Terms of service
General terms and conditions
The following general terms and conditions shall apply to all offers and contracts of quismo GmbH with customers, unless otherwise agreed in detail. Any deviating terms and conditions of the customer, in particular the customer's general terms and conditions, shall not become part of the contract unless quismo GmbH has expressly agreed to them in writing in advance.
The currently valid version of these GTC can be viewed and accessed at any time under the link quismo.com/agb
These GTC apply to consumers within the meaning of the Consumer Protection Act.
2. Subject of the contract
The subject of the contract is the delivery of the product "QUISMO".
3. Contract conclusion
Quotations from quismo GmbH are subject to change. They have no binding effect and are to be understood merely as an invitation to submit an offer.
The offer is made by the customer when the customer places an order with quismo GmbH via the online store at quismo.myshopify.com. The order represents a binding offer to conclude a contract. The confirmation of receipt of the order follows immediately after sending the order and does not yet represent acceptance of the contract.
There shall be no obligation on the part of quismo GmbH to conclude a contract. quismo GmbH shall be free not to accept a customer's offer without stating reasons; this shall apply in particular if the customer does not acknowledge all documents of quismo GmbH (general terms and conditions, price sheets, contract sheet).
The acceptance of the contract by quismo GmbH shall be made by sending the contract document to the customer. This takes place within 3 days, provided that quismoGmbH agrees with the conclusion of the contract.
Silence on the part of quismo GmbH shall not be deemed acceptance of the contract or consent.
In the absence of any agreement to the contrary, the goods shall be delivered without unnecessary delay, but no later than within 30 days from the date of conclusion of the contract.
The goods are delivered by parcel through a contracted transport company to the specified place of delivery. The delivery is regularly a few days.
You as a customer will be informed about any delivery problems at the latest at the beginning of the order process.
The deliveries of quismo GmbH are - unless otherwise stated in the individual products - free of shipping costs.
Successful delivery is confirmed by the recipient's signature.
5. Withdrawal rights
You have the right according to § 11 FAGG to withdraw from this distance contract within a period of fourteen days without giving reasons, calculated from the conclusion of the contract. The declaration of withdrawal can be submitted informally or by means of the withdrawal form provided below. It shall be deemed timely if it is sent within the deadline to email@example.com or to quismo GmbH, Sternaeckerweg 83a, A-8041 Graz.
To quismo GmbH, Steraeckerweg 83a, A-8041 Graz, firstname.lastname@example.org
I hereby revoke the contract I concluded for the purchase of the product QUISMO
Ordered on/received on:
Name of the consumer:
Address of the consumer:
Signature of the consumer (only in case of notification on paper)
It should be noted that the period for exercising the right of withdrawal shall be extended by twelve months if quismo GmbH has not complied with the obligation to inform the consumer about the conditions, time limits and procedure for exercising the right of withdrawal by providing the model withdrawal form before the consumer is bound by a contract or his contractual declaration.
The delivery of the goods is sealed. The customer has no right of withdrawal if sealed goods are delivered which are not suitable for return for reasons of health or hygiene, provided that the seal has been removed after delivery.
6. Terms of payment / Default / Set-off
Payment methods are credit card, Paypal, Paypal Express, Amazon Pay and invoice via our partners Klarna, Maestro, Paypal and Shopify. The quismo GmbH reserves the right to specify the payment methods at the time of the order by the customer without giving reasons.
The costs and chargeback fees of the banks or payment service providers etc. arising from incorrect account details, chargebacks or insufficient account coverage, which are culpably caused by the customer or are based on culpable conduct of third parties attributable to the customer, shall be borne by the customer.
The purchase price shall become due for payment upon conclusion of the contract. If the legal requirements are met, the customer shall automatically be in default if he does not make payment within 30 days of the due date and receipt of the invoice, whereby the customer shall be specifically informed of this consequence in the invoice. In the event of default, the customer will be charged additional interest on arrears in the amount of 4% p.a.. A separate reminder will not be sent. The debtor is not in default as long as the performance is omitted due to a circumstance for which he is not responsible.
Claims of quismo GmbH may only be set off against counterclaims expressly acknowledged by quismo GmbH or counterclaims that are legally related to the obligation or have been legally established. Furthermore, offsetting shall be permissible in the event of the insolvency of quismo GmbH.
The prices at the time of submission of the offer by the customer shall apply in each case. All prices are final prices in Euro including the Austrian statutory value added tax.
8. Changes to these conditions
quismo GmbH reserves the right to make changes to these GTCs at any time. Your contracts will be governed by the GTCs in effect at the time you enter into the contract, unless a change to these terms is required by law or governmental order (in which case they will also apply to orders you have previously placed).
quismo GmbH and its vicarious agents shall only be liable for intent and gross negligence; this limitation of liability shall not apply to personal injury. The aforementioned shall therefore not be liable for property damage and financial loss caused by slight negligence. Furthermore, liability - except in cases of gross negligence and intent - for consequential damages and loss of profit is excluded.
10. Applicable law, place of jurisdiction
Austrian substantive law shall apply to the exclusion of its conflict of law rules and the UN Convention on Contracts for the International Sale of Goods.
For consumers from another EU member state, the more favorable consumer protection regulations of the respective EU member state apply, as well as the statutory jurisdiction for consumers of the respective EU member state.
Status: January 2021