Terms and Conditions
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Webshop operator |
Sigmund-Freud-GmbH |
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Address |
Berggasse 19, 1090 Wien, Österreich |
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Phone |
+43/1 3191596 |
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URL |
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Legal Status |
Gesellschaft mit beschränkter Haftung (Austria) |
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Headuarters |
Vienna |
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Commercial Register No. |
FN 262500 f |
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Competent Court |
Handelsgericht Wien |
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Tax No. |
ATU 61778302 |
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Business Purpoes |
Trade with books and media |
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Chamber of Commerce |
Wirtschaftskammer Wien |
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Supervisory Authority according to ECG |
Magistratisches Bezirksamt für den 9. Bezirk |
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Trade regulations |
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Representative body |
Peter Nömaier (Managing Director) |
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Adresse of Managing Directors |
See above |
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Owner |
Sigmund Freud GmbH is 100% owned by the Sigmund Freud Foundation – www.freud-museum.at |
1 Scope and provider
(1) These Terms and Conditions apply to all orders placed with the online store of Sigmund Freud GmbH, Berggasse 19, A-1090 Vienna at the web address freud-museum.at.
(2) The goods offered in our online store are intended exclusively for buyers who have reached the age of 18.
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The Terms and Conditions shall therefore also apply to all future business relations with companies, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer which contradict our Terms and Conditions is hereby already objected to.
(4) Contract language is German.
2 Conclusion of Contract
(1) The presentation of goods in the online store does not represent a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online store.
(2) By clicking on the button buy you submit a binding offer to purchase. Immediately before submitting this order, you can check the order again and correct it if necessary.
(3) After receipt of the purchase offer, you will receive an automatically generated e-mail with which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute an acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.
(4) A contract of sale for the goods shall not be concluded until we expressly declare acceptance of the purchase offer (order confirmation) or until we dispatch the goods to you without prior express declaration of acceptance or notify you that the goods are ready for collection immediately.
Exception: in case of payment in advance and PayPal, the acceptance of the order takes place immediately with your order.
3 Prices
The prices stated on the product pages include the statutory value added tax and other price components and do not include the respective shipping costs. You will receive further information on the shipping costs before the conclusion of the purchase.
4 Terms of payment; Delay
(1) Payment is made either by Stripe (credit card or direct bank transfer), payment at pickup or Paypal.
(2) The selection of the respective available payment methods is incumbent upon us. We reserve the right in particular to offer you only selected payment methods for payment.
(3) When paying by credit card, the purchase price will be reserved on your credit card at the time of the order (authorization). The actual charge to your credit card account will occur at the time we ship the goods to you.
(6) When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction. You will receive further instructions during the order process. The payment transaction will be carried out automatically by PayPal immediately afterwards.
(7) If you are in default with a payment, you are obligated to pay the statutory default interest in the amount of 5 percentage points above the base interest rate. For each reminder sent to you after the occurrence of the default, you will be charged a reminder fee of 2.50 EUR, unless in individual cases a lower or higher damage is proven.
5 Offsetting/Right of Retention
(1) You shall only have a right of set-off if your counterclaim has been legally established, is not disputed or acknowledged by us or is in a close synallagmatic relationship to our claim.
(2) You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.
6 Delivery; Retention of Title
(1) Unless otherwise agreed (Click&Collect option), the goods shall be delivered from our warehouse to the address specified by you.
(2) The goods remain our property until full payment of the purchase price.
(3) We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers. In case of unavailability of the goods, we will immediately refund any payments already made. We do not assume the risk of having to procure ordered goods (procurement risk).
7 Cancellation policy
In the event that you are a consumer, i.e. you make the purchase for purposes that can predominantly be attributed neither to your commercial nor your independent professional activity, you have a right of revocation in accordance with the following provisions.
Right of withdrawal
You have the right to revoke 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, has or has taken possession of the goods.
(2) Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
9 Warranty
(1) Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the law on the sale of goods.
10 Liability
(1) Unlimited liability:
We shall be liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. We shall be liable for slight negligence in the event of damage resulting from injury to life, body and health of persons.
(2) In all other respects, the following limited liability shall apply:
In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the fulfillment of which you may regularly rely (cardinal obligation). The liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability shall also apply in favor of our vicarious agents.
11 Alternative dispute resolution
The EU - Commission has provided a platform for out-of-court dispute resolution. Consumers this gives the opportunity to resolve disputes in connection with your online order first without the intervention of a court. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/.
We will endeavor to settle any disagreements arising from our contract amicably. Beyond that, we are not obligated to participate in any arbitration proceedings and unfortunately cannot offer you participation in such proceedings.
12 Final Provisions
(1) Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
(2) Contracts between us and you shall be governed exclusively by Austrian law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention"). Mandatory provisions of the country in which you usually reside shall remain unaffected by the choice of law.
(3) If you are a merchant, a legal entity under public law or a special fund under public law, our place of business shall be the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.
Status: April 2021
