TERMS OF SERVICE
Table of Contents
- Scope of Application
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Conditions
- Delivery and Shipping Conditions
- Retention of Title
- Warranty (Guarantee)
- Applicable Law
- Alternative Dispute Resolution
1. Scope of Application
These General Terms and Conditions ("GTC") of Midmood.com ("Seller") apply to all contracts concerning the delivery of goods concluded by a consumer or entrepreneur ("Customer") with the Seller regarding the goods displayed by the Seller in their online shop. Any inclusion of the Customer's own terms is hereby rejected unless otherwise agreed upon.
2. Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller, but rather serve as an invitation for the Customer to make a binding offer.
2.2 The Customer can submit the offer via the integrated online order form in the Seller's online shop. By placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contract offer regarding the goods in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Seller can accept the Customer's offer within five days by either sending a written order confirmation or a confirmation in text form (fax or email) to the Customer, where the receipt of the order confirmation is decisive, or by delivering the ordered goods, where the receipt of the goods is decisive, or by requesting payment from the Customer after the Customer's order has been placed. If multiple of the aforementioned alternatives are present, the contract is concluded at the point in time when one of the aforementioned alternatives occurs first. The deadline for acceptance of the offer begins on the day after the offer is sent by the Customer and ends with the expiry of the fifth day that follows the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned deadline, this is deemed as a rejection of the offer, with the consequence that the Customer is no longer bound to their declaration of intent.
2.4 When placing an offer through the Seller's online order form, the text of the contract will be stored by the Seller after the conclusion of the contract and will be sent to the Customer in text form (e.g. email, fax, or letter) after the Customer's order has been submitted. The Seller will not provide access to the contract text beyond this. If the Customer has set up a user account on the Seller's online shop before submitting their order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge using their password-protected user account and providing the corresponding login data.
2.5 Before submitting a binding order through the Seller's online order form, the Customer can recognize and correct possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognizing input errors can be the browser's magnification function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.6 The contract will be concluded exclusively in the English language.
2.7 Order processing and communication will generally take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that they can receive emails sent by the Seller or third parties appointed by the Seller for order processing. In particular, the Customer must ensure that all emails sent by the Seller or third parties during order processing can be delivered, even if spam filters are used.
3. Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information about the right of withdrawal can be found in the seller's withdrawal policy.
4. Prices and Payment Conditions
4.1 Unless otherwise indicated in the seller's product description, the prices provided are total prices that include the applicable value-added tax. Additionally incurred delivery and shipping costs, if applicable, will be specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases. These costs are not the responsibility of the seller and are to be borne by the customer. These costs may include fees for money transfers by financial institutions (e.g. wire transfer fees, currency exchange fees) or import duties and taxes (e.g. customs duties). Such costs may also apply to money transfers if the delivery does not take place in a country outside the European Union but the customer initiates the payment from a country outside the European Union. 4
4.3 The payment option(s) will be communicated to the customer in the seller's online shop.
5. Delivery and Shipping Conditions
5.1 The delivery of goods is carried out to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified during the order process by the seller is decisive for the transaction.
5.2 If the shipping company returns the shipped goods to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipping. This does not apply if the customer is not responsible for the circumstances that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the offered service, unless the seller had announced the service a reasonable time in advance. Furthermore, this does not apply to the costs for the return shipment if the customer effectively exercises their right of withdrawal. Regarding the return costs, the provisions stated in the seller's withdrawal policy apply when the customer effectively exercises their right of withdrawal.
5.3 Self-collection is not possible for logistical reasons.
6. Reservation of Ownership
If the seller provides goods in advance, the seller retains ownership of the delivered goods until the full payment of the owed purchase price.
7. Warranty (Guarantee) for Defects
7.1 If the purchased item is defective, the legal warranty regulations apply.
7.2 Deviating from this, for used goods: Claims for defects are excluded if the defect occurs more than 6 months after the delivery of the goods. Defects that occur within 6 months after the delivery of the goods can be asserted within the statutory limitation period. However, the limitation of liability to 6 months does not apply to
- Items that have been used in accordance with their customary purpose for a building and have caused its defectiveness,
- Claims for damages and reimbursement of expenses by the customer, as well as
- Cases in which the seller has fraudulently concealed the defect. 7.3 The customer is requested to report goods with obvious transport damage to the carrier and to inform the seller of this. If the customer fails to comply with this, it will not affect their statutory or contractual defect claims.
8. Applicable Law
For all legal relationships between the parties, the law of the Federal Republic of Austria applies, excluding the laws on the international sale of goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
9. Alternative Dispute Resolution
9.1 The European Commission provides an online dispute resolution platform on the following link: HTTPS://EC.EUROPA.EU/CONSUMERS/ODR This platform serves as a point of entry for out-of-court resolution of disputes arising from online purchase or service contracts in which a consumer is involved.
9.2 The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
REVOCATION INSTRUCTIONS
Consumers are entitled to a right of revocation according to the following provisions. Consumers are any natural persons who enter into a legal transaction for purposes that cannot primarily be attributed to their commercial or self-employed professional activity:
1. Right of Revocation
You have the right to revoke this contract within fourteen days without stating reasons.
The revocation period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the last goods.
To exercise your right of revocation, you must inform our fulfillment service provider (Email: support@midmood.com) by means of an unequivocal declaration (e.g., a letter sent by post or email) about your decision to revoke this contract.
The revocation period is met if the notification of revocation is sent before the period expires.
2. Consequences of Revocation
If you revoke this contract, we will reimburse you for all payments we have received from you, including delivery costs (except for additional costs resulting from choosing a delivery method other than the least expensive standard delivery offered by us). Reimbursement will be made immediately and no later than fourteen days from the day we receive your revocation notice.
We will use the same means of payment for the reimbursement that you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged fees for this reimbursement. We may withhold reimbursement until we have received the goods back or you have provided proof of their return, whichever is earlier.
You must return or hand over the goods to us without delay and no later than 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 fourteen-day period expires.
You must bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the goods.
General Notes
We kindly ask that returned goods be free of dirt or damage. Labels should also be undamaged and attached to the goods. Please return the goods in their original packaging with all accessories and packaging components. If necessary, use protective outer packaging. If you no longer possess the original packaging, please ensure sufficient protection against transport damage with suitable packaging.
Goods that are not suitable for return due to health protection or hygiene reasons, such as underwear, or goods whose sealing has been removed after delivery, are excluded from return.
Please do not send goods back without sufficient postage.
Note: The above points are not prerequisites for the effective exercise of your right of revocation.