GTC – General Terms and Conditions

 

1. Validity of the General Terms and Conditions

The General Terms and Conditions (hereinafter referred to as “GTC”) apply to all contracts concluded via the online shop or the contact form of the website www.opus-novo.com between Opus Novo GmbH and customers who are consumers.
A consumer is any natural person who enters into a legal transaction for a purpose that cannot be attributed to his or her commercial or independent professional activity.
Consumer transactions within the meaning of these General Terms and Conditions are legal transactions with customers who are to be regarded as consumers within the meaning of § 1 KSchG. These are those persons for whom the transaction is not part of the operation of their business. The customer’s order constitutes an offer to our company to conclude a purchase contract.
These General Terms and Conditions shall also apply to all future contract designations, thus even if no express reference is made to them in the case of additional contracts. The version of our General Terms and Conditions current at the time of conclusion of the contract, available on this website, shall apply in each case. We contract exclusively on the basis of our GTC.

 

2. Acknowledgement of the GTC

The customer acknowledges these GTC and agrees to them as soon as he places an order. The contracting parties agree that Austrian law shall apply. If the consumer/customer has his domicile or habitual residence in Austria or if he is employed in Austria, any action against him may only be brought before the court in whose jurisdiction his domicile, habitual residence or place of employment is located. This does not apply to legal disputes that have already arisen.

 

3. Defence clause

The inclusion of general terms and conditions or contractual conditions of the customer, which deviate from these GTC, are rejected, unless they are expressly accepted by Opus Novo GmbH.

 

4. Conclusion of contract

4.1. Internet presentation of Opus Novo GmbH on the website www.opus-novo.com

The product presentation on the website does not constitute an offer in the legal sense. In any case, the product descriptions contained in the online shop do not constitute binding offers on the part of the seller, but are used for the submission of a binding offer by the customer. It is an invitation to the customer to make an offer himself. The customer makes the offer in the legal sense by entering the name and address, thereby also placing an order. The confirmation of the receipt of the order together with the acceptance of the order takes place immediately after sending by an automated or a non-automated e-mail. With this e-mail confirmation, the purchase contract is concluded

 

4.2. Ordering process

In the overview of the online shop’s range of products at www.opus-novo.com, the customer can select the product(s) he/she wants, save them temporarily and then order them. By means of a clearly marked button, the customer can then order the temporarily stored product(s) subject to payment. In doing so, the customer must specify his/her billing/delivery address as well as the desired payment method. If an external payment service (e.g. PayPal) is selected, the customer will be redirected to the external website of the respective payment service provider. Before the order is placed, the data relevant to the order is summarised once again in an order overview. The customer is free to check his details in the order overview once again and to correct them if necessary before he sends his order, which is subject to payment, to Opus Novo GmbH by means of a clearly marked button. By sending the order, the customer makes a binding offer to purchase the product(s) selected by him.

 

4.3. Order confirmation (= conclusion of contract)

After receipt of the order, Opus Novo GmbH sends a notification e-mail to the e-mail address provided by the customer. This notification e-mail can be entered manually or created automatically. In this notification e-mail (= order confirmation) the receipt of the order is confirmed and its content is reproduced. Should Opus Novo GmbH reject the conclusion of the contract, the customer will be informed immediately by e-mail.

 

5. Right of withdrawal / cancellation

You can return the received goods without giving reasons within 14 days by returning the goods. You will find more detailed information on the right of withdrawal and cancellation in the cancellation policy.

 

5.1. Cancellation policy

The following cancellation policy applies to contracts for goods that can be sent as a parcel by post or a parcel delivery service.

 

5.1.1. Right of cancellation for goods that can be sent as a parcel

As a consumer, you have the right to cancel this contract within 14 days without giving any reason. The revocation period is 14 days from the day on which you or a third party named and authorised by you, who is not the carrier, last took possession of the goods. The day of the order is therefore not relevant for the withdrawal period.
In the case of a contract for several goods which you as a consumer have ordered as part of a single order and which are delivered separately, the withdrawal period for all goods from the same contract begins from the day on which the last goods from this contract were last taken into possession by you or a third party named and authorised by you who is not the carrier. The same applies in the case of a partial shipment.
In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration (for example, a letter sent by post or via the contact form on our website). The deadline for this is the receipt of your decision by us; for this reason, please note the duration of the dispatch route in the case of postal dispatch and allow enough time for this so that the 14-day period for revocation is not exceeded. Please use the following postal address for a notice of cancellation: Opus Novo GmbH; Neubaugasse 24/1; A-8020 Graz; Austria. You will find the contact form HERE.

