General Terms and Conditions for Online-Sales

Scope of Supply
These General Terms and Conditions apply to all online orders placed with the Motmot Shop (Mag. Anna Breitenberger, MA Kirchengasse 36/8 A-1070 Vienna, Austria)
Our deliveries, services and offers are based on these General Terms and Conditions. The inclusion of general terms and conditions of a customer that contradict our General Terms and Conditions is hereby already objected to.
You can retrieve and print the currently valid General Terms and Conditions by contacting us by e-mail. 


Conclusion of Contract
The presentation of goods in the online store does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online store. By clicking the button "buy" you make a binding offer to purchase the goods. Immediately before submitting this order, you can check the order again and correct it if necessary.
After receipt of the purchase offer, you will receive a conformation of receipt. This confirmation of receipt does not constitute an acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.
A purchase contract for the goods shall only be concluded when we expressly declare acceptance of the purchase offer (order confirmation) or when we ship the goods to you - without prior express declaration of acceptance.
Prices
The prices stated on the product pages include the statutory value added tax and other price components and do not include the respective shipping costs. Further information on shipping costs can be found on our website under "Shipping”.
Terms of Payment
Online payment shall be made either by: Paypal or by Credit Card.
The selection of the respective available payment methods is incumbent upon us, we reserve the right to offer you only selected payment methods for payment, for example, to hedge our credit risk only prepayment.
When paying with PayPal, you will be redirected to the website of the online provider PayPal during the order process. In order to pay the invoice amount via PayPal, you must be registered, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction. You will receive further instructions during the order process. The payment transaction will be carried out automatically by PayPal immediately afterwards.

Delivery & Retention of Title
Unless otherwise agreed, the goods shall be delivered from our shop to the address specified by you. When “In Store Pick-up” or “Click and Collect” collection options are chosen, the burden of collection is placed upon the customer to collect their purchase in an agreed upon collection period. 

The goods remain our property until full payment of the purchase price.

By way of exception, we shall not be obliged to deliver the goods ordered if we have duly ordered the goods but have not received correct or timely delivery (congruent covering transaction). 
The prerequisite is that we are not responsible for the lack of availability of the goods and that we have informed you of this circumstance without delay. In addition, we must not have assumed the risk of procuring the ordered goods. In the case of corresponding unavailability of the goods, we will immediately reimburse you for any payments already made. We do not assume the risk of having to procure ordered goods This also applies to orders for goods that are only described in terms of their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers.
End of the Cancellation Policy
The right of revocation does not apply to 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 (e.g. custom T-shirts), - sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery, - goods if they have been inseparably mixed with other goods after delivery due to their nature, - sound or video recordings or computer software in a sealed package if the seal has been removed after delivery, - newspapers, journals or magazines with the exception of subscription contracts.
Please avoid damage and contamination. If possible, please return the goods to us in their original packaging with all accessories and with all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please provide adequate protection against transport damage with suitable packaging to avoid claims for damages due to inadequate packaging.
Transport damage
If goods are delivered with obvious transport damage, please complain about such defects immediately to the delivery agent and contact us as soon as possible. Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
Warranty
Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the law on sales.
This limitation shall not apply to claims based on damages resulting from injury to life, limb or health or from the breach of an essential contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligation) as well as to claims based on other damages resulting from an intentional or grossly negligent breach of duty by the user or his vicarious agents.
Liability
Unlimited liability: We shall be liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. We shall be liable for slight negligence in the event of damage resulting from injury to life, body and health of persons.
In all other respects, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the fulfillment of which you may regularly rely (cardinal obligation). The liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability shall also apply in favor of our vicarious agents.
Alternative Dispute Resolution
The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially resolve disputes in connection with your online order without the intervention of a court. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/. We will endeavor to settle any disagreements arising from our contract amicably. Beyond that, we are not obligated to participate in arbitration proceedings and unfortunately cannot offer you participation in such proceedings.
Final Provisions
Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.Contracts between you and us shall be governed exclusively by Austrian law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods. Mandatory provisions of the country in which you usually reside shall remain unaffected by the choice of law.