1. Scope
1.1. These General Terms and Conditions, in their version valid at the time of the order, exclusively govern the business relationship between the online booking platform of MCS GmbH & Co KG, Packerstraße 149A, 8561 Söding-St. Johann (hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”). They can be downloaded at any time in PDF format from https://soho-rooms.at/agb.
1.2. You can reach us for questions, complaints, and claims on weekdays from 9:00 AM to 8:00 PM and on Saturdays from 9:00 AM to 12:00 PM by phone at +43 (0)3135 555 77 or via email at rooms@soho-graz.at.
1.3. A consumer within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business, or profession (§ 13 BGB).
1.4. Deviating conditions of the customer are not recognized unless the seller explicitly agrees to their validity in writing.
2. Offers and Service Descriptions
2.1. The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to submit an order. Service descriptions in catalogs or on the seller’s websites do not have the character of an assurance or guarantee.
2.2. All offers are valid while stocks last unless otherwise stated with the products. Errors and omissions excepted.
3. Order Process and Conclusion of Contract
3.1. The customer can select products from the seller’s assortment without obligation and collect them in a shopping cart via the [Add to Cart] button.
3.2. The customer can then proceed to checkout via the [Proceed to Checkout] button in the shopping cart.
3.3. By clicking the [Place Order] button, the customer submits a binding offer to purchase the products in the cart. Before submitting the order, the customer can view and change the data at any time. Required fields are marked with an asterisk (*).
3.4. The seller then sends the customer an automatic acknowledgment of receipt by email, listing the order again and which the customer can print using the [Print] function. This acknowledgment only confirms receipt of the order and does not yet constitute acceptance of the contract. The purchase contract is only concluded when the seller ships the product within 7 days or confirms shipment with a second email, explicit order confirmation, or invoice.
3.5. If prepayment is offered, the contract is concluded upon provision of the bank details and payment request. If payment is not received within 14 calendar days, the seller withdraws from the contract, and the order becomes void. The reservation of items for prepayment orders is limited to 14 calendar days.
4. Prices and Shipping Costs
4.1. All prices on the seller’s website include the applicable statutory VAT.
4.2. In addition to the stated prices, the seller charges shipping costs, which are clearly indicated on the shipping cost page and during the ordering process.
5. Delivery and Product Availability
5.1. If no copies of the selected product are available at the time of the order, the seller will inform the customer in the order confirmation. If the product is permanently unavailable, no acceptance of the order takes place, and no contract is formed.
5.2. If the product is temporarily unavailable, the seller will notify the customer in the order confirmation. If the delay exceeds two weeks, both parties may withdraw from the contract. In such cases, payments already made will be refunded. If prepayment was agreed upon, shipping occurs after receipt of payment.
6. Payment Terms
6.1. The customer may choose from the available payment methods during and before the completion of the ordering process.
6.2. If payment by invoice is possible, payment is due within 30 days of receiving the goods and invoice. Other payment methods require advance payment without deductions.
6.3. If third-party providers (e.g., PayPal) are used, their terms and conditions apply.
6.4. Klarna payment options: In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made directly to Klarna:
- Invoice: 14-day payment period from dispatch of goods. Terms here.
- Instant transfer: Immediate debit upon order placement.
6.5. If payment due dates are missed, default interest of 5 percentage points above the base interest rate is charged.
6.6. The customer may only offset claims recognized by law or the seller. The right of retention is only valid for claims from the same contractual relationship.
7. Retention of Title
Until full payment is received, the delivered goods remain the property of the seller.
8. Warranty and Guarantee
8.1. Warranty is provided according to legal regulations.
8.2. Guarantees only apply if explicitly stated for the respective product.
9. Liability
9.1. The following liability exclusions and limitations apply regardless of other legal requirements.
9.2. The seller is liable without limitation for damages caused intentionally or by gross negligence.
9.3. For slightly negligent breaches of essential contractual obligations, the seller is only liable for typical foreseeable damages. No liability for slightly negligent breaches of other obligations.
9.4. The above limitations do not apply in case of injury to life, body, or health, or in cases of fraudulent concealment, product defects, or if a guarantee is given.
9.5. These exclusions also apply to employees, representatives, and agents of the seller.
10. Right of Withdrawal
– Beginning of withdrawal instructions –
The customer may withdraw from the contract within 14 days of receipt by sending a written withdrawal notice. The date of dispatch is decisive. Return shipping must be proven. Shipping costs are borne by the customer.
If the product has been used or damaged, appropriate compensation (up to the value of the product) must be paid.
Send withdrawal to:
MCS GmbH & Co KG
Packerstraße 149a
8561 Söding – St. Johann
Tel: +43 (0)3135 555 77
rooms@soho-graz.at
https://sohoroomsalt.dev.devconnect.at
– End of withdrawal instructions –
The customer may also exercise the right of withdrawal by returning the goods within 14 days. Goods must be unused, undamaged, and sufficiently stamped. Only in the case of incorrect or defective delivery will the seller bear return shipping costs.
11. Exclusion of Right of Withdrawal
The right of withdrawal does not apply to goods made to customer specifications or clearly tailored to personal needs, or if the seal is broken.
12. Returns
12.1. Customers are asked to notify returns in advance (rooms@soho-graz.at or Tel: +43 (0)3135 555 77).
12.2. Returns should be sent as stamped packages and proof of posting retained.
12.3. To avoid damage, goods should be returned in original packaging with all accessories or suitable packaging.
12.4. These return conditions are not a prerequisite for valid withdrawal under section 10.
13. Storage of the Contract Text
13.1. The seller stores the contract text of the order. The customer may print it before submitting via the browser’s print function.
13.2. The seller also sends an order confirmation with all order data and a copy of the terms and conditions via email.
14. Data Protection
14.1. The seller processes personal data in accordance with legal provisions.
14.2. Data provided for ordering is used only for contract execution and is not shared with third parties not involved in the process.
14.3. To offer Klarna payment options, we transmit personal data to Klarna for credit checks and personalization of payment methods.
14.4. Customers have the right to access, correction, blocking, and deletion of their data, unless legally required otherwise.
14.5. Further information is provided in the seller’s privacy policy.
15. Jurisdiction, Applicable Law, Contract Language
15.1. Jurisdiction and performance are governed by the seller’s location if the buyer is a merchant or public entity.
15.2. Austrian law applies. Mandatory consumer protection laws remain unaffected.
15.3. Contract language is German.