General Commercial Terms and Conditions
General commercial terms and conditions effective in our company’s point of mail-order sale.
Christian Huemer / registered sole trader
Westbahnstrasse 20 / 4
Phone: +43 660 2373680
Tax identification number: ATU63218299
International and domestic banking details:
1. Scope of commercial terms and conditions
Christian Huemer / registered sole trader – operates an online shop on the website www.comerc-store.at. These commercial terms and conditions, as may be effective at the time of signing the agreement, shall apply to commercial transactions between you and “Christian Huemer” sole trader (hereinafter referred to also as Comerc Store). Comerc Store does not accept any other commercial terms and conditions, including those you represent, except for those which we had previously expressly approved in writing under the pain of invalidity.
When you place your order, it is deemed that you have accepted our commercial terms and conditions, which at the same time become an integral part of any individual purchase contract. Any changes to general commercial terms and conditions shall be published on the website www.comerc-store.at or else invalid.
2. Conclusion of the contract
Statements and data contained in our price-lists, advertisements, brochures and internet-pages are always subject to change and not binding. We expressly reserve the right to change at any time the details contained in the above material. Any orders placed by customers are deemed to constitute offers to enter into a contract. Orders placed via our internet-pages are deemed to have been placed at the time the electronic order was received by us. The contract will only be concluded with the acceptance of the order. Acceptance of the order ensues at the latest upon delivery of the goods. After you have placed your order on our website www.comerc-store.at, you will receive a reply e-mail with all the details regarding your order: product name, terms of delivery, terms of payment and delivery itself. When we send the ordered goods to you, you will also receive an electronic information (confirmation of dispatch). You will also be informed if your order exceeds the amount of goods available in our warehouse, or if the goods exceptionally may not be delivered to you.
3. Right to withdrawal
3.1. The right to withdraw from a contract
Persons placing orders, who are consumers in accordance with the legislation pertaining to consumer protection, may within a period of 14 days from the date of receiving the goods they ordered withdraw from a contract concluded via distance selling (or from a contractual declaration made via distance selling). It is sufficient to avail yourself of the right to declare your withdrawal within the time limit stated above. The right to withdraw does not apply, inter alia, to special orders (discounted goods) or the category “light bulbs”. Likewise excluded from the right of withdrawal are goods that have been used or are not returned in the original wrapping/packaging. In the event of cancellation, full or partial reimbursement of funds already transferred will only be effected upon the concurrent return of the goods received by the customer placing the order. The costs of returning the goods are to be borne by the customer; shipping charges are not generally refunded.
Returns or statement of withdrawal shall be sent to:
Westbahnstrasse 20 / 4
3.2. Consequences of cancellation
In case of an effective return any payments received or, if applicable, any benefits achieved by use of the goods must be returned by both parties. In the event that the goods have deteriorated or for use (i.e. benefits from use) ,which cannot be reimbursed fully or partially or only in an impaired condition, you will have to pay an appropriate compensation.
You will only have to pay compensation for a deterioration of the goods or for any benefits achieved, if the use or the deterioration is the result of handling the merchandise in a way that exceeds the assessment of its attributes or functionality. “Assessment of attributes or functionality” is defined as testing and trying out the respective merchandise, as it is possible and common in a shop. Obligations with regard to the refund of payments must be met within 30 days. For you this period begins with the dispatch of the merchandise or the send date of the return request, for us with the receipt.
The costs of your order will be charged to your credit card or bank account. In case of a return, your relevant card or bank account will be credited. However, any losses that are caused by currency fluctuations will not be refunded.
If you have any queries considering your return rights, please contact our customer care management:
Telefon: +43 660 2373680
4. Saving of contract
The vendor stores the order of the buyer with the order data provided by the buyer. Additionally, the vendor stores the contract note with the General Terms and Conditions included in the contract.
The buyer can save and print the order and contract confirmation sent to him by the vendor via e-mail. The buyer can click on, save and print the General Terms and Conditions during or immediately after the order process.
5. Conditions of payment
The buyer can pay for the order by “credit card payment”, “PayPal” or “bank transfer”. Any other means of payment is only possible after an express agreement with the vendor in writing.
