RETENTION OF TITLE
For contracts with consumers, until full payment of the invoice amount, including shipping costs, the goods remain property of Oscar&TrudieLP.
For contracts with entrepreneurs the goods remain property of Oscar&TrudieLP until all claims from an ongoing business relationship have been settled.
If your payment is more than 14 days in arrears, we reserve the right to cancel the contract and recover the goods. Should you fail to comply with the payment deadline, we reserve the right to assign outstanding receivables to third parties or to take legal action.
If you are act as an entrepreneur, you are entitled to resell goods subject to title retention in the ordinary course of business. You will assign all herefrom resulting claims against third parties in the amount of the respective invoice value (including VAT) in advance to Oscar&TrudieLP. Oscar&TrudieLP accepts this assignment. This assignment shall apply regardless of whether the reserved goods have been resold without or after processing. You remain authorized to recover receivables even after assignment. Oscar&TrudieLP’s legal capacity to collect the claims itself remains unaffected. However, Oscar&TrudieLP will not collect the claims as long as you meet your payment obligations to Oscar&TrudieLP, do not become in default of payment and no application is filed for insolvency proceedings.
Your warranty rights result from the applicable legal provisions.
To clarify, please note that the expiration date is no additional guarantee in any legal sense, but a legal obligation.
Acting as an entrepreneur, you carry the commercial obligation to inspect the goods and to give notice of defects. You, as an entrepreneur, must check received goods immediately for completeness or any deficiencies and must reprimand any found deviations or deficiencies within a period of 7 calendar days in written manner (notice of defects). Hidden defects must be reported immediately after their discovery. Should you, the entrepreneur, refrain from meeting regulated reporting requirements or if the complaint is not made in time, the goods are deemed approved. Warranty claims, damages due to the defect itself and errors are excluded in this case.
For entrepreneurs, the statute of limitations for new goods is one year from passage of risk.
Once supplementary performance is effected in form of a replacement delivery, you are obliged to return the goods to Oscar&TrudieLP at your expense, within 30 days. Returning defective goods must take place in accordance with the legal requirements.
Oscar&TrudieLP is only liable for intent and gross negligence. This also applies to a breach of duty by one of our legal representatives or vicarious agents.
Furthermore, we are liable for the negligent or intentional breach of duties, their fulfillment being essential to the proper execution of the contract and their non-fulfillment being endangering to the purpose of the contract, on which, as a customer, you regularly rely on for compliance. In this case, however, we are only liable for foreseeable, typical damage. We are not liable for negligent breach other than described in this paragraph.
The above mentioned limitations do not apply to critical injury or harm of body or health. Liability under the Product Liability Act remains unaffected.
Given the current state of technology, data communication via the Internet can not be guaranteed error free and / or available at all times. Hence, we are not liable for the continuous and uninterrupted availability of our Oscar & Trudie online shops.
Despite meticulous surveillance, Oscar&TrudieLP takes no liability for the content of external links. The respective operators are solely responsible for the content of linked pages. Furthermore, we take no liability for any error in pricing information.
RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract within fourteen days, without stating any reason. The withdrawal period is fourteen days from the date on which you or a third party representative other than the carrier took possession of the goods.
To exercise your right, you must inform us, Oscar&TrudieLP, Wickenburggasse 4/5, 1080 Vienna, by e-mail: email@example.com, about your decision to withdraw from this contract, by unambiguous statement (eg by postal mail or e-mail).
To meet the withdrawal deadline, sending us a message concerning the right of withdrawal before the withdrawal period ends suffices.
If you withdraw from this contract, we will reimburse all payments we have received from you, including shipping costs (with the exception of any additional costs from any chosen type of delivery other than the cheapest standard offered by us) and repay immediately, latest within fourteen days from receipt of notification of contract cancellation. For this reimbursement, we will use the same method of payment used by yourself in the original transaction, unless we explicitly agreed upon another method; in no case will you be charged any fee for this reimbursement.
We may withhold the reimbursement until we have received the returned goods back, or until you have proven that you have sent back the goods, whichever occurs first.
You must return the goods immediately, in any case no later than fourteen days from the date on which you informed us of the cancellation of contract. The deadline is met if you send off the goods within the period of fourteen days. You bear the direct costs of returning the goods.
You must only pay for a diminished value of the goods, if the value loss is due to unnecessary handling of the goods, not required to ascertain the nature, characteristics and functioning of the goods.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
You have no right to cancel contracts for goods that have been a) produced according to customer specifications or b) clearly tailored to personal needs;
Goods that can spoil quickly or whose expiration date would quickly pass;
Goods that are delivered sealed are not suitable for return due to health or hygienic reasons, if they have been unsealed after delivery;
Goods which have been mixed with other goods after delivery and are inseparable due to their nature;
Outside the statutory right of termination, the exchange of defect-free and, in nature and extent, correctly sent commodity is excluded.