, without prejudice to proper performance of contracts concluded before.
9.9. Dr. Karin Dominik shall not be liable for damage caused by misuse of credit card data.
10. Retention of title
All goods shall be delivered by Dr. Karin Dominik subject to retention of title, and Dr. Karin Dominik shall retain title to the goods until payment has been made in full. Claiming retention of title shall constitute termination of the contract only if expressly declared as such. In the case that goods are taken back Dr. Karin Dominik shall be entitled to invoice shipping and handling charges. In the case that goods title to which has been retained are seized by third parties, in particular by means of attachment, the Customer undertakes to point to Dr. Karin Dominik’s title to the goods and to notify her immediately. If the Customer is a consumer, he/she shall not be entitled to dispose of goods title to which has been retained until payment of the purchase price outstanding has been made in full.
11. No offsetting
11.1. The Customer shall not be entitled to offset counterclaims of his/her against claims of Dr. Karin Dominik unless Dr. Karin Dominik is insolvent or the counterclaims are legally related to the Customer’s liability or have been ascertained by court or accepted. In addition, withholding of payments by the Customer on whatever legal ground shall be inadmissible.
11.2. Consumers shall have a right to withhold if Dr. Karin Dominik fails to provide her service in accordance with the contract, is insolvent or they are legally entitled to such a right. The clause on no offsetting shall not apply to consumers if Dr. Karin Dominik is insolvent or where counterclaims are offset that are legally related to the consumer’s liability, that have been ascertained by a court or accepted by Dr. Karin Dominik.
12. Data protection; Advertising
12.1. Dr. Karin Dominik and the Customer shall comply with the provisions of the Austrian Data Protection Act [Datenschutzgesetz/DSG], of the General Data Protection Regulation (GDPR) and with other statutory obligations to maintain secrecy, if any.
12.2. To perform the contract Dr. Karin Dominik shall process the personal data required for this purpose.
12.3. The Customer undertakes to take any and all measures necessary to comply with data protection law, including, without limitation, those measures defined in the GDPR, to ensure that Dr. Karin Dominik is allowed to process the personal data for the purpose of the contractual relationship.
12.4. The Customer agrees that Dr. Karin Dominik will automatically collect, store, process and otherwise use the Customer’s personal data such as name, surname, postcode, address, telephone number, fax number, email address, date of birth or bank account details, for the purpose of concluding and performing the contractual relationship and for her own advertising purposes, and that she will send the Customer mail for advertising purposes by letter and/or electronically by email. The Customer shall have a right to object to be sent advertising or promotional material by sending a message to office@karindominik.at. Detailed information with regard to data protection law pursuant to Art 13 et seqq. GDPR may be retrieved from Dr. Karin Dominik’s website at www.karindominik.at.
12.5. Such Customer data shall be saved for customer care purposes and shall be passed on or disclosed to third parties only if necessary for performance of the contract.
12.6. The Customer shall be entitled to object to use of his/her data at any time by sending an email to office@karindominik.at.
13. Third-party rights (copyright)
13.1. The Customer acknowledges that third parties may hold rights to the object of the purchase, in particular copyrights or other intellectual property rights. He/She undertakes to use the object of the purchase exclusively to the extent permitted by contract and/or law.
13.2. The forgoing clause (13.1) shall apply to Dr. Karin Dominik’s rights to her website and its content such as texts, graphics, logos, trademarks, brands, headings, programmes, price lists, databases and other services.
14. Place of performance; Language; Choice of law; Place of jurisdiction
14.1. The place of performance shall be 1080 Vienna (8th district).
14.2. The language of the contract shall be German.
14.3. The Parties agree on jurisdiction of the Austrian courts. Unless a consumer transaction is concerned, the court in 1080 Vienna having jurisdiction over the subject matter shall have exclusive local jurisdiction over all disputes arising out of this contract.
14.4. This contract shall be governed by Austrian substantive law; the conflict of laws rules of private international law and UN Sales Law shall be excluded. Vis-à-vis consumers this choice of law clause shall apply only insofar as it does not limit any mandatory statutory provisions of the state in which the consumer is resident or habitually resident.
14.5. If any provisions of this contract are legally ineffective, invalid and/or void or become legally ineffective, invalid and/or void in the course of their applicability, the legal effectiveness and validity of the remaining provisions shall not be affected. In that case the parties undertake to replace the provision that is legally ineffective, invalid and/or void by a provision that is legally effective and valid and which comes as close as possible to the business effect of the replaced provision.
14.6. All legally binding declarations based on this contract shall be made in writing to the other party’s address most recently advised. Declarations sent to the address most recently advised in writing shall be deemed received by the other party.
Dr. Karin Dominik
Auerspergstraße 17/23
A-1080 Wien
office@karindominik.at