Terms of service
1. Scope
1.1. These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts concluded between a consumer (hereinafter referred to as "Customer") and PATAAKA GmbH, Untersbergstraße 104, 5084 Großgmain, registered with the commercial register of the Salzburg Regional Court under FN 614474p (hereinafter referred to as "Seller") via the Seller's online shop at www.pataaka.at (hereinafter referred to as "PATAAKA online shop") in the version valid at the time of the contract conclusion.
1.2. Customers within the meaning of these GTC are exclusively consumers within the meaning of § 1 para. 1 no. 2 of the Austrian Consumer Protection Act.
2. Order and conclusion of contract
2.1. The presentation of the products in the PATAAKA online shop does not constitute a binding offer by the Seller to conclude a purchase contract. The Customer is merely invited to submit an offer by placing an order.
2.2. Customers can log in to the Seller's website with their user account or order as a guest. The order process is as follows: (i) the Customer selects the desired products in the PATAAKA online shop and places them in the electronic shopping basket by clicking on the "add to basket" button; (ii) after clicking on the "checkout" button, the Customer provides the required delivery data (first name, surname, billing and delivery address, e-mail address) and selects the desired payment method. If Customers with a user account log in at this step, the stored billing and delivery address is suggested but can be changed by the Customer; (iii) by clicking on the respective checkboxes, the Customer accepts the GTC and confirms reading the privacy policy; (iv) By clicking on the "Order with obligation to pay" button, the order process is completed, and the Customer submits a binding offer for the products in the shopping basket. The Customer can check and correct the products and data entered until clicking on the "Order with obligation to pay" button.
2.3. The Seller confirms receipt of the Customer's order by sending a confirmation e-mail. This order confirmation contains the GTC in the current version, the sample cancellation form as well as an overview of the products ordered; this does not constitute acceptance of the contract offer by the Seller. It merely serves to inform the Customer that the order has been received by the Seller. Acceptance of the contact offer is declared either by delivery of the products or an express declaration of acceptance.
3. Prices, delivery costs and terms of payment
3.1. The prices listed for the individual items in the PATAAKA online shop apply at the time of the order. All prices include VAT plus delivery costs.
3.2. Payments are processed via Shopify International Limited, 2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland, offering the following payment options: Visa, Mastercard, Maestro, American Express, UnionPay debit, credit cards, PayPal, Apple Pay, Google Pay, Shop Pay, Klarna Pay Now, Klarna Pay Later and Electronic Payment Standard (EPS). To process payments, Shopify International Limited may use the services of third-party payment service providers, for which special payment conditions may apply, to which the customer will be separately informed in this case. Individual payment methods require a successful credit check by Shopify International Limited.
3.3. The invoice will be sent to the Customer at the e-mail address specified in the order process in accordance with clause 2.2.
4. Delivery and delivery costs
4.1. The Seller delivers within the European Union.
4.2. Delivery takes place within 2 - 5 working days.
4.3. Delivery is carried out by DHL and/or Österreichische Post AG at the following delivery costs:
Austria: EUR 4.90 including VAT, free delivery for orders over EUR 300.00 (Österreichische Post AG)
Germany: EUR 5.90 including VAT, free delivery for orders over EUR 300.00 (Österreichische Post AG, delivery by DHL)
All other countries within the delivery area according to clause 4.1: EUR 9.90 including VAT, free delivery for orders over EUR 300.00 (DHL Express)
4.4. The delivery costs incurred are shown in the order process in accordance with clause 2.2.
5. Retention of title
5.1. All products are delivered by the Seller subject to retention of title and remain the property of the Seller until full payment has been made.
6. Right of cancellation
6.1. Right of cancellation: As a consumer, the Customer has the right to cancel this contract within fourteen days without giving any reason.
6.1.1. The cancellation period is fourteen days from the date on which the Customer or a third party named by the Customer, who is not the carrier, has taken possession of the products.
