Conditions

General Terms and Conditions of Time-Line ,
valid from 01/01/2022
Provider: Time-Line eU
Address: Eduard Klein Gasse 5, 1130 Vienna, Austria
Commercial register court: Commercial Court of Vienna
Telephone: +43 699 14050939
Email: info@time-line.at
Responsible supervisory authority: Municipal district office 13th and 14th district
Responsible chamber: Vienna Economic Chamber

1.1. The following general terms and conditions (GTC) apply to all business relationships between Time-Line and the customer for transactions made in the WEBSHOP. The web shop is geared towards Austria. The version valid at the time the contract is concluded is decisive. These GTC apply exclusively. By placing an order, the customer agrees to these General Terms and Conditions and is bound by them. These terms and conditions also apply to future orders from the customer, even if they are not expressly agreed again.

1.2. Customers within the meaning of these General Terms and Conditions are consumers. If consumers are mentioned in these general terms and conditions, these are natural and legal persons for whom the purpose of the order cannot be attributed to a commercial, self-employed or pre-professional activity, i.e. a transaction is not part of the operation of their company. The demarcation between consumers and companies is made in accordance with the Austrian Consumer Protection Act (KSchG).

2.1. Customers who have not yet reached the age of 18 require the consent of their legal representative.

2.2. All offers from Time-Line are non-binding; in particular, the presentation of the goods in the web shop does not constitute a binding offer from the company Time-Line; they are merely an invitation to submit an offer. Figures, images, drawings are only approximate values, unless they are specified as an expressly binding fixed value for the respective product. The customer accepts minor and objectively justified changes.

2.3. The order is made in the following steps:

• Selection of the desired goods
• Entry of personal data for the order in the web shop (first name, last name, street, house number, postal code, city, country, e-mail address, telephone number).
• Display of the pre-contractual information for consumers (§ 8 Para. 1 and 2 KSchG), if they are not already visible in the product.
• Choice of shipping method and method of payment (advance payment)
• Checking the information in the shopping cart
• Confirmation by clicking the "Buy" button
• Re-examination and, if necessary, correction of the data entered.
• Binding dispatch of the order

2.4. By ordering in the web shop, the customer makes a binding offer to conclude a purchase contract for the goods contained in the shopping cart. By submitting the order, the customer recognizes the pre-contractual information for consumers and the General Terms and Conditions as solely relevant for the legal relationship with the company Time-Line.

2.5. Time-Line will immediately confirm receipt of the customer's order. This confirmation only serves the customer as proof of the successful receipt of the order and does not represent acceptance of the order. The confirmation of receipt only represents a declaration of acceptance if Time-Line expressly declares this in writing.

2.6. Time-Line is entitled to accept the contract offer contained in the order within three working days of receipt by Time-Line. This acceptance takes place through the transmission of a written order confirmation.

If an order confirmation is not sent to the customer by Time-Line within the periods specified above, the customer's commitment period has expired and the purchase contract has not come about.

Time-Line is entitled to refuse acceptance of the order, for example after checking the customer's creditworthiness.

2.7. The text of the contract is saved by Time-Line and sent to the customer by e-mail after the contract has been concluded, together with the legally effective General Terms and Conditions.

3.1. You have the right to withdraw from this contract within fourteen days without giving a reason .

3.2. The withdrawal period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods . In the case of a contract for several goods ordered in a single order but delivered separately or ordered in several orders and delivered together, from the day on which you or a third party designated by you who is not the carrier, the last goods took possession.

3.3. In order to exercise your right of withdrawal , you must inform us (Time-Line [Eduard Klein Gasse 5], [1130/Vienna]) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). to step back inform . You can use the attached sample withdrawal form for this, but it is not mandatory.

3.4. In order to meet the cancellation deadline, it is sufficient for you to send the communication regarding the exercise of your right of cancellation before the cancellation period has expired .

