Terms of service
valid from 01-07-2021
I. Validity and scope
1.1 These General Terms and Conditions (GTC) shall apply to all deliveries of goods and to all contracts which a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with us, TZS FIRST E Commerce GmbH. These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly stipulated. 1.2 We reserve the right to withdraw from the contract at any time.
1.2 We reserve the right to change these GTC at any time without prior notice. However, the changes will only apply to new orders and will not affect orders placed before the amended T&Cs were published on the Website.
1.3 Deviating conditions (e.g. general terms and conditions of business, purchase or payment) of the customer are not applicable. They shall not apply even if they are not expressly contradicted again when the contract is concluded. The same applies to contradictory provisions contained in offers, order confirmations, specifications, invoices or similar documents or resulting from a law (if permissible), trade custom or business practice.
1.4 Our offers in the web shop are available in all countries of the European Union.
II. Storage and access to the General Terms and Conditions of Business
2.1 The customer may view these General Terms and Conditions on the website https://www.firstaustria.com/informationen/agb. The customer may also print out this document. The customer may also print out and save this document.
2.2 When placing an order in the online shop, the customer can - provided he has set up a user account before placing the order - additionally archive the data of his order and retrieve it free of charge. The customer can also wait for the order receipt confirmation, which will be sent to him by e-mail to the e-mail address he has provided after completing his order. This order confirmation e-mail contains the data of the order and these General Terms and Conditions and can be easily printed out or saved.
III Conclusion of contract for online orders
3.1 The customer can submit an offer via the order form integrated in the online shop. After placing the selected goods in the shopping basket and going through the ordering process, the customer submits a legally binding offer to enter into a contract with regard to the goods contained in the shopping basket by clicking on the button that concludes the ordering process.
3.2 The receipt of the order will be confirmed to the customer immediately. The confirmation of receipt of the order does not constitute a legally effective declaration of acceptance, but merely informs the customer that the order has been duly transmitted.
3.3 Order processing and contacting usually take place via 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 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.
3.4 The conclusion of the contract shall only be effected by the acceptance of the order in the form of a written order confirmation or by actual compliance by dispatch of the ordered goods and in any case within 14 days. The customer is bound to his order for 5 days, subject to any existing right of withdrawal in the case of orders as a consumer.
3.5 If the ordered items are no longer available or the order cannot be accepted for other reasons, the customer will be informed of this. Payments already made by the customer will be refunded immediately.
3.6 The information provided in the online shop - such as descriptions and illustrations - only serve to determine the goods, are only approximately authoritative and do not represent quality specifications unless they are expressly designated as binding in writing. No liability is assumed for calculation, typing and/or printing errors.
4.1 Unless we have clearly stated otherwise in the product description, all items offered by us are ready for immediate dispatch.
4.2 The goods will be delivered at the customer's expense, by a carrier, to the delivery address stated in the order, unless otherwise agreed. Notwithstanding the above, if the customer chooses PayPal as the payment method, the delivery address provided by the customer to PayPal at the time of payment shall be decisive. Self-collection is not possible for logistical reasons.
4.3 The transport of the goods by a carrier shall be deemed to have been approved by the customer in any case.
4.4 The goods will only be dispatched after receipt of payment.
4.5 The goods shall also be deemed to have been delivered if they are not called off immediately on the delivery date after notification of readiness for dispatch or if delivery is not possible for reasons attributable to the customer.
4.6 The stated delivery dates are subject to change. No liability is therefore assumed for delayed deliveries. The delivery period shall be extended appropriately in the event of force majeure affecting the delivery. Force majeure shall be deemed to include strikes, lock-outs, official interventions, shortages of energy and raw materials, transport bottlenecks for which we are not responsible, operational hindrances for which we are not responsible, e.g. due to fire, water and damage to machinery, and all other hindrances which, viewed objectively, are not culpably caused by us. The customer shall be informed immediately of the beginning and end of such hindrances, insofar as this is possible. If the impediment to performance in the aforementioned cases lasts for a period of more than 8 weeks after the originally applicable delivery times, the customer shall be entitled to withdraw from the contract. There shall be no further claims, in particular for damages.
4.7 The goods shall be packaged as is customary in the industry. In the case of transport by third parties, the goods shall only be insured against transport damage, transport loss or breakage on the written order of the customer and then at his expense and for his account. Externally visible transport damage must be reported immediately upon receipt of the goods and the nature and extent of the damage must be communicated in writing without delay.
4.8 The goods offered in the online shop are delivered within the EU.
4.9 Unless otherwise stated, deliveries are usually made within 14 days of receipt of payment for the goods ordered.
V. Prices and terms of payment
5.1 The prices for online orders are based on the information in the online shop. Unless otherwise stated, all prices are in € (Euro) including VAT. Packaging and shipping costs, if any, shall be calculated and shown separately. The prices of the individual items, the shipping costs and the total price are explicitly stated during the ordering process.
