General terms and conditions

for the webshop www.bethrifty.store

BeThrifty

Owner: Christian Mayr

Status: October 2019

1. scope of application

2. contract language

3. applicable law, place of jurisdiction and place of performance

4. online dispute resolution platform

5. conclusion of contract

6. prices, shipping costs, due date and default

7. delivery

8. duty to inform

9. revocation instruction

10. retention of title

11. transfer of risk

12. warranty

13. manufacturer's warranty

14. liability

1. scope of application

These general terms and conditions (hereinafter referred to as "GTC") of the non-registered sole proprietorship BeThrifty, owner Christian Mayr, Mariatroster Straße 251, 8044 Graz (hereinafter referred to as "BeThrifty"), in the version valid at the time of the order, shall apply to all contractual agreements concluded between BeThrifty and private customers (consumers) within the scope of the web store www.bethrifty.store. The customer agrees to these GTC by submitting an order.

By placing an order, the customer agrees to these GTC. These GTC apply to all future transactions.

Changes and additions to the GTC as well as verbal agreements that deviate from the content of these GTC will only become effective with written confirmation by BeThrifty. BeThrifty expressly contradicts any general terms and conditions of business or purchase of the customer. General terms and conditions presented by the customer that deviate from these GTC are not valid unless their validity has been expressly agreed to in writing.

The terms and conditions are deposited in the web store www.bethrifty.store of BeThrifty printable as PDF.

2. contract language

The contract language is German. All other information and settlements are offered in German.

3 Applicable law, place of jurisdiction and place of performance

These GTC and the contracts to be concluded under these GTC shall be governed by Austrian substantive law, excluding the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention), unless mandatory provisions of the law in the country in which the customer - who is a consumer - is domiciled take precedence. The statutory place of jurisdiction shall apply. Place of performance is the place of business of BeThrifty.

4. online dispute resolution platform

The EU Commission offers the possibility of online dispute resolution on an online dispute resolution platform operated by the Commission. This dispute resolution platform can be reached via the external link http://ec.europa.eu/consumers/odr.

5 Conclusion of contract

All offers of BeThrifty are invitations to the customer to make an offer. The offers of BeThrifty are subject to change. An order possibility exists only with complete indication of the customer data. The customer's order represents a binding offer by the customer to conclude a contract. The confirmation of receipt of the order is made after sending the order by an automated e-mail (order confirmation), which is not yet a contract acceptance.

The contract is legally effective by payment of the (purchase) price. If the (purchase) price is to be paid at a later point in time for individual payment options, the contract becomes legally effective with the order confirmation by BeThrifty.

Information given in catalogs, price lists, brochures, advertisements on exhibition stands, circulars, advertising mailings or other media (information material) about the goods offered by BeThrifty, which are not attributable to BeThrifty, are non-binding, unless they have been expressly declared in writing by BeThrifty to be part of the contract.

6. prices, shipping costs, due date and delay

The product prices indicated by BeThrifty at the end of the order process are final prices including the statutory value added tax and other packaging, transport and shipping costs. The legal value added tax and other packaging, transport and shipping costs are shown separately during the ordering process, but are included in the final price.

Unless a discount has been expressly agreed, the customer is not entitled to a discount. The purchase price is due immediately with the order by the customer, unless otherwise agreed.

BeThrifty accepts the payment methods listed on the website under the menu item payment options. Payment is processed through the payment service provider Mollie BV (Netherlands), Keizersgracht 313, 1016 EE Amsterdam (Mollie terms of use can be viewed at https://www.mollie.com/at).

In case of late payment, interest on arrears will be charged at the statutory rate from the due date of the claim. Any further (legal) claims shall remain unaffected. A set-off of own claims against the claims of BeThrifty is inadmissible, as far as the claim is not undisputed or not legally binding or is not in connection with the liabilities of the customer.

7. delivery

BeThrifty executes the order without unnecessary delay. The shipment of the ordered goods is - if they are in stock - generally within 5 working days after receipt of payment. If the goods are not in stock, BeThrifty will inform the customer about the expected delivery date by e-mail. However, delivery dates and deadlines are not binding and are only indicative, unless they are expressly declared binding in writing. The delivery address provided by the customer is decisive for the delivery, unless otherwise agreed. BeThrifty reserves the right to ship multi-piece orders either separately or collectively at its discretion, especially if the quantities ordered are not available at one time. BeThrifty delivers to addresses in Austria. Self-collection at the location of BeThrifty is possible.