3.5. consequences of resignation
If you withdraw from this contract,

3.6. The right of withdrawal does not apply to the delivery of

• Goods made to customer specifications or clearly tailored to personal needs;
• Goods that can spoil quickly or whose use-by date would soon be exceeded
• Goods that are not suitable for return for reasons of hygiene and health protection if they are delivered sealed and the customer removes the seal (e.g. for food),
• Goods which, due to their nature, were inseparably mixed with other goods after delivery,
• alcoholic beverages , the price of which was agreed when the contract was concluded, but which cannot be delivered earlier than 30 days after the conclusion of the contract and the current value of which depends on fluctuations on the market over which the entrepreneur has no influence,
• audio or video recordings or computer software supplied in a sealed package if unsealed after delivery,
• Newspapers, periodicals or magazines with the exception of subscription contracts for the delivery of such publications,
• the delivery of digital content that is not stored on a physical data carrier if Time-Line - with the express consent of the consumer, combined with his knowledge of the loss of the right of withdrawal in the event of a premature start with the performance of the contract, and after providing a copy or confirmation - before the end of the The withdrawal period according to § 11 has started with the delivery;
• Delivery of groceries, drinks or other household items of daily necessities, delivered by the entrepreneur as part of frequent and regular trips to the consumer's place of residence, place of stay or place of work.
  
  

3.7. Sample cancellation form
(If you want to withdraw from the contract, please fill out this form and send it back.)

4. Other withdrawal from contract

4.1. Time-Line's Right of Withdrawal
Time-Line is entitled to withdraw from the contract and to demand the return of the goods if the customer behaves in breach of contract, particularly in the event of default of payment. In addition, Time-Line is entitled to breach a duty according to 8.3. to withdraw from the contract and to demand the return of the goods if it can no longer be expected of Time-Line to adhere to the contract.

This withdrawal is without prejudice to Time-Line's claim for damages due to non-performance. In addition, the customer owes Time-Line a reasonable fee for the use of the goods.

In the event of withdrawal from the contract according to 4.1. Time-Line has the choice to demand the damage actually incurred.

4.2. Unjustified cancellation by the customer
If the customer withdraws from the contract without being entitled to do so, or if he requests its cancellation, Time-Line has the choice of insisting on the fulfillment of the contract or agreeing to the cancellation of the contract. In the latter case, the customer is obliged, at Time-Line's option, to request either a lump-sum compensation of 15% of the invoice amount or the damage actually incurred.

4.3. return
If there is a withdrawal from the contract in accordance with point 4 (by mutual agreement or otherwise justified), the customer must return goods that have already been delivered to Time-Line immediately, but no later than within 14 days, at their own risk and expense. The return address is: Thomas Nikiforov, Eduard Klein Gasse 5 / 1130 Vienna / Austria

5. Prices and terms of payment

5.1. The prices offered are daily prices and apply until revoked. Austrian sales tax is included in the price. Despite our best efforts, a few products in the web shop or catalog may be incorrectly priced. When processing the order, the prices are also checked. If there is an error in the pricing and the correct price is higher than the price on the website, the customer will be contacted before the order is confirmed and before the goods are shipped whether they wish to purchase the product at the correct price or cancel. If the correct price of the goods is lower than that stated on the website, the correct lower price will be recorded in the order confirmation and only this amount will be charged.

Costs for packaging and shipping are invoiced separately in the form of a flat rate and shown as a separate item in the order. These are deemed to have been approved by the customer with the order in terms of content and amount. The prices valid at the time of the order are always decisive.

5.2. The customer can pay the price in advance, bank transfer, credit card or other forms of payment offered in the online shop.

Time-Line reserves the right to exclude individual payment methods after a credit check.

5.3. The customer undertakes to pay the price within 3 days of receipt of the service at the latest. After this period has expired, the customer is in default of payment.

In the event of a delay in payment, Time-Line is entitled to charge 5% interest on arrears pa, but in any case the statutory interest on arrears.

We reserve the right to assert further damages. If the customer does not pay the amount owed after setting a reasonable grace period, Time-Line has the right to withdraw from the contract and/or to demand damages instead of performance.

5.4. The customer undertakes to bear all necessary costs associated with the collection of the claim for which he is responsible for appropriate out-of-court debt enforcement and collection measures, insofar as these are in reasonable proportion to the claim being pursued.

If the customer is in arrears, incoming payments will first be offset against the costs incurred by the collection of extrajudicial, including debt collection and legal dunning and judicial nature, against the interest accrued so far, and only then against the capital. If there are several obligations on the part of the customer towards Time-Line, the incoming payments will be credited in the above-mentioned manner to those arrears that have been outstanding for the longest time.

6. Delivery

6.1. Deliveries are only possible to and within Austria. Unless otherwise agreed, delivery will be made to the delivery address specified by the customer in accordance with the delivery conditions.

