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Fliegende Galerie

General Terms and Conditions

This is a convenience translation. The German version is legally binding.

General Terms and Conditions with Customer Information

  1. Scope
  2. Offers and descriptions of services
  3. Ordering process and conclusion of the contract
  4. Prices and shipping costs
  5. Delivery, availability of goods
  6. Terms of payment
  7. Retention of title
  8. Warranty for material defects and guarantee
  9. Liability
  10. Storage of the contract text
  11. Final provisions

1. Scope 1.1. The business relationship between Fliegende Galerie Shop, 1130 Wien, Auhofstraße 58/1 (hereinafter “Seller”) and the customer (hereinafter “Customer”) shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.

1.2. Deviating terms of the Customer shall not be recognised unless the Seller expressly agrees to their validity.

2. Offers and descriptions of services The presentation of the products in the online shop does not constitute a legally binding offer but an invitation to place an order. Descriptions of services in catalogues and on the Seller’s websites do not have the character of an assurance or guarantee. All offers are valid “while stocks last”, unless otherwise indicated for the products. Errors are otherwise excepted.

  1. Ordering process and descriptions of services

3.1. The Customer can select products from the Seller’s range without obligation and collect them in a so-called basket via the button [Add to basket]. Within the basket, the product selection can be changed, e.g. deleted. The Customer can then proceed to complete the ordering process within the basket via the button [Proceed to checkout].

3.2. By clicking the button [Order with obligation to pay], the Customer submits a binding offer to purchase the goods in the basket. Before sending the order, the Customer can change and view the data at any time and, using the browser function “back”, return to the basket or cancel the ordering process altogether. Required information is marked with an asterisk (*).

3.3. The Seller then sends the Customer an automatic acknowledgement of receipt by e-mail, in which the Customer’s order is listed once again and which the Customer can print out using the “Print” function (order confirmation). The automatic acknowledgement of receipt merely documents that the Customer’s order has been received by the Seller and does not constitute acceptance of the offer. The contract of sale is only concluded when the Seller has dispatched or handed over the ordered product to the Customer or has confirmed dispatch to the Customer with a second e-mail, an express order confirmation or by sending the invoice.

3.4. Should the Seller offer payment in advance, the contract is concluded upon provision of the bank details and the request for payment. If, despite being due and even after a further request, payment has not been received by the Seller within 14 calendar days of the order confirmation being sent, the Seller withdraws from the contract, with the consequence that the order lapses and the Seller has no obligation to deliver. The order is then settled for the buyer and the Seller without further consequences. An item is therefore reserved for a maximum of 14 calendar days in the case of payment in advance.

  1. Prices and shipping costs 4.1. All prices stated on the Seller’s website include the applicable statutory VAT.

4.2. In addition to the stated prices, the Seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process.

  1. Delivery, availability of goods 5.1. Where payment in advance has been agreed, delivery takes place after receipt of the invoice amount.

5.2. Should delivery of the goods fail through the fault of the buyer despite three delivery attempts, the Seller may withdraw from the contract. Any payments made will be refunded to the Customer without delay.

5.3. If the ordered product is not available because the Seller is not supplied with this product by its supplier through no fault of its own, the Seller may withdraw from the contract. In this case, the Seller will inform the Customer without delay and, where applicable, propose the delivery of a comparable product. If no comparable product is available or the Customer does not wish a comparable product to be delivered, the Seller will refund to the Customer without delay any consideration already provided.

5.4. Customers are informed of delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.

  1. Terms of payment 6.1. The Customer can choose from the available payment methods during and before completion of the ordering process. Customers are informed of the available means of payment on a separate information page.

  2. Retention of title The goods delivered remain the property of the Seller until payment has been made in full.

  3. Warranty for material defects and guarantee 8.1. The warranty is governed by the statutory provisions.

8.2. A guarantee exists for goods delivered by the Seller only if it has been expressly given

  1. Liability 9.1. Without prejudice to the other statutory conditions for claims, the following exclusions and limitations of liability apply to the Seller’s liability for damages.

9.2. The Seller is liable without limitation where the cause of the damage is based on intent or gross negligence.

9.3. Furthermore, the Seller is liable for the slightly negligent breach of essential obligations, the breach of which jeopardises the achievement of the purpose of the contract, or for the breach of obligations the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the Customer regularly relies. In this case, however, the Seller is only liable for the foreseeable damage typical of the contract. The Seller is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.

9.4. The above limitations of liability do not apply in the case of injury to life, body and health, for a defect after a guarantee has been assumed for the quality of the product, or in the case of fraudulently concealed defects. Liability under the Produkthaftungsgesetz (Product Liability Act) remains unaffected.

9.5. Insofar as the Seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

  1. Storage of the contract text 10.1. The Customer can print out the contract text before submitting the order to the Seller by using the print function of their browser in the last step of the order.

Note: Please note below that the link http://ec.europa.eu/consumers/odr/ must be clickable 11. Final provisions 11.1. The place of jurisdiction and place of performance is the Seller’s registered office if the Customer is a merchant, a legal entity under public law or a special fund under public law.

11.2. The language of the contract is German.

11.3. Platform of the European Commission for online dispute resolution (ODR) for consumers: http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.