Terms and Conditions

Table of contents

1. Scope of application
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Reservation of ownership
7. Defects liability (warranty)
8. Redemption of promotional vouchers
9. redeeming gift vouchers
10. Applicable law
11. Jurisdiction
12. Alternative Dispute Resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter "GTC") of ANNA ANIQ GmbH (hereinafter "Seller") shall apply to all contracts;The following applies to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter “customer“) concludes with the seller with regard to the goods presented by the seller in his online shop. Herewith the inclusion of own conditions of the customer is contradicted, unless otherwise agreed.

1.2 For contracts for the delivery of vouchers, these General Terms and Conditions shall apply mutatis mutandis, unless expressly agreed otherwise.

1.3 consumer in the sense of these GTC is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his independent professional activity. Entrepreneur in the sense of these GTC is a natural or legal person or a legally responsible partnership which, at the conclusion of a legal transaction, acts in the exercise of its commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the online shop of the seller are not binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated in the online shop of the seller. After placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button completing the ordering process. Furthermore, the Customer may also submit the offer to the Seller by telephone or by e-mail.

2.3 The Seller may accept the Customer's offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive.
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
• by requesting the customer to pay after placing his order.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer shall begin on the day following the dispatch of the offer by the customer and shall end on the expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the offer of the Customer within the aforementioned period, this shall be deemed as a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.

2.4 When selecting the payment method “PayPal Express“, the payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A.., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal“), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account – subject to the terms of payment without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer chooses “PayPal Express“ as the method of payment within the framework of the online ordering process, he shall also place a payment order with PayPal by clicking on the button completing the ordering process. In this case, the Seller hereby declares that he accepts the Customer's offer at the time at which the Customer terminates the payment process by clicking on the button completing the order process.

2.5 When submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller after conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after dispatch of the Customer's order. The Seller shall not make the contract text available to third parties beyond this. If the Customer has set up a user account in the Seller's online shop before sending his order, the order data shall be archived on the Seller's website and can be retrieved free of charge by the Customer via his password-protected user account by entering the corresponding login data.

2.6 Before binding submission of the order via the Seller's online order form, the Customer may recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors may be the browser's zoom function, which is used to zoom the display on the screen. Within the framework of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button completing the ordering process.

2.7 The German and English languages are available for the conclusion of the contract.

2.8 The order processing and establishment of contact usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 näh;here Information on the right of revocation result from the revocation instruction of the seller.

4) Prices and terms of payment

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices and include statutory VAT. If necessary, additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 The payment option(s) will be communicated to the customer in the online shop of the seller.

4.3 If prepayment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed a later due date.

4.4 If payment is made using a payment method offered by PayPal, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account – subject to the terms of payment without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.5 If the payment method „SOFORT“ is selected, payment shall be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 München (hereinafter „SOFORT“). In order to be able to pay the invoice amount “IMMEDIATELY” via “IMMEDIATELY”, the customer must have an online banking account that has been activated for participation in “IMMEDIATELY”, legitimize himself accordingly during the payment process and confirm the payment order against “IMMEDIATELY”. The payment transaction shall be carried out “SOFORT“ immediately thereafter and the customer's bank account shall be debited. Further information on the payment method “SOFORT“ is available to the customer on the Internet at https://www.klarna.com/sofort/

4.6 If a payment method offered via the payment service "Klarna" is selected, payment will be processed by Klarna Bank AB (publ), Sveavl;gen 46, 111 34 Stockholm, Sweden (hereinafter „Klarna“). Further information and Klarna's terms and conditions can be found in the seller's payment information, which can be found at the following Internet address:

https://anna-aniq.com/en/payment-methods

5) Terms of delivery and shipping

5.1 Goods shall be shipped to the delivery address specified by the customer, unless otherwise agreed. The delivery address indicated in the order processing of the seller is decisive for the transaction.

5.2 If the transport company sends the shipped goods back to the seller because delivery to the customer was not possible, the customer shall bear the costs of the unsuccessful shipment. This shall not apply if the customer is not responsible for the circumstance which led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had given him a reasonable notice of the service in advance. Furthermore, this shall not apply with regard to the costs of the consignment if the customer effectively exercises his right of revocation. If the customer exercises his right of revocation effectively, the provision made in the seller's revocation policy shall apply to the costs of sending the goods.

5.3 In the case of collection by the customer, the seller shall first inform the customer by e-mail that the goods ordered by him are ready for collection. Upon receipt of this e-mail, the customer may, after consultation with the Seller, collect the goods from the Seller's registered office. In this case, no shipping costs will be charged.

5.4 vouchers will be left to the customer as follows:

- by e-mail

6) Reservation of title

If the seller makes an advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Defects liability (warranty)

7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.

7.2 The customer is asked to complain to the deliverer about delivered goods with obvious transport and to inform the seller of this. If the customer does not comply with this, this has no effect on his legal or contractual claims.

8) Redeeming promotional vouchers

8.1 vouchers which are issued free of charge by the Seller within the scope of advertising campaigns with a certain validity period and which cannot be purchased by the Customer (hereinafter referred to as "campaign vouchers") may only be redeemed in the Seller's online shop and only within the specified period.

8.2 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction results from the content of the promotion voucher.

8.3 Promotion vouchers can only be redeemed before completion of the order process. A subsequent settlement is not possible.

8.4 Only one promotional voucher can be redeemed per order.

8.5 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

8.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

8.7 The credit balance of a promotion voucher is neither paid out in cash nor bears interest.

8.8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of revocation.

8.9 The action voucher is intended only for use by the person named on it. A transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

9) Redeeming gift certificates

9.1 vouchers that can be purchased via the Seller's online store (hereinafter referred to as "gift vouchers") may only be redeemed in the Seller's online store unless otherwise stated in the voucher.

9.2 Gift vouchers and balance of gift vouchers are redeemable until the end of the third year after the year of purchase. Remaining credit will be credited to the customer until the expiry date.

9.3 Gift Certificates can only be redeemed prior to the completion of the order process. A subsequent billing is not possible.

9.4 When placing an order, several gift vouchers can also be redeemed.

9.5 Gift Certificates can only be used for the purchase of goods and not for the purchase of other gift certificates.

9.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

9.7 The credit balance of a gift voucher is neither paid out in cash nor bears interest.

9.8 The Gift Certificate is transferable. The Seller may, with discharging effect, make payment to the respective owner who redeems the gift voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, business incompetence or lack of power of representation of the respective owner.

10) Governing law

For all legal relations between the parties, the laws of the Republic of Austria shall apply, to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

11) Place of jurisdiction

If the Customer acts as a merchant, legal person under public law or special fund under public law with its registered office in the territory of the Republic of Austria, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the Seller. If the customer has its registered office outside the territory of the Republic of Austria, the place of business of the seller shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the customer. In the aforementioned cases, however, the Seller shall in any case be entitled to appeal to the court at the Customer's place of business.

12) Alternative dispute resolution

12.1 The European Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.

12.2 The salesman is neither obligated nor ready for the participation in a dispute settlement procedure before a consumer arbitration board.