Terms of service

Table of Contents
1. Scope of Application
2. Conclusion of the Contract
3. Right to Cancel
4. Prices and Payment Conditions
5. Shipment and Delivery Conditions
6. Reservation of Proprietary Rights
7. Warranty
8. Liability
9. Applicable Law
10. Place of Jurisdiction
11. Alternative dispute resolution
1) Scope of Application
1.1 These General Terms and Conditions (“GTC”) of EHF Marketing GmbH (“Seller”) apply to all contracts concluded between the Seller and a consumer or trader (“Client”) concerning all goods and/or services displayed in the Seller’s online shop.
Any inclusion of the Client’s own contractual terms is hereby rejected unless expressly agreed otherwise.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes which are predominantly outside their trade, business or profession.
1.3 A trader is any natural or legal person, or partnership with legal capacity, who enters into a legal transaction in the exercise of their commercial or independent professional activity.
2) Conclusion of the Contract
2.1 The product descriptions presented in the online shop do not constitute binding offers by the Seller; they are intended only to invite the Client to submit a legally binding offer.
2.2 The Client submits a binding offer by using the Seller’s online order form. After placing selected items into the virtual shopping cart, completing the ordering steps, and clicking the button that finalises the purchase, the Client issues a legally binding offer for the goods and/or services shown in the cart.
2.3 The Seller may accept the Client’s offer within five days,
  • by sending a written order confirmation or confirmation by e‑mail (receipt by the Client is decisive),
  • by dispatching the goods to the Client (receipt by the Client is decisive), or
  • by requesting payment from the Client after the order is placed.
If several acceptance methods apply, the contract is concluded as soon as one of these events occurs first.
If the Seller does not accept the offer within the stated period, the Client is no longer bound by their declaration of intent.
2.4 If the Client selects a payment method offered through PayPal, payment is processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., subject to PayPal’s terms of use. Acceptance of the Client’s offer is deemed to occur at the moment the Client clicks the order‑completion button.
2.5 Upon conclusion of the contract, the Seller stores the contract text and sends it to the Client in text form (e‑mail, fax or letter). No further access to the contract text will be provided by the Seller.
2.6 Before submitting a binding order, the Client may correct entries by carefully reviewing information displayed on the screen. Browser zoom functions may support error identification.
Corrections may be made by standard keyboard and mouse functions until the Client activates the order‑completion button.
2.7 English is the sole language available for concluding the contract.
2.8 Order processing and communication normally take place via e‑mail and automated systems.
The Client must ensure that the e‑mail address provided during ordering is correct, functioning and not obstructed by spam filters.
3) Right to Cancel
3.1 Consumers are entitled to a statutory right of cancellation.
3.2 Details on this right are contained in the Seller’s separate cancellation instructions.
3.3 The right to cancel does not apply to consumers who, at the time of contract conclusion,
are not nationals of a member state of the European Union, and whose exclusive residence and delivery address were located outside the European Union when the contract was concluded.
4) Prices and Payment Conditions
4.1 Unless stated otherwise, all prices displayed in the Seller’s product descriptions are total prices including statutory VAT. Any applicable delivery costs are listed separately.
4.2 Payment may be made using one of the methods listed in the online shop.
4.3 For deliveries outside the EU, additional charges such as transfer fees, exchange fees or import taxes may arise and must be borne by the Client.
4.4 If the Client selects a payment method via Shopify Payments, processing occurs through Shopify International Limited, Dublin. Shopify may engage further payment service providers subject to their own terms, to which the Client may be directed separately.
5) Shipment and Delivery Conditions
5.1 If shipping is offered, delivery is made to the address provided by the Client, unless otherwise agreed.
5.2 If goods cannot be delivered and are returned to the Seller by the transport company, the Client bears the cost of the unsuccessful delivery—except where the Client effectively exercises their cancellation right, or where delivery failure occurs for reasons beyond the Client’s control.
5.3 Personal collection of goods is not possible for logistical reasons.
5.4 The Seller may withdraw from the contract if the Seller is not supplied correctly or on time by its own supplier, provided the Seller is not responsible for the non‑delivery and has concluded a congruent procurement agreement.
If goods become unavailable, the Seller will inform the Client promptly and refund any payments already made.
6) Reservation of Proprietary Rights
If the Seller performs in advance, ownership of the delivered goods remains with the Seller until the purchase price has been paid in full.
7) Warranty
7.1 Unless otherwise agreed, statutory warranty provisions apply.
7.2 If the Client is a trader:
  • The Seller may decide on the type of subsequent performance.
  • For new goods, claims for defects expire one year from delivery.
  • For used goods, defect claims are excluded.
  • Replacement deliveries do not restart limitation periods.
7.3 The above limitations do not apply:
  • to claims for damages or reimbursement of expenses,
  • in cases of fraudulent concealment of defects,
  • for goods used in construction resulting in defectiveness,
  • to any obligation to provide digital updates for goods with digital elements.
7.4 Statutory limitation periods for recourse claims remain unaffected for traders.
7.5 If the Client is an entrepreneur under the Austrian Commercial Code (UGB), they must inspect goods and notify defects immediately under §377 UGB. Failure to do so results in deemed approval.
7.6 If the Client is a consumer, visible transport damage must be reported immediately to the carrier and the Seller. Failure to do so does not affect statutory warranty rights.
8) Liability
The Seller is liable to the Client for all contractual, quasi-contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:
8.1 The Seller is liable without limitation:
  • for intent or gross negligence,
  • for injury to life, body or health,
  • under any guarantee (unless stated otherwise),
  • for mandatory liability under the Austrian Product Liability Act (PHG).
8.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the damage that is typical for the contract and foreseeable, unless unlimited liability applies in accordance with the above paragraph. Material contractual obligations are obligations that the contract imposes on the Seller in accordance with its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the Client can regularly rely.
8.3 Otherwise, liability on the part of the Seller is excluded.
8.4 The above provisions apply correspondingly to the liability of the Seller’s legal representatives and vicarious agents.
9) Applicable Law
9.1 Austrian substantive law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
For consumers, this choice of law applies only insofar as it does not deprive them of mandatory protections in their country of residence.
9.2 Regarding cancellation rights, this choice of law does not apply to consumers who are not EU nationals and whose residence and delivery address were exclusively outside the EU at the time of contract conclusion.
10) Place of Jurisdiction
If the Client is an entrepreneur, a public‑law entity or special public‑law fund with domicile in Austria, the exclusive place of jurisdiction is the competent court at the Seller’s registered office.
If the Client is domiciled outside Austria and the contract relates to the Client’s business activity, the Seller’s registered office is likewise the place of jurisdiction.
However, the Seller may always bring action at the Client’s place of business.
11) Alternative dispute resolution
The Seller is neither obligated nor willing to participate in consumer arbitration proceedings.
The EU Online Dispute Resolution platform is available at: https://ec.europa.eu/consumers/odr.