Table of contents:
Article 1 – Definitions
Article 2 – Identification of the Alexander Moser company
Article 3 – Scope
Article 4 – The offer
Article 5 – The Treaty
Article 6 – Right of withdrawal
Article 7 – Obligations of the consumer during the withdrawal period
Article 8 – Exercise of the right of withdrawal by the consumer and related costs
Article 9 – Obligations of Alexander Moser in case of revocation
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Conformity and additional guarantee
Article 13 – Delivery and execution
Article 14 – Payment
Article 15 – Complaints procedure
The following definitions apply in these General Terms and Conditions:
Article 1 – Definitions
Additional contract: A contract whereby the consumer purchases products, digital content and/or services under a distance contract and these products, digital content and/or services are provided by Alexander Moser or by a third party on the basis of an agreement between that third party and Alexander Moser.
Cooling-off period: the period within which the consumer can exercise his right of withdrawal
Consumer: the natural person who does not act for purposes that can be attributed to his or her trade, business, craft or profession
Day: Calendar day
Digital content: Data created and delivered in digital form.
Term contract: a contract for the regular delivery of goods, services and/or digital content over a specified period of time.
Durable medium: any medium, including email, that enables the consumer or trader to store information addressed personally to him or her in a way that allows future retrieval or use for a period appropriate to the purpose and that allows the unchanged reproduction of the stored information.
Right of withdrawal: the consumer’s right to withdraw from the distance contract within the cooling-off period.
Entrepreneur: the natural or legal person who offers products, access to digital content and/or services to consumers at a distance.
Distance contract: A contract concluded between Alexander Moser and the consumer within the framework of an organized system for the distance sale of products, digital content and/or services, whereby one or more means of distance communication are used exclusively or partially until the conclusion of the contract.
Model cancellation form: You can complete and submit the model cancellation form or another clearly worded declaration electronically via our website www.minicar-store.eu. If you make use of this option, we will immediately send you an acknowledgment of receipt of your cancellation on a durable medium (e.g., by email). The model form is not required if the consumer is not entitled to a right of cancellation with regard to their order.
Means of distance communication: A means that can be used to conclude a contract without the consumer and the trader being present at the same time.
Article 2 – Identification of the Alexander Moser company
Name of the entrepreneur: Alexander Moser
Trade name: Minicar-Store / Alexander Moser
Business address:
St. Margarethen 152h/1
AT-6220 Buch in Tyrol
Availability: Monday to Friday, 9:00 a.m. to 4:00 p.m.
Email: info@minicar-store.eu
VAT identification number: AT U59762466
Article 3 – Scope
These General Terms and Conditions apply to all offers of Alexander Moser and to all distance selling contracts between the entrepreneur and the consumer.
Before concluding the distance contract, the consumer will be provided with the text of these General Terms and Conditions. If this is not reasonable, Alexander Moser will inform the consumer about how the General Terms and Conditions are processed by Alexander Moser before concluding the distance contract. These will be available for inspection and will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, the text of these general terms and conditions may, by way of derogation from the previous paragraph, be made available to the consumer electronically before the conclusion of the distance contract in such a way that the consumer can easily store it on a durable medium. If this is not reasonable, the consumer will be informed before the conclusion of the distance contract where the general terms and conditions can be viewed electronically and that they can be made available electronically or on another device upon request.
If, in addition to these General Terms and Conditions, specific product or service conditions apply, paragraphs 2 and 3 shall apply accordingly. In the event of conflicting conditions, the consumer may always rely on the provision most favorable to him.
Article 4 – The offer
If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If Alexander Moser uses images, these represent a true representation of the products, services, and/or digital content offered. Obvious errors or mistakes in the offer are not binding for Alexander Moser.
Each offer contains sufficient information to clearly inform the consumer about the rights and obligations associated with accepting the offer.
Article 5 – The Treaty
Subject to the provisions of paragraph 4, the contract is concluded upon acceptance of the offer by the consumer and compliance with the conditions set out therein.
If the consumer has accepted the offer electronically, Alexander Moser will immediately confirm receipt of the offer acceptance electronically. As long as Alexander Moser has not confirmed receipt of this offer acceptance, the consumer may withdraw from the contract.
If the contract is concluded electronically, Alexander Moser will take appropriate technical and organizational measures to secure electronic data transmission and ensure a secure web environment. If the consumer can pay electronically, Alexander Moser will take appropriate security measures.
