Privacy Policy

02.01.2022

 General terms and conditions of sale

 Scope of application

These terms and conditions apply to all purchases made at 32nd October OG [http://32october.store/pages/imprint].

 

Conclusion of contract

The presentation of our goods and the granting of the possibility to place an order represents a concrete offer  to conclude a sales contract.
Through your order placement you accept the offer and the purchase contract.
You will receive an order confirmation by e-mail to the e-mail address you provided.

 

Prices and shipping costs

The shown prices are final prices. The amount shown at the time of placing the binding order applies. In addition, there are shipping costs, which depend on the shipping method and the size and weight of the product(s) ordered by you. The Buyer is carrying the regular shipping costs in case of a return by you executing your right of withdrawal.
32nd October OG offers free shipping to you in case the total Amount of your Purchase order exceeds 50.00 Euro.

 

Right of Withdrawal

You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by youhas taken possession of the goods.

To exercise your right of withdrawal, you must inform us in form of a clear statement (e.g. a letter sent by mail, fax or e-mail) of your decision to withdraw from this contract.

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the withdrawal

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the withdrawal of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods (return shipment to us).

You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.

 

Payment

Payment is made upon delivery via

           - PayPal
           - Invoice (payment in advance)

 

Right of retention

The customer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

 

Delivery

(1) Delivery shall be made to the delivery address specified by the customer, within

            - Europe

(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or any other service permanently impossible, 32nd October OG shall not be obliged to perform. Amounts already paid will be refunded immediately by 32nd October OG.

(3) 32nd October OG is also entitled to refuse performance if this requires an effort that is grossly disproportionate to the customer's interest in fulfilling the purchase contract, taking into account the content of the purchase contract and the principles of good faith. Amounts already paid will be refunded by 32nd October OG without delay.

(4) Bulky goods (packages with a volume larger than 1 sqm) are usually delivered by freight forwarding. 32nd October OG expressly points out that these goods will not be carried into the house.

 

Return shipment

(1) When returning the goods and accessories, please use the original packaging if possible, even if it should be damaged due to an opening for functional testing.

(2) The return shipment has to be organized by the buyer, reference to right of withdrawal.

 

Retention of title

Until full settlement of all claims against the customer arising from the purchase contract, the delivered goods remain the property of 32nd October OG. As long as this retention of title exists, the customer may neither resell nor dispose of the goods; in particular, the customer may not contractually grant third parties any use of the goods.

Warranty rights

(1) If a product is already defective upon delivery (warranty case), 32nd October OG will, at the customer's option and at 32nd October OG's expense, replace it with a defect-free product or have it professionally repaired (supplementary performance). It is pointed out to the customer that there is no case of warranty if the product had the agreed quality at the time of transfer of risk. A warranty case does not exist in particular in the following cases:

1. a) in the case of damage caused to the customer by misuse or improper use,
2. b) in the case of damage caused by the products being exposed to harmful external influences at the customer's premises (in particular extreme temperatures, humidity, unusual physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).

(2) Furthermore, 32nd October OG does not provide any warranty for a defect caused by improper repair by a service partner not authorized by the manufacturer.

(3) If the type of supplementary performance requested by the customer (replacement delivery or repair) requires an effort that is grossly disproportionate to the customer's interest in performance in view of the product price, taking into account the content of the contract and the dictates of good faith - whereby in particular the value of the object of purchase in a defect-free condition, the significance of the defect and the question of whether the other type of supplementary performance can be resorted to without significant disadvantages for the customer are to be taken into account - the customer's claim is limited to the respective other type of supplementary performance. The right of 32nd October OG to also refuse this other type of subsequent performance under the aforementioned condition remains unaffected.

(4) Both in the case of repair and in the case of replacement, the customer is obliged to send the product at the expense of 32nd October OG, stating the order number, to the specified return address.

(5) If the customer sends the product in order to receive a replacement product, the return of the defective product shall be governed by the following provisions: If the customer was able to use the product in a defect-free condition between delivery and return, the customer shall reimburse 32nd October OG for the value of the benefits derived from the product. The customer shall pay compensation for the value of any loss or further deterioration of the goods not caused by the defect and for the impossibility of surrendering the goods not caused by the defect in the period between delivery of the goods and return of the goods. The customer does not have to pay compensation for the deterioration of the goods caused by the intended use of the goods. Furthermore, the obligation to pay compensation for lost value shall not apply to the return of a defective product in the event of a warranty claim,

1. a) if the defect entitling to withdrawal has only become apparent during processing or transformation,
2. b) if 32nd October OG is responsible for the deterioration or loss or if the damage would also have occurred at 32nd October OG,
3. c) if the deterioration or loss has occurred at the Customer's premises, although the Customer has exercised the care which he is accustomed to exercising in his own affairs.

(6) The customer's liability for damages in the event of a breach of the obligation to return the goods for which the customer is responsible shall be governed by the statutory provisions.

(7) The customer may, at its option, withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in a condition of the product in accordance with the contract within a reasonable period of time.

(8) In addition, there may also be claims against the manufacturer under a warranty granted by the manufacturer, which shall be governed by the relevant warranty conditions.

(9) The legal warranty of 32nd October OG ends 1 year after delivery of the goods. The period begins with the receipt of the goods.

 

Liability

(1) In case of slight negligence 32nd October OG is only liable for the violation of essential contractual obligations and limited to the foreseeable damage. This limitation does not apply in case of injury to life, body and health. 32nd October OG is not liable for other damages caused by slight negligence due to a defect in the object of purchase.

(2) Irrespective of any fault on the part of 32nd October OG, any liability on the part of 32nd October OG in the event of fraudulent concealment of the defect or from the assumption of a guarantee remains unaffected.

(3) 32nd October OG is also responsible for the impossibility of delivery occurring by chance during its delay, unless the damage would also have occurred in the event of timely delivery.

(4) Personal liability of legal representatives, vicarious agents and employees of 32nd October OG for damages caused by them due to slight negligence is excluded.

 

Applicable law

The contract concluded between you and 32nd October OG is governed exclusively by the laws of the Federal Republic of Austria with the express exclusion of the UN Convention on Contracts for the International Sale of Goods. This does not affect the mandatory provisions of the state in which you have your habitual residence.

 

Place of jurisdiction

If you do not have a residence in the Federal Republic of Germany, contrary to the information you provided when placing the order, or if you move your residence abroad after the conclusion of the contract, or if your residence is not known at the time the action is filed, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be Wr. Neustadt.

 

Dispute resolution

General information requirements for alternative dispute resolution in accordance with Article 14 (1) ODR Regulation and § 36 VSBG (Consumer Dispute Resolution Act):

The European Commission provides a platform for online dispute resolution (OS), which you can find at this address: http://ec.europa.eu/consumers/odr/ . We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

Final Provisions

(1) Should individual provisions of this Agreement be or become invalid or void in whole or in part, this shall not affect the validity of the remaining provisions of the Agreement, provided that one of the contracting parties is not unreasonably disadvantaged thereby.

(2) Amendments or supplements to this contract must be made in writing.