General Terms and Conditions

General Terms and Conditions
New Systems Handels GmbH
Mariahilfer Straße 32
Austria, 1070 Vienna
VAT No. ATU 650 464 07
ILN No.: 9120044180009
Company registration number: FN328818g
Commercial Court of Vienna
Member of the Austrian Federal Economic Chamber (WKÖ)
Legal form: GmbH [limited liability company]

Chamber affiliation: Austrian Federal Economic Chamber, Expert Group for Trade acc. to the ECG (e-commerce law): Responsible authority of Mödling

Legal provisions: Industrial code (www.ris.bka.gv.at)

Editorial policy: The website and the free newsletters, forums or blog posts that can be obtained from the website serve to provide information about offers, activities and developments from “New Systems Handels GmbH” as well as to provide information about the company’s goods and services and to promote the sales thereof.

1. The applicability of the Terms and Conditions

These General Terms and Conditions (T&C) apply to all offers, deliveries, services and the sale of goods by the company “New Systems Handels GmbH”. By registering on the website (Online Shop), subscribing to the newsletter or placing an order, the customer accepts the current version of the T&C and confirms having understood them.

The present T&C correspond to the current version valid as of September 2019.

The General Terms and Conditions can be changed by “New Systems Handels GmbH” at any time and apply in the current version at the time of the order, the newsletter subscription or the registration of the client. The General Terms and Conditions shall apply to both consumers (B2C) and entrepreneurs (B2B), unless stated otherwise in the respective clause. The General Terms and Conditions shall apply exclusively, i.e. deviating or contradicting terms and conditions are excluded by “New Systems Handels GmbH”.

2. Offers and contract conclusion

The contract and working language shall be exclusively German, even if the website would be displayed in other languages. All offers are non-binding and subject to change with regard to the availability of the goods. Illustrations are only symbolic photos and shall not always correspond to the currently available products.

The products in the online shop or the website do not constitute an offer. The client only submits a binding offer by placing an order. Before placing an order, along with the name, address and telephone number, the client shall provide the e-mail address, and using which they shall receive, read, save and print an e-mail from„New Systems Handels GmbH at the designated place in the online shop or to be notified in any other way.

Immediately after receiving the order, which shall be construed as a binding contract offer, the customer receives a confirmation of receipt via e-mail. However, such confirmation is not yet an acceptance of the contract offer and a binding contract is not yet concluded in any case. The customer shall bound to the order for two days from receipt of such confirmation. The statutory right of withdrawal (right of revocation) shall remain unaffected.

“New Systems Handels GmbH” shall be entitled to refuse an order without giving reasons.

The contract is only concluded upon acceptance on our part or with delivery or collection of the ordered goods. The customer shall be informed of our acceptance by e-mail. We can only accept orders for deliveries in Austria or to the countries listed on the website.

In the case of weight of articles, there may be a maximum deviation of 20% of the delivered quantity to the ordered quantity. We shall not keep the purchase contract. If the customer wishes to print out the contract text after placing the order, they can do so by printing out all the components, including all attachments, of the invoice e-mail.

Prices and shipment

The prices offered (B2C shop) for the goods are gross prices in Euro (€) and include all statutory taxes and duties for domestic deliveries, in particular VAT; however, the prices offered exclude packaging and shipping costs.

The prices offered (B2B shop) for the goods are net prices in Euro (€); however, the prices offered exclude packaging and shipping costs.

The prices stated on the website, in catalogues, brochures, price lists, etc. are always non-binding, unless expressly stated otherwise in individual cases. The prices are also non-binding for reorders.

The prices of the day on which the order is received by “New Systems Handels GmbH” shall apply. The binding prices are shown on the order confirmation.

The purchaser shall bear all shipping costs. The costs of delivery are presented when ordering on the website after the correct selection in the shopping cart.

For deliveries outside Austria, additional customs duties and/or charges may apply, including any import or export duties and any excise duties that may result with a change in the gross prices offered. Such duties and/or charges shall be borne by the purchaser in the respective statutory amount. Deliveries outside of Austria can only take place if there are no legal or disproportionate logistical obstacles to the delivery.

If the customer would be in default of acceptance, we shall be entitled to store the goods with us, for which we charge a storage fee of € 2.00 plus VAT per commenced calendar day. Simultaneously, we remain entitled to insist on the fulfilment of the contract or to withdraw from the contract having set a grace period of 2 weeks and to resell the goods to another customer, in which case the buyer shall be obliged to pay an immediately due manipulation fee of 10% of the purchase price plus VAT.

