Terms and Conditions (AGB)
1. Scope
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) apply to the business relationships between T.O.P. The Original Perfumes GmbH, with its business address at Hauptstraße 18, A-3422 Hadersfeld near Vienna (hereinafter also referred to as “T.O.P.”) and its customers for orders placed through this online shop, in the version valid at the time of the conclusion of the contract.
1.2 These GTC can be accessed on the website www.dentasprint.com at any time and can be printed and saved using a web browser.
2. Registration on the Website, Website Access
2.1 Before the first order, the customer must register on the website. During registration, the customer chooses an access code and must keep it secret. The access code allows the customer to log in to the website and place orders.
2.2 The customer is solely responsible for keeping the access code confidential. T.O.P. can only verify whether an access code matches a properly activated customer authorization. T.O.P. is not obliged to perform any further verification.
2.3 Any person who logs in with a customer authorization released on the website and the corresponding access code is considered authorized to place orders legally binding for the customer.
2.4 T.O.P. reserves the right to reject or terminate new customer registrations or existing customer registrations without stating reasons.
2.5 T.O.P. is entitled to carry out work on the website www.dentasprint.com at any time – even without prior notice – that necessitates its shutdown. T.O.P. is also not obliged to provide a certain capacity of connection and server, so that overloads and longer response times cannot be excluded.
3. Conclusion of Contract
3.1 After successful registration and login, the customer can select products from the range on the website www.dentasprint.com and place them in a so-called shopping cart by clicking the “add to cart” button. In the shopping cart, the customer can select the delivery quantity of the desired goods and add or remove goods. The offers on the website are always non-binding. The customer’s order thus constitutes the offer in the legal sense. By clicking the “submit order” button, the customer makes a binding offer to purchase the goods in the shopping cart under the conditions listed there. Before submitting the order, the customer can view, change, and delete the data at any time. With the buttons “x” and “update cart,” the customer can empty the shopping cart.
3.2 T.O.P. sends the customer an automatic confirmation of receipt by email immediately after receipt of the order, listing the order again. The automatic confirmation of receipt does not constitute acceptance of the order.
3.3 The acceptance of the customer’s offer is made by T.O.P. either by a separate, written order confirmation sent by email or other electronic means within 3 days of receipt of the customer’s offer, or by delivery of the goods within 21 days of receipt of the order. T.O.P. is entitled to accept orders only in part or to reject them without stating reasons.
4. Prices, Delivery, and Shipping Costs
4.1 The prices listed on the website www.dentasprint.com are final prices; they include VAT at the statutory rate (currently 20%) and all other price components except shipping costs.
4.2 Shipping costs as stated on the website www.dentasprint.com apply to the shipment.
5. Payment Terms
5.1 The purchase price is due within 14 days after the conclusion of the contract (acceptance by T.O.P.). Payment is made using the payment method chosen by the customer when placing the order.
5.2 For credit card payments, the customer’s account is charged before the goods are shipped.
5.3 In case of late payment, the customer owes interest on arrears at the statutory rate (currently 4%).
6. Retention of Title
Until full payment has been made, the delivered goods remain the property of T.O.P.
7. Delivery and Availability of Goods
7.1 Delivery will be made – unless otherwise noted on the website for the product – within 21 days after receipt of payment by T.O.P. GmbH. The choice of carrier is at the sole discretion of T.O.P.; likewise, whether the order is executed in one or more deliveries. Any additional shipping costs arising from partial deliveries will be borne by T.O.P. – deliveries are made exclusively to delivery addresses within Austria and Germany.
7.2 The delivery period is extended by unavoidable events, such as force majeure, unforeseeable operational disruptions, official interventions, transport and customs delays, transport damage, and labor disputes, by the duration of the hindrance.
7.3 Delivery is made to the delivery address specified by the customer. Any costs due to incorrect delivery addresses provided by the customer or other misdeliveries caused by the customer are to be borne by the customer.