 

5.1.2. Consequences of revocation

If you revoke a 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 cheapest standard delivery offered by us), without undue delay and at the latest within 30 days from the day on which we received the notification of the revocation of the contract concerned. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. We may also ask you to provide us with your bank account details so that we can refund you directly to your bank account. However, we will need to contact you separately and obtain your consent to do so. Under no circumstances will you be charged any fees for this refund. We may refuse to refund you until we have received the goods back. If you return the goods damaged or incomplete and it can be proven that you are responsible for the damage or for the absence of certain components, we can also refuse the repayment or only carry out the repayment in part. In this case, you may be charged for the damage or missing components. However, we cannot charge you these costs if it can be proven that this damage or the loss of individual components was not caused by you but by the parcel/delivery service.
You must return the goods immediately and in any case no later than 14 days from the day on which you notify us of the cancellation of the contract concerned. Use the following parcel address for this purpose: Opus Novo GmbH; Neubaugasse 24/1; A-8020 Graz; Austria. The deadline is met if you send the goods before the end of this 14-day period.
Contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer cannot be revoked.

 

5.1.3. The right of withdrawal does not apply to the following contracts:

  1. Contracts for the supply of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer
  2. Contracts for the supply of goods which are liable to deteriorate rapidly or whose expiry date would be rapidly exceeded
  3. Contracts for the supply of goods which, for reasons of health protection or hygiene, are not suitable for return if they have been opened or used after delivery
  4. Contracts for the supply of goods if, by reason of their nature, they would be inseparably mixed with other goods after delivery
  5. Contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery
  6. Contracts for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts
  7. Contracts for the delivery of goods whose price was agreed upon at the time of conclusion of the contract but which can be delivered at the earliest 30 days after conclusion of the contract and whose current value depends on fluctuations in the market over which Opus Novo GmbH has no influence.

     

5.1.4. Conclusion of the cancellation policy

In principle, you do not need a prefabricated (sample) form for the revocation. You can submit your declaration in this regard informally to us via the channels described above.

 

6. Prices

In principle, the purchase price for the ordered goods shall be deemed to be agreed upon, which results from the current brochures, catalogues, price lists, web shop information or similar publications of our company. All product prices are total prices; they include the statutory value added tax (VAT), unless otherwise indicated.
Price errors excepted. If the correct price is higher, the customer will be contacted. In this case, a contract is only concluded if the customer wishes to buy at the actual price. If the correct price is lower this price will be charged.

 

7. Shipping costs

Shipping costs are added to the stated product costs or product prices. You will find more details about the shipping costs in the offers and in the webshop. The basic shipping costs can also be found in the FAQ, although the actual shipping costs in the offers may differ from the information in the FAQ. In this case, the information in the offers is the correct shipping costs. The applicable value added tax (VAT) is included in the shipping costs, unless otherwise stated.

In case of payment by cash on delivery, the cash on delivery fee has to be paid additionally. Opus Novo GmbH will not charge this to the customer, however, the customer has to pay this directly to the deliverer. The customer does not have the possibility to claim this fee back from Opus Novo GmbH. Furthermore, Opus Novo GmbH reserves the right to suspend this payment method temporarily or permanently.

In addition to the stated product costs or product prices, shipping costs will be added. You will find more details about the shipping costs in the offers and in the webshop. The basic shipping costs can also be found in the FAQ, although the actual shipping costs in the offers may differ from the information in the FAQ. In this case, the information in the offers is the correct shipping costs. The applicable value added tax (VAT) is included in the shipping costs, unless otherwise stated.