6.2. If Time-Line exceeds the specified delivery periods or agreed delivery dates, the customer can set a reasonable grace period in writing of at least the duration of the originally specified delivery period and withdraw from the contract if this is exceeded.

6.3. The occurrence of events for which Time-Line is not responsible, such as force majeure, strikes, lockouts, production downtime at the sub-suppliers or the like, delays the expiry of delivery times for the duration of this event. If the delivery becomes impossible or unreasonable for Time-Line due to the circumstances mentioned, Time-Line is released from the delivery obligation in the sense of a mutual contract termination without the customer being able to derive any claims against Time-Line from this, for whatever legal reason. Time-Line will notify the customer of this immediately.

If the delay in delivery lasts longer than 4 weeks, the customer is entitled to withdraw from the contract. In this case, the customer is not entitled to any claims for damages, except in the case of intent and gross negligence on the part of Time-Line, or other claims.

7. Passing of Risk

7.1. In the case of the customer, the risk of accidental loss and accidental deterioration of the goods passes to the customer upon handover, but in the case of mail-order sales only upon handover of the goods to the customer or to a third party designated by the customer who is different from the carrier.

7.2. The handover is the same if the customer is in arrears with acceptance.

8.1. The delivered goods remain the unrestricted property of Time-Line until full payment (including interest, expenses and costs). The customer undertakes to keep the object of purchase free of third-party rights until full payment has been made, in particular not to resell or pledge the object of purchase or give it to third parties as security.

8.2. The customer is not permitted to treat or process the goods during the retention of title.

8.3. The customer is obliged to treat the goods with care during the existence of the retention of title. If maintenance and inspection work is required, the customer must carry this out regularly at his own expense.

The customer must inform Time-Line immediately in writing of any access by third parties to the reserved goods, in particular of enforcement measures, as well as any damage or destruction of the reserved goods. The customer must notify us immediately of any change in ownership of the reserved goods and the specified change of address.

The customer has to compensate Time-Line for all damages and costs that result from a violation of the obligations and from necessary intervention measures against access by third parties to the goods.

8.4. Time-Line is entitled to withdraw from the contract and to demand the return of the goods if the customer behaves in breach of contract, particularly in the event of default of payment. In addition, Time-Line is entitled to breach a duty according to 8.3. to withdraw from the contract and to demand the return of the goods if it can no longer be expected of Time-Line to adhere to the contract.

This withdrawal is without prejudice to Time-Line's claim for damages due to non-performance. In addition, the customer owes Time-Line a reasonable fee for using the goods.

8.5. As long as the goods have not been paid for in full, rights and obligations arising from the purchase contract may not be transferred to third parties by the customer without the express written consent of Time-Line.

9.1. Time-Line provides a guarantee within the framework of the statutory provisions.

9.2. Time-Line does not give any guarantee in the legal sense to the customer. Manufacturer guarantees remain unaffected.

10. Limitations of Liability

10.1. Claims for damages are limited to damages caused intentionally or through gross negligence by Time-Line. Claims for damages in the event of slight negligence are excluded.

The exclusion of liability does not apply to claims arising from the Product Liability Act. Furthermore, the exclusion of liability does not apply to damage attributable to Time-Line resulting from injury to body or health or loss of life of the customer.

10.2. Time-Line is only liable for its own content on the website of its online shop. Insofar as links allow access to other websites, Time-Line is not responsible for the external content contained there. Time-Line does not adopt the third-party content as its own. If Time-Line becomes aware of illegal content on external websites, Time-Line will block access to these websites immediately.

11.1. Plans, sketches or other technical documents as well as samples, catalogues, brochures, illustrations and the like always remain the intellectual property of the company Time-Line; the customer does not receive any rights of use or exploitation whatsoever.

11.2. The customer is obliged to notify Time-Line of any changes to his home address as long as the contractual legal transaction has not been completely fulfilled by both parties. If the notification is omitted, declarations are also deemed to have been received if they are sent to the last known address.

12. Governing Law

If Austrian law does not apply anyway due to the orientation of this web shop towards Austria, the applicability of Austrian law shall apply exclusively to the exclusion of the UN Sales Convention.

For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

13.1. The contract language is German.

13.2. If the customer violates these terms of sale and Time-Line does nothing about it, this does not mean that Time-Line waives its rights. Time-Line remains entitled to exercise its rights in the event of another/recent violation of the conditions of sale by the customer.

13.3. Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.