5.2 The payment methods displayed at the end of the ordering process are available to the customer. However, we reserve the right to limit the selection of payment methods.
5.2.2 Payment via Amazon Pay
5.2.3 Payment via Klarna Payments
5.2.4 Payment via Global Payments (debit card, credit card
5.3 The Customer expressly agrees to the invoicing and transmission of invoices by electronic means within the meaning of § 11 para 2 second subparagraph of the Value Added Tax Act.
5.4 Invoices are due for payment immediately, unless otherwise agreed; in the case of agreed payment terms, the payment period shall commence on the invoice date; in the event of default in payment, any discounts and other remuneration (in particular bonuses) granted shall be deemed forfeited.
5.5 Any reimbursement of payments made by the customer shall be made in the form of the original payment.
VI Retention of title
6.1 The delivered goods shall remain our property until payment has been made in full.
VII Right of withdrawal of the consumer
7.1 For consumers in the sense of § 1 KSchG (Consumer Protection Act), a statutory right of withdrawal applies in accordance with the Distance and Outward Transactions Act (FAGG). Any natural person who acts for purposes that are not part of his or her commercial, business or professional activities qualifies as a consumer. The following provisions apply to contracts concluded outside the business premises of the company, i.e. also in distance selling via online shop, e-mail or by telephone.
7.2 As a consumer, the customer may withdraw from his contractual declaration (order) in accordance with § 11 FAGG within 14 days without giving reasons. The withdrawal period is fourteen days from the day on which the customer or a third party named by the customer, who is not the carrier, has taken possession of the goods.
7.3 In the event of failure to comply with the information requirements, the withdrawal period shall be 12 months from the date of receipt of the goods by the consumer. If the information is made up within this period, the period is 14 days from the date the information is made up.
7.4 To exercise the right of withdrawal, the consumer must send the
TZS FIRST E Commerce GmbH
Raimundgasse 1/8, A-1020 Vienna, Austria,
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of his decision to revoke this contract. Consumers can also fill in and submit an unequivocal declaration electronically on our website.
7.5 For this purpose, the consumer may use the model withdrawal form for consumers provided on the website https://www.firstaustria.com/informationen/widerrufsbelehrungen, which is, however, not mandatory.
7.6 In order to comply with the withdrawal period, it is sufficient for the consumer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
VIII Consequences of withdrawal
8.1 If the customer withdraws from this contract in accordance with point VII, all payments received from him, including delivery costs (with the exception of additional costs resulting from the fact that the customer has chosen a type of delivery other than the standard delivery offered), must be repaid to him without delay and at the latest within fourteen days of the day on which the notification of withdrawal from this contract was received. The same means of payment used by the customer in the original transaction shall be used for this repayment. The deadline is met if the customer sends the goods before the end of the fourteen-day period. The refund may be refused until the goods have arrived at the specified return address or until the customer has provided proof that he/she has returned the goods, whichever is the earlier.
8.2 The customer shall bear the costs for the return shipment - except for returns within Germany or Austria.
8.3 The goods must be returned in packaging suitable for shipping.
8.4 Contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination is decisive or which are clearly tailored to personal needs cannot be revoked.
8.5 The goods must be returned in their new, unused original condition to the specified withdrawal address or must be received by it. We reserve the right to inspect the goods and, in the event that traces of use are found, to deduct reasonable compensation when refunding the purchase price. The customer shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods which is not necessary for the examination of the condition, properties and functioning of the goods.
9.1 The statutory provisions shall apply to consumers within the meaning of the KSchG, which provide for a warranty period of 2 years for movable goods. For entrepreneurs, we provide a warranty of 12 months from delivery of the goods. The goods are in proper condition and have the usual characteristics. We shall only be liable for special properties if these have been expressly promised in writing. In the case of justified complaints, the goods shall either be replaced free of charge or improved, for which a reasonable period of time shall be granted. If replacement or improvement is not possible (not possible, too much effort, unreasonable, etc.), the customer shall be entitled to a price reduction or, if the defect is not minor, to cancellation of the contract (redhibitory action).
9.2 No warranty is given for deviations in colour shades due to production and material. Minor or other changes to the performance or delivery obligation which are reasonable for the customer shall be deemed to have been approved in advance.
9.3 Defects that occur must be disclosed upon delivery or after they become visible, whereby failure to disclose upon delivery or after they become visible by a consumer shall not affect the consumer's warranty claims. If the purchase is a business transaction for the customer, the customer must inspect the goods immediately after receipt and notify us in writing immediately if a defect is found. If the notice of defect is not made properly and in due time, the goods shall be deemed to have been duly accepted and approved, unless the defect was not recognisable upon inspection. Such defects shall be notified immediately after discovery, otherwise the goods shall be deemed to have been approved also in view of this defect. The assertion of warranty claims or claims for damages as well as the right of rescission due to error on the grounds of defects shall be excluded in such cases.