We deliver our goods to all countries. If no other arrangements are made, we deliver the goods to the given delivery address. Any information delivered by us referring to the availability of the product/article, delivery and dispatch are only for informational purposes and are not binding for us in respect to guarantee of delivery terms. Usually the goods are ready for dispatch within 24 hours (except weekends). You will be informed by e-mail about any delays. Deliveries are available while stocks lasts. If Comerc Store does not have the product you have ordered, we reserve the right to withdraw from the purchase contract. Thus, the delivery will not be made and you will be informed thereof immediately. Comerc Store reserves the right to add to the invoice any additional costs related to dispatch and delivery, even if they arise in connection with unsuccessful delivery.
7. Shipping charges
a. Within Austria
Shipping charges within Austria amount to EUR 5.00. Those charges are levied on all orders up to a value of EUR 50. 00. Orders over EUR 50.00 are shipped free of charge.
b. Within the European Union (EU)
Shipping charges within the EU amount to EUR 15.00. Those charges are levied on each shipment as long as the value of the order is less than EUR 150.00. Orders over EUR 150.00 are shipped free of charge.
Belgium, Bulgaria, Croatia, Denmark (excluding Greenland and the Faroe Islands), Germany (excluding Helgoland and Büsingen), Estonia, Finland (excluding the Aland Islands), France (excluding Guadeloupe, Guayana, Martinique, Mayotte, Réunion, St.Pierre et Miquelon), Greece (excluding Mount Athos), Great Britain and Northern Ireland (including Island Man, excluding Guernsey and Jersey), Ireland, Italy (exluding Livigno, Campione d’Italia, Lake Lugano), Latvia, Lithuania, Luxembourg, Malta, Monaco, the Netherlands (excluding the Dutch Antilles), Poland, Portugal (including the Azores, Madeira), Romania, Sweden, Slovakia, Slovenia, Spain (excluding the Canary Islands, Melilla, Ceuta), Czech Republic, Hungary, Republic of Cyprus (excluding the Turkish Northern Cyprus)
c. Rest of Europe
Shipping charges outside the EU amount to EUR 20.00. Those charges are levied on each shipment as long as the value of the order is less than EUR 200.00. Orders over EUR 200.00 are shipped free of charge.
Aland Islands (Finland), Albania, Andorra, Armenia, Azerbaijan, Mount Athos (Greece), Bosnia-Herzegovina, Büsingen (Germany), Campione d’Italia (Italy), Ceuta (Spain), Faroe Islands (Denmark), Georgia, Gibraltar, Greenland (Denmark) Guernsey (Great Britain), Helgoland (Germany), Jersey (Great Britain). Iceland, Canary Islands (Spain), Kazakhstan, Kosovo, iechtenstein, Livigno(Italy), Lake Lugano (Italy), Macedonia, Melilla (Spain), Montenegro, Moldova, Norway, Russian Federation, San Marino, Switzerland, Serbia, Turkey, Ukraine, Belarus, Vatican City, Cyprus (Turkish Northern Cyprus)
Shipping charges outside Europe amount to EUR 25.00. Those charges are levied on each shipment as long as the value of the order is less than EUR 250.00. Orders over EUR 250.00 are shipped free of charge.
e. Pick-up of goods from Comerc Store
Orders may be picked up free of charge from the shop – Westbahnstrasse 20/4 , 1070 Vienna – during opening hours;
Monday – Friday: 11 a.m. – 7 p.m.
Saturday: 11 a.m. – 6 p.m.
f. Express Vienna
Same day delivery within Vienna via bike messenger from Monday – Friday: 11 a.m. – 4 p.m.
Shipping amount: EUR 15,-.
To make sure, your delivery will leave our store immediately, we advice to call our store: +43 660 2373680
Unless otherwise stated, all prices cited are gross prices, including the prevailing statutory value added tax, but they do not include shipping and packing charges. If in the course of shipment, export and/or import dues are levied, those charges are also borne by the person placing the order. Subject to change without notice. The charges are calculated in euro.
9. Reservation of property right of a sold item
Delivered goods remain the property of Comerc Store until the goods and delivery are completely paid up.
The statutory warranty rights shall be valid.
9. Data protection
We take privacy very seriously. The customer agrees to the data that he/she provides being stored and processed in compliance with the code for the protection of personal data. The customer further expressly agrees to his/her address details being stored in our customer files and declares him/herself in agreement with the receipt of customer information, until revoked. Those data will of course be treated in strict confidence and not divulged to third parties.
The contract language is English.
In the event of one clause proving to be or become ineffective or incomplete, the other terms and conditions shall remain in legal effect.
12. Court of jurisdiction
The exclusive place of jurisdiction for all disputes arising out of or relating to the contractual relationship shall be Vienna, Austria.