In case of payment by cash on delivery, the cash on delivery fee has to be paid additionally. Opus Novo GmbH will not charge this to the customer, however, the customer has to pay this directly to the deliverer. The customer does not have the possibility to claim this fee back from Opus Novo GmbH. Furthermore, Opus Novo GmbH reserves the right to suspend this payment method temporarily or permanently.

 

8. Delivery conditions

Unless otherwise agreed, delivery will be made to the address provided by the customer. We also deliver to packing stations. In the event of incorrect, incomplete or unclear information provided by the customer, the customer shall bear all costs arising therefrom.

The estimated delivery time is usually indicated during the ordering process. In case of payment in advance, if offered, the delivery period starts one working day after receipt of the amount on the bank account of Opus Novo GmbH. In case of payment by cash on delivery or purchase on account, if offered, the delivery period begins one working day after the day of the conclusion of the contract. In all other cases, the delivery period begins one working day after receipt of the order.
In the event of damage to the goods during transport, the customer shall immediately notify the transport company and Opus Novo GmbH of the damage. The damage will be claimed from the transport company.

Opus Novo GmbH shall not be responsible in case of delivery obstacles in the area of suppliers or manufacturers. If the delivery or the compliance with an agreed delivery time becomes impossible due to circumstances for which Opus Novo is not responsible, Opus Novo GmbH shall be entitled to withdraw from the contract partially or completely. Opus Novo GmbH shall inform the customer thereof without delay. Claims for damages are excluded in this case. The customer will be informed about existing delivery restrictions before the start of the order process.

If the transport company returns the dispatched goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful dispatch. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the service offered, unless the seller gave him reasonable advance notice of the service. In particular, compliance with the expected delivery time stated by the seller in the context of the sales process in the web shop at www.opus-novo.com shall be deemed to be a reasonable time.

Unless otherwise agreed, delivery shall be made to the address specified by the customer. We also deliver to packing stations. In the event of incorrect, incomplete or unclear information provided by the customer, the customer shall bear all costs arising therefrom.

The estimated delivery time is usually indicated during the ordering process. In case of payment in advance, if offered, the delivery period starts one working day after receipt of the amount on the bank account of Opus Novo GmbH. In case of payment by cash on delivery or purchase on account, if offered, the delivery period begins one working day after the day of the conclusion of the contract. In all other cases, the delivery period begins one working day after receipt of the order.

In the event of damage to the goods during transport, the customer shall immediately notify the transport company and Opus Novo GmbH of the damage. The damage will be claimed from the transport company.

Opus Novo GmbH shall not be responsible in case of delivery obstacles in the area of suppliers or manufacturers. If the delivery or the compliance with an agreed delivery time becomes impossible due to circumstances for which Opus Novo is not responsible, Opus Novo GmbH shall be entitled to withdraw from the contract partially or completely. Opus Novo GmbH shall inform the customer thereof without delay. Claims for damages are excluded in this case. The customer will be informed about existing delivery restrictions before the start of the order process.

If the transport company returns the dispatched goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful dispatch. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the service offered, unless the seller gave him reasonable advance notice of the service. In particular, compliance with the expected delivery time stated by the Seller in the context of the sales process in the web shop at www.opus-novo.com shall be deemed to be a reasonable time.

 

9. Due date and retention of title

The purchase price is due at the latest upon delivery of the goods.
The delivered goods remain the property of Opus Novo GmbH until full payment has been made.

 

10. Terms of payment

The currently offered payment methods are listed in the webshop of Opus Novo GmbH. This listing can change constantly, but it is in the interest of the supplier to offer enough different payment methods, so that every customer, independent of technical and legal requirements, can be offered a payment option with justifiable effort.
In the event of default of payment, Opus Novo GmbH shall be entitled to demand, at its discretion, compensation for the damage incurred or interest on arrears at the statutory rate. For consumers this is 4 % p.a.. Opus Novo GmbH is also entitled to charge compound interest from the day of handover of the goods in case of default of payment by the customer.
The payment data shall be transmitted in encrypted form via the Internet during the ordering process. Due to a special integration into the ordering process, we do not have access to your payment data at any time and are therefore not the processor of your data. These are processed exclusively by the payment service providers. You can access the data protection declarations of these payment service providers on the respective website of the payment service provider you wish to use.