9.4 The inspection of the goods merely by random sampling shall not be deemed to be a proper inspection.
9.5 The assignment of warranty claims is excluded.
9.6 In the case of the dispatch of goods for business transactions, the risk of loss of or damage to the goods shall pass to the entrepreneur as soon as the goods are delivered to the carrier.
9.7 In the case of consumer transactions, the risk of loss of or damage to the goods shall not pass to the consumer until the goods have been delivered to the consumer or to a third party designated by the consumer and different from the carrier.
10.1 If the customer is an entrepreneur, liability is only accepted for intentional and grossly negligent injury, excluding personal injury, in accordance with the following provisions. Any liability shall be limited to typically foreseeable damage to the customer and shall be limited in amount to the contractually agreed remuneration for the underlying services paid on the due date. Liability for loss of profit, consequential harm caused by a defect, indirect and incidental damages is excluded. Any claim for damages may only be asserted in court within six months after the claimant has become aware of the damage, at the latest, however, within two years after the purchase of the goods.
10.2 If the customer is a consumer, liability for slightly negligent breaches of duty is excluded, except in the case of breach of main contractual obligations and personal injury. In the event of a slightly negligent breach of main contractual obligations, liability shall be limited to typically foreseeable damage to the customer and the amount shall be limited to the contractually agreed remuneration for the underlying services paid on the due date. In no event shall we be liable for loss of profit, consequential harm caused by a defect, indirect or incidental damages.
10.3 We perform our services with the utmost care, but shall not be liable for services provided by or obtained from third parties.
XI. Redemption of promotional vouchers
11.1 Vouchers which are issued by us free of charge within the framework of promotions with a specific period of validity and which cannot be purchased by the customer (hereinafter "promotion vouchers") can only be redeemed in our online shop and only within the specified period. There is no possibility of cash redemption and no retroactive crediting against products already ordered. Vouchers can only be redeemed for a limited period of time and expire on the date specified in the terms and conditions of the specific voucher.
11.2 Some promotional vouchers are limited to certain product groups or individual items or contain other special product restrictions. Offers are only valid while stocks last. There is no entitlement to replacement items, replacement vouchers or price reductions. Shipping costs and other charges also apply to items from promotions, provided that these would also be incurred without a voucher. There is no entitlement to a pro rata or full replacement of a promotion voucher.
11.3 Only one promotional voucher can be redeemed per order.
11.4 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by us. If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by us may be chosen to settle the difference. The credit balance of a promotional voucher is neither paid out in cash nor does it earn interest.
11.5 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 cancellation.
11.6 The promotional voucher is only intended for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. We are entitled to verify the material eligibility of the respective voucher holder.
XII. Environmental information (old appliances and old batteries)
12.1 Used appliances and used batteries must not be disposed of in household waste.
12.2 As consumers, customers are legally obliged to dispose of old appliances separately from household waste and to hand them in at a collection point, for example. Old electrical appliances are accepted there free of charge. This ensures that old appliances can be recycled properly and that negative effects on the environment are avoided.
12.3 As consumers, customers are also obliged to take batteries to a suitable collection point. After use, customers can return the batteries free of charge either in their immediate vicinity (e.g. in shops or at municipal collection points).
12.4 The sign with the crossed-out dustbin means that batteries and accumulators must not be disposed of with household waste. Below this symbol you will also find the following symbols with the following meaning:
Pb: Battery contains lead
Cd: Battery contains cadmium
Hg: Battery contains mercury
XIII Data protection
13.1 The security and strictly confidential treatment of personal data is our top priority. We always process personal data in accordance with the applicable data protection regulations.
13.2 Detailed information on data protection can be found in our data protection declaration, which is available at https://www.firstaustria.com/informationen/datenschutz.
13.3 The customer confirms that he has taken note of our data protection declaration.
XIV. Final Provisions
14.1 Should one or more of the provisions of these General Terms and Conditions be invalid in whole or in part, or should they lose their validity at a later date, this shall not affect the validity of the remaining provisions.
14.2 The contract shall be governed by Austrian law to the exclusion of national and supranational rules of reference and the UN Convention on Contracts for the International Sale of Goods.
14.3 The place of performance shall be Vienna. If a customer is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG), the court in whose district the customer's domicile, habitual residence or place of employment is located shall have jurisdiction over any legal disputes. In all other cases, the competent court in Vienna shall be agreed.
14.4 The European Commission (EU) provides a platform for online dispute resolution (ODR): http://ec.europa.eu/consumers/odr/. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer. The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
14.5 All messages, graphics and the design of the website are for personal information only and are protected by copyright.