Within the framework of the statutory provisions, Alexander Moser may examine whether the consumer can meet their payment obligations, as well as all facts and factors relevant to the proper conclusion of the distance contract. If, based on this examination, Alexander Moser has valid reasons not to conclude the contract, it is entitled to reject an order or request, stating its reasons, or to impose special conditions for its execution.
Alexander Moser will provide the consumer with the following information in writing or in a form accessible to the consumer on a durable medium at the latest upon delivery of the product, service or digital content:
The address of the company Alexander Moser, where the consumer can submit complaints.
The conditions and the manner in which the consumer may exercise his right of withdrawal or a clear statement regarding the exclusion of the right of withdrawal.
Information about warranties and existing customer service.
The price of the product, service, or digital content, including all taxes. If applicable:
– the shipping costs and the method of payment, delivery or performance of the distance contract
– the conditions for termination of the contract if it has a term of more than one year or is for an indefinite period
– the withdrawal form, if the consumer has a right of withdrawal (available on the website).
In the case of long-term transactions, the provisions of the previous paragraph shall apply only to the first delivery.
Article 6 – Right of withdrawal
The consumer may withdraw from a contract for the purchase of a product within a 14-day withdrawal period without giving any reason. Alexander Moser may ask the consumer for the reason for withdrawal. However, the consumer is not obliged to state this reason(s).
The withdrawal period referred to in paragraph 1 shall begin on the day after the consumer or a third party other than the carrier designated by him has received the product, or:
- If the consumer has ordered multiple products in the same order: on the day on which the consumer or a third party designated by the consumer receives the last product. Alexander Moser may refuse an order for multiple products with different delivery times, provided the consumer has been clearly informed of this prior to the order process.
- where the delivery of a product consists of several shipments or parts: on the day on which the consumer or a third party designated by him receives the last shipment or part.
- for contracts for regular deliveries.
Delivery of products within a specified time: the day on which the consumer or a third party designated by him receives the first product.
Article 7 – Obligations of the consumer during the withdrawal period
During the withdrawal period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to establish the nature, characteristics, and functioning of the product. In principle, the consumer may only handle and inspect the product in the same way as they would be permitted to do in a store.
The consumer shall only be liable for any reduction in the value of the product resulting from handling of the product beyond the scope referred to in paragraph 1.
The consumer shall not be liable for any reduction in the value of the product if Alexander Moser has not provided him with all legally required information regarding the right of withdrawal before or at the time of conclusion of the contract.
Article 8 – Exercise of the right of withdrawal by the consumer and related costs
If the consumer exercises their right of withdrawal, they must notify Alexander Moser within the withdrawal period using the withdrawal form or by other unambiguous means. The following contact details apply.
As soon as possible, but no later than 14 days after the notification referred to in paragraph 1, the consumer must return the product or hand it over to (an authorized representative of) Alexander Moser. This is not required if Alexander Moser has offered to collect the product itself. The return period is deemed to have been met in any case if the consumer returns the product before the expiry of the withdrawal period.
The consumer must return the product with all supplied accessories, in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by Alexander Moser.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer shall bear the direct costs of returning the product. If Alexander Moser has not informed the consumer that these costs must be borne, or if Alexander Moser states that it will bear the costs itself, the consumer shall not bear the costs of returning the product.
The consumer shall not bear any costs for the full or partial delivery of digital content that is not supplied on a tangible medium if:
– he has not expressly agreed before delivery that the execution of the contract will begin before the expiry of the withdrawal period.
– he has not acknowledged that by giving his consent he loses his right of withdrawal.
– the company Alexander Moser has not confirmed this declaration by the consumer.
If the consumer exercises his right of withdrawal, all ancillary contracts automatically expire.
Article 9 – Obligations of Alexander Moser in case of revocation
If Alexander Moser offers the consumer the opportunity to notify the consumer of the cancellation electronically, it will send him a confirmation of receipt immediately after receiving this notification.
Alexander Moser will refund all payments, including any shipping costs charged by Alexander Moser for the returned product, promptly, but no later than 14 days after the consumer notifies Alexander Moser of this. This also applies to returns of the entire order. Unless Alexander Moser offers to collect the product itself, it may refuse to refund until it has received the product.
Alexander Moser will use the same payment method used by the consumer for the refund, unless the consumer agrees to a different payment method. The refund is free of charge for the consumer.
If the consumer has chosen a more expensive shipping method than the cheapest standard delivery, Alexander Moser is not obliged to reimburse the additional costs for the more expensive shipping method.
