General Terms of Business
Kmentemt 
(Shyshirts.at) 

§ 1 General – Validity

1. The following General Terms of Business are valid for all business relations between Kmentemt and the Customer. The version in effect at the time the contract is signed shall be deemed the valid version.
2. Consumers are persons defined as such by the Austrian Consumer Protection Act and thus natural persons, who are not an entrepreneur.
3. Entrepreneurs are natural persons or entities or partnerships with legal capacity, for whom the Contract in question belongs to the operation of their company.
4. Customers may be consumers and also entrepreneurs.

§ 2 Transactions

1. Persons who have not yet reached 18 years shall require the explicit consent and permission of their legal guardian in order to place an order. Proof of consent is to be supplied either in the form of a signature (electronic signature) on the order or in other suitable form. Kmentemt is entitled to request proof of legal age or to inspect proof submitted.
2. The price for a pair of ShySirts is 69 Euro brutto (= 57,50 Euro plus 11,50 Euro, which is the legally applicable VAT in the amount of 20%.) The price does not include the costs for delivery (shipping).

§ 3 Conclusion of Contract

1. Our offers are subject to change without notice and non-binding. Kmentemt reserves the right to make reasonable technical or other changes.
2. Provided the conditions (such as minimum age, consent of legal guardian, if needed) are fulfilled, the Customer shall receive confirmation of his acceptance as a member and access to his member area.
3. The goods shall be sent only after the invoiced amount has been received in full.
4. Electronic invoicing – Our customer agrees that invoices to him may also be created and transmitted electronically. 

§ 4 Right of Withdrawal

1. The right of withdrawal granted to the Consumer pursuant to Section 5 e of the Austrian Consumer Protection Act shall be in conformity with the provisions for online shopping contracts.
2. The Customer shall pursuant to Section 5 e of the Austrian Consumer Protection Act be entitled to withdraw from contracts within fourteen work days, counted from receipt of delivery of the goods or, in the case of services, from the date of conclusion of contract. For the purpose of calculation, Saturdays shall not be counted as work days. Withdrawal is possible without giving the reason therefore; it shall suffice for the statement of withdrawal to be sent on time.
3. For the case of goods or services in the form of a file or files, audio or video recordings or software sent electronically the Customer shall hold no right of withdrawal.
4. By declaring his withdrawal the Consumer agrees to send back without delay the ordered goods. The costs for such return shipment shall be borne by the Customer. In the case of withdrawal conducted with legal effect, the Customer shall not be refunded shipping costs invoiced.

§ 5 Damage Liability

1. The risk for accidental loss of or accidental damage to the goods shall pass to the Customer when the goods are transferred to the dispatcher.
2. In the case of data downloaded or sent via the Internet the risk for loss or alternation of data shall pass to the Customer when the network interface is passed.
3. Delayed acceptance by the Customer shall not affect the time at which risk passes to the Customer.

§ 6 Warranty

1. It is up to the Customer whether repair or replacement shall be performed. Kmentemt is entitled to refuse the chosen remedy if it is impossible or, as compared with other remedies, entails a disproportionately large amount of time, labor or expense. If the Customer is an entrepreneur, defects shall be remedied at our discretion by repair or replacement.
2. In the case that repair is not possible or feasible, the Customer may, at his discretion, request a price reduction or, provided it is not only a minor defect, avoidance of the contract.
3. Entrepreneurs must within a reasonable period inspect the delivered goods for defects and make known to us such defect in writing within one week of receipt of the goods. Failure to so do shall mean that no warranty claims may be asserted.
4. Hidden defects are to be made known in writing within one week of their being noticed. This period shall be deemed adhered to if the notice of defect is sent in time.
5. The entrepreneur as Customer shall bear the full burden of proof for all facts giving rise to a claim, in particular also for the defect itself, for the time at which the defect was first noticed and for giving notice of the defect on time.
6. The warranty period for Consumers is two years from delivery of goods.
7. For entrepreneurs the warranty period is one year from delivery of goods.

§ 7 Limitations on and Exemption from Liability

1. Over and above the Austrian Product Liability Act our liability is limited to willful intent and gross negligence. No liability is accepted for slight negligence, compensation for consequential damage and pecuniary damage, los of savings, loss of interest and for damages incurred through third-party claims toward the Customer.
2. The above limitations on liability do not apply for physical injury or damage to health or for death of the Customer, for which we are accountable.
3. No limitation on liability shall apply toward Consumers for slight negligence.
4. Kmentemt is liable only for its own contents on its own website. Insofar as links enable access to other websites, Kmentemt shall not be responsible for contents contained therein. The contents of such links shall not be deemed the contents of Kmentemt website. Insofar as knowledge is acquired of illegal contents of external or associated websites, access thereto shall be immediately blocked.

§ 8 Data Privacy

1. Our „data privacy information“ shall inform our Customers:
– about the type, scope, duration and purpose of collecting, processing and using the personal data necessary for orders and invoicing;
– about their right to object to the drawing up and use of his anonymized user profile for the purpose of advertising, market research and for designing our offer;
– that data shall be passed to companies, which are authorized by us and under legal obligation to observe data privacy, for the purpose and duration of checking the Customer“s credit rating and sending the goods;
– of their right to obtain free of charge information on personal data stored by us.
2. Any collection, processing or use of personal data over and above that mentioned under Subclause 1. above shall require the consent of the Customer. The Customer can grant such consent before placing his order. The Customer is entitled to revoke his consent at any time in the future.

§ 9 Miscellaneous

1. This Agreement is subject to Austrian Law. The provisions of the UN Sales Convention shall not apply.
2. In the case of Consumers as defined by the Austrian Consumer Protection Act, this choice of law shall apply only insofar as the protection is not waived by compulsory provisions of Law of the state in which the Consumer has his habitual residence.
3. Any disputes arising directly or indirectly from this Agreement shall be settled by the Austrian Court of Law having venue and jurisdiction for the matter.
4. In the event that the Customer is a consumer, the above provision concerning venue and jurisdiction shall be deemed agreed only if the Customer has his residence, habitual residence or place of employment in such court district or if the Customer lives abroad.
5. In the event that any provisions of this Agreement concluded with the Customer including these General Terms of Business shall be or become ineffective in part or in full, the validity of the remaining provisions shall not be affected. In the case of contracts concluded with entrepreneurs those provisions rendered ineffective in part or in full shall be replaced with provisions whose economic intent comes as close as possible to that of the ineffective provision or provisions.

Internet-Version
Vienna, 03.12.2021.
Kmentemt