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GENERAL TERMS AND CONDITIONS
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OVERVIEW
This website is operated by DEMNER, MERLICEK & BERGMANN Werbegesellschaft mbH. Throughout the site, the terms "we", "us" and "our" refer to DEMNER, MERLICEK & BERGMANN Werbegesellschaft mbH. DEMNER, MERLICEK & BERGMANN Werbegesellschaft mbH offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our website and/or purchasing something from us, you are using our "Service" and agree to be bound by the following terms and conditions ("Terms and Conditions", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the Website, including but not limited to users who are visitors, vendors, customers, merchants and/or content creators.
Please read these terms and conditions carefully before accessing or using our website. By accessing or using any part of the Website, you agree to be bound by these Terms and Conditions. If you do not agree to all of the terms and conditions of this agreement, you may not access the website or use the services of any kind. If these terms and conditions are considered an offer, acceptance is expressly limited to these terms and conditions.
Any new features or tools added to the current store will also be subject to the Terms and Conditions.You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website.It is your responsibility to check this page regularly for any changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you.
SCOPE OF APPLICATION & CHANGES TO THE GENERAL TERMS AND CONDITIONS
The General Terms and Conditions as amended from time to time shall apply to any use of this website (https://brandshop.dmb.at), in particular to any order). In the event of changes to these General Terms and Conditions, the version published on the Internet at the time of the order shall apply. You can download the text to a computer, save it, reproduce it and print it out.
TERMS AND CONDITIONS FOR THE ONLINE SHOP
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country of residence, or that you are the age of majority in your country of residence and you have given us your consent to allow your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you use the Service in violation of any laws in your jurisdiction (including, but not limited to, copyright laws).
You must not transmit any worms or viruses or any other code of a destructive nature.
Violation or breach of any of these Terms will result in immediate termination of your Services.
CONTRACTUAL PARTNER
DEMNER, MERLICEK & BERGMANN Werbegesellschaft mbH
Lehárgasse 9-11
1061 Vienna
E-MAIL: mailbox@dmb.at
PHONE: +43 1 588 46 - 0
FAX: +43 1 588 46 - 849
COMPANY NUMBER: FN 89433w
COMPANY COURT: Commercial Court Vienna
Austrian Federal Economic Chamber
COMPANY SEAT: Vienna
UID NUMBER: ATU 15533402
GISA number: 35336334
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You acknowledge that your information (other than credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted when transmitted over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service or access to the Service, or any contact on the Site through which the Service is provided, without express written permission from us.
The headings used in this Agreement are for convenience only and shall not limit or otherwise affect these Terms.
CONCLUSION OF CONTRACT FOR ONLINE ORDERS
The information contained in these Terms and the information contained on the Website does not constitute an offer to sell, but an invitation to enter into a transaction. A contract for any product will only be formed between you and us once your order has been expressly accepted by us. If we do not accept your offer, any amounts already debited from your account will be refunded in full.
To place an order, you must complete the online checkout process and click the "Check out" button. You will then receive an e-mail from us confirming receipt of your order ("Confirmation of your order"). Please note that this does not mean that your order has been accepted, as your order represents your offer to purchase one or more products from us. All orders require acceptance on our part, which is done by sending you an email confirming that the order is ready for collection.
The contract for the purchase of a product ("Contract") is only concluded when we have sent you the confirmation email ("Pick up your order").
The Contract relates only to those products listed in the confirmation. We are not obliged to sell you further products ordered until the order for these products has also been placed in a further confirmation.
Before placing your order, you must provide your name, address and telephone number as well as your e-mail address in the space provided in the online store. By placing an order in the online store, you are submitting a contract offer. We will confirm receipt of the order by e-mail, but this confirmation does not constitute acceptance of the contract offer. The contract is only concluded when you collect and pay for the goods ordered.
DUE DATE, MEANS OF PAYMENT, DEFAULT AND RETENTION OF TITLE
Payment for the goods is made exclusively via PayPal.
Please also note the general terms and conditions of PayPal in the context of payment processing.
We reserve ownership of the goods until full payment has been made.
RIGHT OF WITHDRAWAL
Customers who are consumers under the Austrian Consumer Protection Act have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods. To exercise your right of withdrawal, you must contact us (DEMNER, MERLICEK & BERGMANN Werbegesellschaft mbH, Lehárgasse 9-11, 1061 Vienna, mailbox@dmb.at (mailto:mailbox@dmb.at).
FAX: +43 1 588 46 - 849) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). 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.
If you withdraw from the contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from the contract. The same means of payment that was used for the original transaction will be used for the refund, unless expressly agreed otherwise with you. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest.
You must return the goods to us immediately and in any case no later than fourteen days from the day on which you informed us of your withdrawal from the contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information provided on this site is not accurate, complete or current. The material on this website is for general information purposes only and should not be relied upon or used as the sole basis for making decisions without checking primary, more accurate, more complete or more up-to-date sources of information. Any reliance you place on the material on this website is strictly at your own risk.
This site may contain certain historical information. Historical information is not necessarily current and is provided for your guidance only. We reserve the right to change the content on this website at any time, but we are under no obligation to update information of any kind on our website. You agree that it is your responsibility to monitor changes to our website.
CHANGES TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES (if applicable)
Certain products or services may only be available online through the Site. These products or services may be available in limited quantities and are subject to return or exchange only in accordance with our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that your computer monitor will display every color correctly.