Article 10 – Exclusion of the right of withdrawal
Alexander Moser may exclude the following products and services from the right of withdrawal, provided that Alexander Moser has clearly stated this in the offer or at least in good time before the conclusion of the contract:
Products or services whose price is subject to fluctuations in the financial market over which Alexander Moser has no influence and which may occur within the withdrawal period.
Contracts concluded at a public auction. A public auction is defined as a sales method in which products, digital content, and/or services of Alexander Moser are offered to consumers who are present in person or have the opportunity to attend the auction in person under the supervision of an auctioneer, and in which the successful bidder is obligated to purchase the products, digital content, and/or services.
Products that are manufactured according to the consumer's specifications, which are not prefabricated and whose production is based on an individual choice or decision by the consumer or which are clearly intended for a specific person.
Products that spoil quickly or have a limited shelf life.
Sealed products which are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery.
Products which, by their nature, are irreversibly mixed with other products after delivery.
Alexander Moser does not accept returns of products that have been sprayed with spray paint unless otherwise agreed with Alexander Moser.
Alexander Moser does not accept returns of products that were specially ordered for the consumer unless otherwise agreed with Alexander Moser or the consumer was not informed that the product was specially ordered.
Article 11 – The price
During the period of validity specified in the offer, the prices of the products offered will not be increased, except for price changes due to changes in VAT rates.
Notwithstanding the above paragraph, Alexander Moser may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market over which Alexander Moser has no control. This freedom from fluctuation and the fact that the prices quoted are indicative prices will be stated in the offer.
Price increases within three months of the conclusion of the contract are only permissible if they result from statutory regulations or provisions.
Price increases from three months after conclusion of the contract are only permissible if Alexander Moser has agreed to this and:
– they arise from legal regulations or provisions;
– the consumer has the right to terminate the contract with effect from the date on which the price increase takes effect.
The prices for products or services stated in the offer are exclusive of and inclusive of VAT.
Article 12 – Performance of the contract and additional guarantee
Alexander Moser warrants that the products comply with the contract, the specifications stated in the offer, reasonable requirements of suitability and/or usability, and the legal provisions and/or official regulations applicable at the time of conclusion of the contract. If agreed, Alexander Moser also warrants that the product is suitable for purposes other than normal use.
Any additional guarantee provided by Alexander Moser, its supplier, manufacturer or importer shall in no event limit the statutory rights and claims that the consumer may assert against Alexander Moser in the event of non-fulfillment of its contractual obligations.
An extended warranty is defined as any obligation of Alexander Moser, its supplier, importer or manufacturer that grants the consumer certain rights or claims in the event of non-fulfillment of its contractual obligations, which go beyond its statutory obligations.
Article 13 – Delivery and execution
Alexander Moser will exercise the utmost care in accepting and executing product orders and in reviewing service requests.
The place of delivery is the address provided by the consumer to Alexander Moser.
Subject to the provisions of Article 4 of these General Terms and Conditions, Alexander Moser will ship orders received before 4:30 p.m. on working days on the next working day.
Unless a different delivery period has been agreed upon, delivery will take place after the consumer has given their consent. If delivery is delayed or an order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed as soon as possible after the order has been placed. In this case, the consumer has the right to terminate the contract free of charge.
Following termination in accordance with the previous paragraph, Alexander Moser will immediately refund the amount paid to the consumer.
The risk of damage and/or loss of the products remains with Alexander Moser until the moment of delivery to the consumer or a previously designated representative, unless expressly agreed otherwise.
Article 14 – Payment
For deliveries against advance payment, Alexander Moser will process the order on the day after the order amount has been received in full by Alexander Moser.
The consumer is obliged to immediately inform Alexander Moser of any inaccuracies in the payment details provided.
If the consumer fails to meet their payment obligations on time, they will owe statutory interest on the outstanding amount after the expiry of this 10-day period, following a reminder from Alexander Moser and a grant of a deadline of 10 days to fulfill their payment obligations. Alexander Moser is also entitled to charge the consumer for the extrajudicial collection costs incurred. These collection costs amount to a maximum of 25% of the outstanding amount up to €2,500, 15% of the excess amount of €2,500, and 10% of the excess amount of €5,000, but not less than €80. Alexander Moser may deviate from the above amounts and percentages to the benefit of the consumer.
Article 15 – Complaints procedure
Alexander Moser is available to process complaints during business hours Monday to Friday.
Alexander Moser always strives to resolve complaints as quickly and efficiently as possible.
The consumer must give Alexander Moser at least four weeks to resolve the complaint amicably. After this period, a dispute arises, which is subject to dispute resolution.