8. duty to inform

The customer shall truthfully provide BeThrifty with all information and facts necessary for the performance of the service. Changed circumstances, especially changes of the customer's data (name, address, e-mail etc) should be brought to BeThrifty's attention immediately.

9. cancellation policy

Customers who are to be regarded as consumers can withdraw from a distance contract within 14 days without giving reasons. The information about the conditions and consequences of the withdrawal are listed in the following withdrawal policy:

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods or on which you or a third party named by you, who is not the carrier, have taken possession of the last goods, the partial shipment or the last item. To exercise your right of withdrawal, you must send us

BeThrifty

Christian Mayr

Mariatroster street 251

8044 Graz

Tel: 0664 / 25 30 414

E-Mail: office@bethrifty.store

by means of a clear declaration (e.g. a letter sent by mail or e-mail) about your decision to revoke this contract. You can use the attached sample withdrawal form for this purpose, but it is not mandatory.

To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract.

For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us (BeThrifty, Inh: Christian Mayr, Mariatroster Straße 251, 8044 Graz) without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the deadline of fourteen days.

You shall bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

Exceptions to the right of withdrawal

The right of withdrawal does not apply in particular to orders of the following goods:

- Goods that have been inseparably mixed with other goods after delivery due to their nature;

- Goods whose price depends on fluctuations in the financial market over which BeThrifty has no influence and which may occur within the withdrawal period;

- Goods that are manufactured according to customer specifications or are clearly tailored to personal needs, as well as in the case of;

- Goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that their seal has been removed after delivery.

10. retention of title

The delivered goods remain the property of BeThrifty until all claims arising from the contract, including interest, discounts unjustifiably withheld by the customer or deductions not recognized by BeThrifty, costs incurred and the like, for whatever legal reason, have been paid. As long as a reservation of title exists and not all claims have been settled in full, the customer undertakes to treat the goods with care and to exercise due diligence. Pledges or transfers by way of security before full payment are excluded. If the goods are pledged or seized or otherwise seized by third parties, the customer shall point out BeThrifty's ownership, inform BeThrifty immediately and provide BeThrifty with all information and documents necessary to enforce the ownership rights.

11. transfer of risk

The general legal provisions of the transfer of risk apply. If the customer has concluded the transport contract himself without using a selection option suggested by BeThrifty, the risk is already transferred to the carrier when the goods are handed over.

12 Warranty

The general statutory provisions of the warranty law apply. The warranty is the statutory liability of BeThrifty for defects that the purchased goods have at the time of delivery to the customer. Defects that occur at a later time are generally not covered by the warranty. Warranty claims are to be asserted within a period of two years from handover, whereby within the first six months from handover BeThrifty has to prove that the defect did not exist at the time of handover. In case of warranty BeThrifty is entitled to improve or exchange the goods. Only if the improvement or replacement is impossible or would involve a disproportionately high effort for BeThrifty or if BeThrifty is unable to comply with the replacement or improvement request or cannot comply with it within a reasonable period of time, the customer is entitled to demand a price reduction or rescission (complete cancellation of the contract). If individually agreed with the customer, the period for assertion of warranty claims for used goods is reduced to one year.

The goods offered by BeThrifty are 100% second-hand goods, so that these may well show signs of wear or use.

13 Liability

The general statutory liability provisions apply. A liability for slight negligence in case of property damage is excluded. Claims for damages expire within 3 years from knowledge of the damage and the damaging party.

Sample cancellation form

(If you want to cancel the contract, please fill out this form and send it back)

To

BeThrifty

Owner: Christian Mayr

Mariatroster street 251

8044 Graz

E-Mail: office@bethrifty.store

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

Ordered on (*)/received on (*)

Name of the consumer(s): .....................................................................................................

Address of the consumer(s): .....................................................................................................

.....................................................................................................

.....................................................................................................

Signature of consumer(s) .......................................................... (only in case of notification on paper)

Date .....................................................

(*) Delete where inapplicable.