We reserve the right, but are not obligated, to limit the sale of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer. All product descriptions or product prices are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations or that any errors in the service will be corrected.
Unless expressly agreed otherwise, we are entitled to deliver the services offered in our webshop (i.e. the respective product offered) in parts. Each partial delivery constitutes a separate (legal) transaction and may be invoiced separately by us.
We reserve the right to remove products from the website at any time and to remove or change materials or content on the website. Although we always make every effort to process all orders received by us, exceptional circumstances may mean that we have to refuse to process an order after sending an order confirmation. We reserve the right to do so at any time at our discretion.
We shall not be liable to you or any third party for the removal of any products or alteration of any materials or content on this website or the rejection of any order after an order confirmation has been sent.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed from or under the same customer account or credit card and/or orders using the same billing and/or shipping address. In the event we change or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to have been placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
ADDITIONAL TOOLS
We may provide you with access to third-party tools that we do not monitor, control or influence.
You agree that we provide access to these tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We assume no liability whatsoever arising from or related to your use of additional third-party tools.
Any use of additional tools offered through the Website is at your own risk and discretion and you should ensure that you are familiar with and agree to the terms on which the tools are provided by the relevant third party provider(s).
We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services will also be subject to these Terms and Conditions.
THIRD PARTY LINKS
Certain content, products and services available through our Service may include materials from third parties.
Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy thereof, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites or for any other materials, products or services of third-parties.
We are not liable for any damages incurred in connection with the purchase or use of any goods, services, resources, content or other transactions made in connection with any third-party websites. Please read the third party's policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions about third-party products should be directed to the third-party provider.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain submissions (e.g. contest entries) or without solicitation from us, you send creative ideas, suggestions, proposals, plans, or other materials online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that we may, at any time and without restriction, edit, reproduce, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and will be under no obligation (1) to maintain any comments in confidence, (2) to pay compensation for any comments, or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms and Conditions.
You agree that your comments will not violate any right of any third party, including but not limited to copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous, defamatory or otherwise unlawful, abusive, hateful or obscene material or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website or application. You must not use a false e-mail address, impersonate other people or mislead us or third parties as to the origin of any comments. You are solely responsible for your comments and their accuracy. We are not responsible or liable for any comments posted by you or any third party.
PERSONAL DATA
The transmission of personal data via the store is subject to our privacy policy. Please read our privacy policy.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be typographical errors, inaccuracies or omissions in product descriptions, pricing, promotions, offers, product shipping charges, delivery times and availability on our site or in our service. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Service or on any related website is incorrect at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify any information relating to the Service or on any related website, including but not limited to pricing information, except as required by law. Any update dates indicated with respect to the Service or on any related website should not be taken to indicate that all information with respect to the Service or on any related website has been changed or updated.
PROHIBITED USES
In addition to other prohibitions set forth in the Terms and Conditions, you are prohibited from using the Site or its Content for any of the following: (a) for unlawful purposes; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any international, federal, state, provincial or federal regulations, rules, laws or local ordinances; (d) to interfere with or infringe our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, libel, slander, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to transmit false or misleading information;
(g) to upload or transmit viruses or any other type of harmful code that in any way affects the functionality or operation of the Service or any related website, other websites or the Internet; (h) to collect or track the personal information of others; (i) for spamming, phishing, pharming, pretexting, spidering, crawling or scraping; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website if you violate any of the Prohibited Uses.
DISCLAIMER; LIMITATION OF LIABILITY
We make no warranty, representation or guarantee that the use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service indefinitely or discontinue it at any time without notice to you.
You expressly agree that your use of or inability to use the Service is at your sole risk. The Service and all products and services offered to you through the Service are (unless expressly stated by us) provided to you "as is" and "as available" for your use, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, resilience, title or non-infringement.
In no event shall DEMNER, MERLICEK & BERGMANN Werbegesellschaft mbH, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, but not limited to, lost profits, lost revenues, lost savings, loss of data, replacement costs or similar damages, whether based on contract, tort (including negligence), strict liability or otherwise arising out of or in connection with the use of the Service or any products obtained through the Service, or for any other claim based in contract, tort (including negligence) or strict liability, tort (including negligence) or strict liability, or otherwise arising out of the use of the Service or any products obtained through the Service, or for any other claim in any way related to the use of the Service or any product, including but not limited to errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of the Service or any Content (or products) posted, transmitted or otherwise made available via the Service, even if advised of the possibility thereof.
Because some countries or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless DEMNER, MERLICEK & BERGMANN Werbegesellschaft mbH and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any provision of these Terms and Conditions, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination and/or we will deny you access to our services (or parts thereof).
ENTIRE AGREEMENT
The failure by us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or in writing, between you and us (including without limitation any previous versions of the Terms and Conditions).
Any ambiguities in the interpretation of these General Terms and Conditions should not be construed against the drafting party.
JURISDICTION & GOVERNING LAW
The place of fulfillment and payment under this agreement and the exclusive place of jurisdiction is Vienna. Austrian law applies with the exception of the UN Convention on Contracts for the International Sale of Goods and any (domestic or European law) reference standards.
SEVERABILITY
If any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect its validity and enforceability of the remaining provisions.
CONTACT DETAILS
Questions about the General Terms and Conditions should be directed to us at shop@mail-brandshop.dmb.at (mailto:shop@mail-brandshop.dmb.at).
As of: October 2023.