Terms of payment and retention of title

The purchase price shall be due for payment upon conclusion of the contract without any deduction.

Payment can be made either by:

  • Credit card (Visa, Mastercard, American Express)
  • PayPal
  • Instant transfer
  • SEPA direct debit

“New Systems Handels GmbH” reserves the right to exclude payment types upon checking the customer’s creditworthiness.

The fees resulting from incorrect account details or chargebacks are only to be borne by “New Systems Handels GmbH” if we are responsible therefore. Otherwise they shall constitute the expense of the customer.

If the payment method “credit card”, “instant transfer” or “SEPA direct debit” is selected, the payment will be processed by our contractual partner Stripe, Inc (www.stripe.com). The customer must also observe their general terms and conditions in the context of payment processing.

If the payment method “PayPal” is selected, the payment will be processed by our contractual partner PayPal (Europe) S.à r.l. et Cie, S.C.A (www.paypal.com). The customer must also observe their general terms and conditions in the context of payment processing.

The goods shall remain our property until full payment.

In the event of default in payment by the customer, we shall be entitled to assert our rights from the retention of title. It is agreed that the assertion of the rights from the retention of title shall not constitute a withdrawal from the contract unless we expressly declare our withdrawal from the contract.

Even if the customer would be in default of payment through no fault of their own, consumers may claim late payment interest of 4% p.a. or 9.2% p.a. for entrepreneurs to be offset above the base rate. After the second unsuccessful reminder, the claim will be pursued in court. In the event of a verdict in favour of “New Systems Handels GmbH”, the customer must also reimburse the costs of “New Systems Handels GmbH” for necessary and appropriate judicial and extrajudicial enforcement measures in accordance with the Tariff Act of Lawyers (RATG), as amended.

In the event of resale of goods, the customer shall be obliged already and regardless of any possible default in payment to “New Systems Handels GmbH” to reimburse all claims that arise from the resale against a third party, up to the amount of the purchase price agreed in the respective purchase contract, including delivery costs and any reminder fees as well as default interest. In the event that the goods are resold, the customer undertakes to inform “New Systems Handels GmbH” immediately and to disclose the purchaser’s details. At the same time, the purchaser shall be informed of the assignment of claims.

Right of withdrawal (right of revocation)

The term “right of revocation” used in Austria corresponds to the term “right of withdrawal” which is customary in Germany and used in the consumer rights directive. We therefore use the synonymous pair of terms “right of withdrawal (right of revocation)”. Only the term “right of withdrawal” is used in the cancellation policy. It is synonymous with the Austrian term “right of revocation”.

Customers who are consumers within the meaning of Directive 2011/83/EU shall have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period shall be 14 days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.

In order to exercise the right of withdrawal, you have to inform “New Systems Handels GmbH”, e-mail: info@selena.care, via e-mail about your decision to withdraw from this contract.

In order to meet the withdrawal deadline, it is sufficient for you to send notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of the withdrawal
Should you withdraw from this contract, we shall reimburse all payments received from you, including the delivery costs (with the exception of the additional costs resulting from choosing a different type of delivery than the cheapest standard delivery offered by us) immediately and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract.

For such reimbursement, we will use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you. In no case whatsoever will you be charged any fees for such reimbursement.

The customer shall bear the direct costs of returning the goods.

The customer only has to pay for any loss in value of the goods if such loss in value resulted due to handling that was not necessary for checking the condition, properties and functionality of the goods.

There is no right of withdrawal in the following circumstances:

  • Goods that can perish quickly or whose “best before” date has been exceeded quickly.
  • Goods that are manufactured according to customer specifications or clearly tailored to personal needs.
  • Goods that are delivered sealed and not suitable for return for reasons of health or hygiene if the goods have been unsealed after delivery.
  • Newspapers or magazines with the exception of subscription contracts for the delivery of such publications.
  • Alcoholic beverages that can only be delivered after 30 days and if their price depends on market fluctuations.
  • Sound or video recordings such as CDs, DVDs, etc. as well as for computer software that are delivered in a sealed package, if the goods have been unsealed after delivery.
  • Goods which, due to their nature, have been inseparably mixed with other goods after the delivery thereof.
    Guarantee
  • The provisions on statutory warranty shall apply. The warranty period for the delivery of movable items is 2 years from the date of acceptance of goods.