6.1.2. In the case of a contract for several products ordered in a single order and delivered separately, the cancellation period is fourteen days from the day on which the Customer or a third party named by the Customer, who is not the carrier, has taken possession of the last product.
6.2. There is no right of cancellation for products that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that the seal has been removed after delivery.
6.3. To exercise the right of cancellation, the Customer must contact
PATAAKA GmbH
Untersbergstraße 104
5084 Großgmain
E-mail: info@pataaka.at
with a clear declaration (e.g. letter sent by post or e-mail) of the decision to cancel this contract.
6.4. To meet the cancellation deadline, it is sufficient for the Customer to send the notification of the exercise of the right of cancellation before the cancellation period expires.
6.5. Consequences of cancellation: If the Customer cancels this contract, the Seller must refund the Customer all payments that the Seller has received from the Customer, including the delivery costs (with the exception of the additional costs resulting from the fact that the Customer has chosen a different type of delivery than the cheapest standard delivery offered by the Seller), immediately and at the latest within fourteen days from the day the Seller receives the Customer's notification of cancellation. The Seller will use the same payment method for the refund that the Customer has used for the original transaction, unless expressly agreed otherwise; in no case will the Customer be charged any fees for the refund.
6.6. The Seller may refuse to refund the Customer until the Seller has received the products back or until the Customer has provided proof that the Customer has returned the products, whichever is the earlier.
6.7. The Customer must return or hand over the products to the Seller immediately and in any case within fourteen days at the latest from the day on which the Customer informs the Seller of the cancellation of this contract. The deadline is met if the Customer dispatches the products before the period of fourteen days has expired.
6.8. The Customer shall bear the direct costs of returning the products. The Customer shall only be liable for any loss in value of the products if this loss in value is due to handling of the products that is not necessary for checking their condition, properties and functionality.
7. Warranty and compensation
7.1. If a delivered product is defective, the Customer has the right to assert warranty claims within the statutory warranty provisions.
7.2. If a product arrives in a damaged condition or the Customer wants to make a complaint, the Customer is asked to contact the Seller’s customer service as soon as possible (we.care@pataaka.at) by attaching images and the respective order number. The Seller will inform the Customer about the further procedure via e-mail.
7.3. All claims for damages are excluded in cases of slight negligence. This does not apply to personal injury or damage to items accepted for processing.
8. Imprint/Contact information
PATAAKA GmbH
Untersbergstraße 104
5084 Großgmain
Company register number: 614474p
Commercial Register Court: Salzburg Regional Court
E-mail: info@pataaka.at
UID number: ATU80046246
Member of the Salzburg Chamber of Commerce
Trade authority: District Authority Salzburg-Surroundings (Bezirkshauptmannschaft Salzburg-Umgebung)
9. Data protection
9.1. The Seller and the Customer are obliged to comply with the provisions of the Data Protection Act (DSG), the General Data Protection Regulation (GDPR) and any other statutory confidentiality obligations.
9.2. The Seller processes the personal data required for the purpose of contract fulfilment. The detailed data protection information (data protection notice) in accordance with Art 13 ff GDPR can be found here: www.pataaka.at/pages/privacy
10. Final provisions
10.1. The Customer may conclude the contract in German or English. The Customer can choose the desired language by selecting either the English or German language version of the Seller's website. The contract is concluded in the selected language.
10.2. The text of the contract will not be stored by the Seller.
10.3. This contract shall be governed by Austrian law to the exclusion of the conflict of laws rules of private international law and the UN Convention on Contracts for the International Sale of Goods. This choice of law applies only insofar as it does not restrict any mandatory statutory provisions of the country in which the Customer is domiciled or habitually resident.
10.4. The statutory places of jurisdiction shall apply.
10.5. Consumers have the option of submitting complaints to the EU's online dispute resolution platform: http://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage. Consumers can also submit their complaint directly to the Seller at the following e-mail address: info@pataaka.at
10.6. The Seller does not participate in dispute resolution proceedings before a Consumer Arbitration Board.