7.4 All information regarding availability, shipping, or delivery of a product is merely indicative and approximate. If the customer’s order cannot be executed – for whatever reason – in whole or in part, T.O.P. will inform the customer immediately. If T.O.P. is unable to deliver the ordered goods at all without fault of its own because the supplier of T.O.P. does not fulfill its contractual obligations, T.O.P. is entitled to withdraw from the contract with the customer. In this case, the customer will be informed immediately that the ordered product is not available. Any consideration already provided by the customer will be refunded immediately.
8. Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period is 14 days from the day you or a third party designated by you, who is not the carrier, have taken possession of the last goods.
To exercise your right of withdrawal, you must inform us [T.O.P. The Original Perfumes GmbH, Hauptstraße 18, A-3422 Hadersfeld near Vienna, email: info@dentasprint.com] by means of a clear statement (e.g., a letter sent by post or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, which is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send the communication regarding your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse you for all payments received from you, including delivery costs (except for additional costs arising from your choice of a delivery method other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You must send back or hand over the goods to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
Exclusion of the Right of Withdrawal
The right of withdrawal does not apply to distance contracts for the delivery of goods that are made to the customer’s specifications or are clearly tailored to personal needs or that are not suitable for return due to their nature or can spoil quickly or whose expiry date would be exceeded.
General Information
Please avoid damaging and contaminating the goods. If possible, return the goods in the original packaging with all accessories and all packaging components to us. Use a protective outer packaging if necessary. If you no longer have the original packaging, please provide suitable packaging for adequate protection against transport damage.
9. Warranty
9.1 The customer must check the delivered goods upon receipt for completeness, correctness, and other defects and notify T.O.P. of any defects immediately. A breach of this obligation does not restrict the customer’s statutory warranty rights.
9.2 In the event of a defect in the delivered goods, the statutory warranty provisions apply. The warranty period is 2 years from the delivery of the goods. No warranty is given for damages caused by improper use or handling of the goods. The same applies to normal wear and tear.
9.3 Any manufacturer warranties listed on the website are binding exclusively on the manufacturer. T.O.P. does not assume any warranty of its own.
9.4 The product images may differ in terms of color and size from the appearance of the delivered products due to the resolution and size of the photos. The delivered goods are considered contract-compliant if the delivered items match the specified product description.
10. Liability
T.O.P. is liable for damages according to statutory provisions. However, liability for slight negligence is excluded. This limitation of liability does not apply to damages resulting from injury to life, body, or health and to claims under the Product Liability Act.
11. Data Protection and Consent Declaration
11.1 The personal data provided by the customer to T.O.P. in the context of the business relationship, such as name, address, email address, telephone number, and delivery address (hereinafter “data”), are stored and processed by T.O.P. T.O.P. uses the data within the scope of the statutory authorization to execute the order.
11.2 Additionally, the customer consents in accordance with § 107 TKG to the use of the data for marketing purposes by T.O.P., in particular to the sending of advertising messages by email. This consent to the use of the data for T.O.P.’s own marketing purposes can be revoked by the customer at any time by email to info@dentasprint.com or by letter to the address specified in point 8.
11.3 The data is processed and used for the establishment, execution, and handling of the contracts concluded via the website, as well as for the purpose of future customer support and customer care (marketing). Personal data is only passed on to third parties within the framework of purchase processing to the companies responsible for payment and delivery of the goods (credit card companies, PayPal, freight forwarders, etc.). Personal data is not passed on to third parties beyond this.
More information on data protection in the context of this website and the DentaSprint webshop can be found here: Privacy Policy
12. Miscellaneous
12.1 Austrian law applies to the exclusion of the provisions of the UN Sales Convention. For consumers, this choice of law only applies to the extent that mandatory provisions of the law of the state in which they have their habitual residence are not displaced.
12.2 If individual provisions of the contract concluded with the customer or individual points of these GTC are or become invalid, this does not affect the validity of the remaining provisions and the contracts concluded on the basis thereof.