 

11. Guarantee

Unless otherwise stipulated, the general statutory provisions shall apply.
The warranty is excluded in the case of defects caused by the customer. This is particularly the case in the event of improper handling, incorrect operation, non-compliance with the regulations and recommendations contained in the operating instructions, unauthorised repair attempts, improper cleaning attempts (see operating instructions) and other negligent actions which result in damage or complete destruction, or injury to persons.
The shortened limitation period shall not apply to damage caused by a grossly negligent breach of duty by Opus Novo GmbH or by a wilful or grossly negligent breach of duty by a legal representative or vicarious agent of Opus Novo GmbH. Furthermore, the shortened limitation period shall not apply to claims for damages based on the negligent or intentional breach of essential contractual obligations. Material contractual obligations are obligations the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the customer may regularly rely.
If goods are delivered with obvious transport damage, please complain about such defects immediately to the deliverer and also contact us as soon as possible. Failure to make a complaint or to contact us has no consequences for the legal warranty claims of consumers and only serves to support the supplier in asserting his claims against the company commissioned with the delivery of the goods or against the insurance company.

 

12. Exclusion of liability

Damage claims of the customer against Opus Novo GmbH are excluded, as far as Opus Novo GmbH or its vicarious agents have not acted intentionally wrong or grossly negligent.
This shall not affect liability for damages resulting from injury to life, body and health, for grossly negligent or intentional breach of essential contractual obligations or insofar as liability is mandatory under the Product Liability Act or for culpa in contrahendo or for other breaches of duty or tortious claims for compensation for property damage. Material contractual obligations are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the customer may regularly rely.

 

13. Data protection

Provisions on data protection are contained in the data protection declaration, which can be viewed on the website of Opus Novo GmbH in the respective current version. The personal data provided by the customer will not be passed on to third parties by the seller unless this is necessary for the execution of the contract. Within the framework of our data protection declaration on the website www.opus-novo.com, we provide all information on data protection as well as on the type, purpose and scope of the collection, use, storage and processing of personal data carried out by us.

 

14. Reservation of right of amendment

We are entitled to unilaterally amend these General Terms and Conditions (GTCs) to the extent that this is necessary to eliminate equivalence disturbances that have arisen subsequently or to adapt to changed legal or technical framework conditions, to integrate new products, distribution channels, services and sales models or to change the business model of Opus Novo GmbH. We will inform the customer of a change by communicating the content of the changed regulations to the customer’s last notified e-mail address, insofar as these changes affect existing customers as well as existing and already concluded contracts and these contracts are subsequently changed as a result. If the customer is informed of the amendment, it shall become part of the contract if the customer does not object to its inclusion in the contractual relationship in writing or text form within six weeks of receipt of the notification of amendment.

 

15. Severability clause

In case individual provisions of these General Terms and Conditions are or become invalid, this shall not affect the validity of the remaining provisions and the contracts concluded on the basis thereof! The invalid provision shall be replaced by a valid provision which comes as close as possible to the meaning and economic purpose of the invalid provision.

 

16. Language of the contract

The language available for the conclusion of the contract is exclusively German. For information purposes, we also offer other languages, in particular English, on our website and in various marketing and sales documents. However, contracts in other languages as well as versions of these General Terms and Conditions (GTCs) in other languages are for your information only. In the event of a dispute, only the original German-language versions of our contracts and our General Terms and Conditions (GTCs) shall form the basis for dispute resolution or legal proceedings.

 

17. Contract law

These General Terms and Conditions (GTCs) shall be governed exclusively by Austrian substantive law, excluding the conflict of laws rules of private international law and excluding the UN Convention on Contracts for the International Sale of Goods. For all disputes arising from or in connection with these General Terms and Conditions (GTC), the exclusive jurisdiction of the court having subject-matter jurisdiction for the registered office of Opus Novo GmbH is agreed.

 

18. Arbitration board and online dispute resolution

The EU Commission provides a platform for online dispute resolution on the Internet at the following link: 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.

 

19. Conclusion

Contact us with questions or suggestions, as well as complaints via our contact form, which can be found on our website www.opus-novo.com. Status: 06.03.2021