General terms and conditions for the Webshop
The following General Terms and Conditions (hereinafter referred to as “GTC”) shall apply to all contracts concluded by Testsam Gesellschaft mit beschränkter Haftung (hereinafter referred to as “Testsam GmbH”) within the scope of the webshop (hereinafter referred to as “webshop”) operated by it at the address www.osd.at
The contracting parties are the Testsam GmbH, 9020 Klagenfurt on the one hand and the customer of the webshop on the other hand.
The articles and prices listed in the webshop do not constitute offers, but are only intended to serve as a means for the customer to make an offer. Before sending the order, the customer confirms that he/she agrees to the Testsam General Terms and Conditions for the webshop by clicking on the “Accept General Terms and Conditions” button.
By ordering the desired items, the customer submits an offer to Testsam After sending the order, an automatically generated confirmation of receipt is sent in which the order is presented once again. By sending the order confirmation, Testsam GmbH accepts the customer’s offer.
All prices listed in the webshop are declared in Euro (€).
As Testsam GmbH is subject to VAT as a limited liability company, all prices include the statutory VAT.
The shipping costs depend on the type, quantity and price of the ordered goods. They are calculated in the course of the ordering process and shown separately. A schematic representation of the possible costs can be viewed at any time in the webshop under the menu item “Shipping costs”.
Testsam GmbH does not cover any customs costs. These are to be paid by the customer in any case.
The customer can pay the amount due by using Sofort-Überweisung or credit card (VISA or MasterCard).
Testsam GmbH offers certain customers (e.g. bookshops and ÖSD examination centres) the option of ordering goods on invoice. This payment option shall be stored by Testsam GmbH in the user account of the customers concerned and thereby made selectable for them. The bank details in this case are:
| Owner: | Testsam GmbH |
| Bank: | Kärntner Sparkasse |
| BIC: | KSPKAT2KXXX |
| IBAN: | AT60 20700 6045 0052 8874 |
The products listed in the webshop are only available while stocks last.
The ordered goods are usually dispatched within 2-3 working days after receipt of the order. If certain goods are not available within this period, Testsam GmbH will inform the customer immediately.
If goods are not available for more than 30 days, the customer will also be informed of this and an attempt will be made to reach an agreement with the customer on a possible delivery date. At the same time, both parties have the right to withdraw from the contract. In the event of cancellation of the contract, Testsam GmbH shall return all payments made by the customer in the course of his order within 14 days of the date of cancellation. The same means of payment that the customer used when paying Testsam GmbH shall be used for the repayment.
Delivery will be made to the shipping address provided by the customer.
If the customer is an entrepreneur within the meaning of the Austrian Consumer Protection Law (hereinafter referred to as “KSchG”), the risk of transport shall pass to the entrepreneur as soon as the goods are handed over to the carrier (usually Österreichische Post AG). If the contractor discovers transport damage, he must complain to the carrier immediately. In addition, he must inform Testsam GmbH of the damage that has been detected.
If the customer is a consumer within the meaning of the KSchG, the risk of transport shall not pass to the customer until the ordered goods have been handed over to the consumer. If the consumer discovers transport damage, he/she must inform Testsam GmbH of this immediately.
The goods delivered shall remain the property of Testsam GmbH until they have been paid for in their full amount.
The warranty obligations of Testsam GmbH are based on the legal requirements (§§ 922ff ABGB). Accordingly, Testsam GmbH shall only be liable for such defects that were already present when the delivered goods were handed over to the customer.
If the customer discovers the damaged condition of the delivered goods, he shall inform Testsam GmbH immediately in order to agree on the further course of action. As a rule, Testsam GmbH shall fulfil justified warranty claims by replacing the defective goods, unless the replacement is impossible for Testsam GmbH or involves a disproportionately high effort.
Handelt es sich beim Kunden um einen entrepreneur within the meaning of the KSchG, withdrawal from the contract is excluded.
If the customer is a consumer within the meaning of the KSchG, the latter has the right to withdraw from the contract (revoke the contract) within 14 days from the day on which he received the ordered goods, even without stating a reason.
Withdrawal from the contract is only permitted as long as the goods affected by the withdrawal are unused and in their original packaging. If changes and signs of use on the goods or degradations of the goods can be detected, Testsam GmbH shall have the right to (subsequently) reject the withdrawal from the contract.
Withdrawal from the contract may be effected by simply returning the goods received or by submitting a written declaration.
The consumer can send the goods in question to the following returns address within the above-mentioned period (please be sure to enclose a copy of the invoice):
Testsam GmbH
Universitätsstraße 102/1
9020 Klagenfurt
ÖSTERREICH
Testsam GmbH shall not bear the costs incurred or the transport risk for the return of the products.
The consumer can send the written declaration of his withdrawal from the contract within the above-mentioned period to the e-mail address or to the returns address mentioned above (please be sure to indicate the number of the order in question).
After sending the written declaration, the consumer must send the goods affected by the withdrawal to the above returns address within 14 days. Testsam GmbH shall not be responsible for any costs incurred or the transport risk for returning the goods.
Testsam GmbH shall refund the payments made by the consumer (including the costs borne by the consumer for shipping to him) within 14 days of the day on which the goods returned by the consumer are received by Testsam GmbH. The same method of payment shall be used for this refund as that used by the consumer when making the payment to Testsam GmbH.
The product illustrations used in the webshop were produced and selected by Testsam GmbH to the best of its knowledge and belief. Nevertheless, the goods shipped may deviate from these illustrations in terms of colour and design elements. No claims against Testsam GmbH can be derived from this.
All contents of the web shop and the products distributed through it (e.g. texts, graphics and logos in and on publications) are the property of the ÖSD organisation and are protected by copyright. Even if these rights are not expressly stated in or on the products concerned, they shall remain reserved for the ÖSD organisation in all cases. In particular, this applies to the rights of distribution, reproduction, translation, reprinting and reproduction by photomechanical or similar means, by photocopy, microfilm or other electronic processes and storage in data processing systems.
The customer has the option of creating a user account in the webshop. He is responsible for ensuring the confidentiality of his account data and password.
The personal data (title, name, address, e-mail address, telephone number, etc.) and payment information (bank details, credit card number, etc.) provided by the customer to Testsam GmbH shall be used by Testsam GmbH exclusively to fulfil its obligations resulting from the contract with the customer or by law.
Except in the following cases, the customer’s data will not be passed on to other companies by Testsam GmbH: For the delivery of the goods, the customer’s address data will be transmitted to the carrier. For the processing of the payment, the customer’s payment information will be passed on to the commissioned credit institution.
By sending a letter to: Testsam GmbH, Universitätsstraße 102/1, every customer can request information about the data stored about him/her at any time and free of charge. Furthermore, every customer has the right to have his data corrected, blocked or deleted.
Handelt es sich beim Kunden um einen Unternehmer, If the customer is an entrepreneur, Austrian law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction shall be Klagenfurt, whereby Testsam GmbH shall also have the right to sue the customer at the registered office of his company.
If the customer is a consumer, Austrian law shall apply, provided that the consumer is not thereby deprived of the protection granted to him by the provisions of the country in which he has his habitual residence (cf. Art. 6 of Regulation (EC) No 593/2008).
These GTC apply only in their current German version. The contractual language is German.
Should individual points of these GTC or of a contract based on them be invalid, this shall not entail the invalidity of either the entire GTC or the entire contract. Ineffective points shall be replaced by relevant provisions, the remaining content of the GTC and the contract shall remain unchanged.
Contractual terms and conditions of the customer that deviate from these GTC shall only apply if they have been expressly accepted in writing by Testsam GmbH at the time of conclusion of the contract.