In the case of justified complaints, either a free replacement or an improvement will be made, for which must be allowed a reasonable period. If an exchange or an improvement is out of the question (impossible, too much effort, unreasonable, delayed), the purchaser shall be entitled to a price reduction or, if the defect is not minor, cancellation of the contract (change). Any resulting defects are to be reported upon delivery or as they become visible. If the purchase is a business transaction (B2B) with a client, they must examine the goods no later than 2 weeks after receipt and notify us immediately if a defect is found.

Taste reasons, customary or minor, technical deviations in quality, quantity, colour, size, weight, equipment or design as well as age-related changes, colour and packaging do not constitute warranty defects or non-fulfilment of the contract. Products (e.g. wines) with a cork taste can occur as well as the crystallization of tartar, which is a natural process. Neither is a reason for a complaint.

Complaints based on statutory warranty claims or any other complaints can be raised using the contact details given in these terms and conditions.

Our company as the operator of the online shop named in the imprint, provides the services with the utmost care, but waives any liability for the services provided by third parties or obtained from third parties. Any guarantee must be claimed at the guarantor/manufacturer and according to the provisions thereof. The statutory warranty shall not be restricted by the use of the guarantee.

Liability

Any claims for damages against “New Systems Handels GmbH” due to the use of this website and in connection with legal transactions with “New Systems Handels GmbH” are excluded, provided that they do not concern personal injury or damage to items accepted for processing as well as product liability claims.

All information has been carefully researched, but we cannot absolutely rule out errors or typographical errors.

In particular, “New Systems Handels GmbH” shall not be liable for misuse of your password by unauthorized persons. The client shall be liable for such misuse.

In the case of purchases by an entrepreneur (B2B) for the customer: Entrepreneurs are obliged to prove intent or gross negligence. In relation to entrepreneurs, liability for lost profit, other (defective) consequential damage, and financial damage, lost savings, loss of interest and damage from third-party claims shall be excluded, as far as legally permissible. Furthermore, liability towards them shall be limited to 10% of the purchase price.

Terms of delivery and delayed delivery

The sale of all goods shall be subject to delivery options. “New Systems Handels GmbH” reserves the right to allocate smaller quantities to the customer in the case of oversubscription of the product.

The delivery times specified on the website, in catalogues, brochures, price lists, etc., as well as the delivery times listed below, represent non-binding target values and the customer cannot raise any claims thereupon.

The following applies to deliveries within Austria:
Deliveries are made on average within 1-3 working days upon acceptance of the order. The delivery shall be carried out by the respective logistics partner. As a rule, the customer shall be informed of the dispatch of the goods by sending the delivery notification.

The following provisions shall apply to deliveries to other countries:
“New Systems Handels GmbH” assumes no responsibility in the event of delivery obstacles on the part of suppliers and producers. “New Systems Handels GmbH” shall be entitled to withdraw from the contract in whole or in part to resign if delivery or compliance with the agreed delivery dates becomes impossible due to force majeure or circumstances for which “New Systems Handels GmbH” is not responsible (such as, in particular, non-delivery by producers or suppliers). Claims for damages shall be excluded in this case.

Marketing (newsletter, mails)

The customer consents to receiving news from our company about our products, current offers and other company-related information via postal mail, promotional e-mails (in particular newsletters) or promotional WhatsApp messages.

The customer can revoke the consent to receive such e-mails at any time, as follows:

Unsubscribe directly from the newsletter email via link or via the unsubscribe options on the website (only e-mail)
Please contact “New Systems Handels GmbH” via e-mail, telephone or website.

Place of jurisdiction, applicable law

For contracts with companies (B2B), the factually and locally competent court for the registered office of “New Systems Handels GmbH” shall be agreed as the exclusive place of jurisdiction.

For contracts with consumers (B2C) from a member state of the EU, the consumer shall have the choice between their place of residence and the place of jurisdiction at the company’s registered office. Unless otherwise required by mandatory statutory provisions, the contracting parties agree upon the application of Austrian law.

The UN trade law as well as all regulations which relate to the UN trade law are expressly excluded. For consumers within the EU, their national mandatory consumer law provisions shall apply, unless the respective Austrian provisions would be more favourable for the consumer.