Terms and Conditions
1. Scope
All products in our online shop www.dp-uni.ac.at and contracts concluded via this online shop are subject to exclusively these General Terms and Conditions in their applicable version at the time the order was made. Any deviating terms and conditions on the part of the customer are not applicable unless we have expressed our consent in writing. These Terms and Conditions apply to B2C and B2B services. If there are any binding legal provisions, especially the Consumer Protection Law, that contradict these Terms and Conditions, the binding provisions apply.
2. Contract partners
By making your purchase at www.dp-uni.ac.at, you are concluding a contract with:
Danube Dental Service GmbH
CR 368049z
Steiner Landstrasse 124
3500 Krems an der Donau
Austria
Tel.: +43 676/84 24 19 314 or +43 676/84 24 19 346
Email: danube.dental.service@dp-uni.ac.at
IBAN: AT39 1200 0516 0840 0652 BIC: BKAUATWW
Hereinafter referred to as “DDS” or “We”.
3. Offer and conclusion of contract
3.1 All offers in our online shop are non-binding.
3.2 You may make a purchase from our webshop as a “guest” without registering for a user account. You may also register for a user account, which will make our webshop easier for you to use.
3.3 Our webshop will take you through each step of your order until purchase is complete. When you have selected the desired product, you can add this to the basket. This step is non-binding. The contents of the basket can be viewed at any time by clicking on the link “Basket”. You can remove all products added to the basket by clicking “remove” or setting the quantity to 0. To buy the products added to your basket, click on the “Checkout” button.
If you have not yet logged in, please click “Log in”. Alternatively, you can make your purchase as a “Guest”. You must also enter a valid email address that you are authorised to use.
When you have entered your details and selected your delivery method and payment type, click on “Verify order” to view your order summary and check your details. You can change your details by clicking on the “Back” button. The order process can be stopped at any time by closing the browser.
3.4 By clicking on “Make payment”, you are making a binding offer to conclude a purchase contract with us. We are under no obligation to accept this offer. You are bound to your offer for two working days subject to a legal right of withdrawal.
3.5 We will confirm receipt of your offer by sending an automatic email to the address you have provided (“Order confirmation”). This email is not an acceptance of your offer. Please check your order details in the order confirmation. If you find a mistake or change your mind about the order, please let us know as soon as possible.
3.6 We can accept your offer by either confirming the purchase in a further email (Acceptance of order) or by sending you the purchased product(s).
4. Terms of delivery and delivery periods
4.1 We currently deliver exclusively to customers in Austria, Germany and the other EU countries listed on the subpage https://dp-uni.ac.at/de/shop/lieferung.
4.2 The delivery periods listed in the online shop on the subpage “Shipping costs and terms of delivery” apply. These are approximations. If there are different delivery periods for a specific product, these are listed on the product page.
4.3 We reserve the right to carry out the order in partial deliveries, even if the customer has not requested this. In such cases, we will bear all additional shipping costs that may arise.
If we are unable to adhere to the delivery periods due to force majeure (e.g. strikes, natural disasters) or for any other reason that has not been caused by us, we will inform you of this as soon as possible. The delivery period will be extended by the duration of these events.
5. Prices, shipping costs, payment terms
5.1 The prices listed in our online shop are in EUR and include all taxes, but not shipping costs. Orders are currently shipped by Österreichische Post Aktiengesellschaft, CR 180219d, Rochusplatz 1, 1030 Vienna, Austria and at the customer's expense. You can find the shipping costs on the subpage “Shipping costs and Delivery terms”. The amounts listed at the time of order are applicable. We will inform you again of the prices, taxes and shipping costs in the order summary before the order is concluded.
5.2 The listed prices do not include costs for assembly or installation.
5.3 The payment methods accepted in our online shop are listed on the subpage https://dp-uni.ac.at/de/shop/sichere-zahlung, where you can find all the details on the associated payment terms and any possible fees.
5.4 Provided we have not agreed anything different with you, the purchase price must be paid in full before delivery of the ordered product. If you delay payment, we reserve the right to charge statutory default interest. This is 4 % p.a. of the key interest rate for consumers and 9.2% for businesses.
5.5 In the case of business-to-business transactions, DDS has the right to increase the purchase price due to a general external price increase that is out of the control of DDS (such as exchange rate fluctuations, currency regulations, changes to customs duties, significant changes to the cost of materials, energy or raw materials, salary changes or taxes). DDS must inform the customer of a price increase in writing. If the increase amounts to more than 5%, the customer may advise of their withdrawal from the contract within 14 days in writing unless the price increase is due to an increase in VAT or other legal provisions. If the customer does not withdraw from the contract within 14 days, the increased purchase price is the agreed price.
6. Reservation of proprietary rights
All products delivered by us will remain the property of DDS until full payment.
7. Right of withdrawal and right of cancellation (hereinafter both referred to as “Right of withdrawal”) of the consumer
7.1 You have the right to withdraw your contract declaration or a contract that has already been concluded within 14 days without stating reasons. The withdrawal period is 14 days from the day on which you or a third party named by you that is not the carrier has taken ownership of the products. If you have ordered the products as one order and these products are delivered separately, the withdrawal period begins on the day on which you or a third person named by you who is not the carrier has taken ownership of the last goods to be delivered. If we have not fulfilled our information obligation to you regarding the existence of your right of withdrawal (conditions, periods and procedures for exercising this right), the withdrawal period will be extended by twelve months. If we then provide this information within twelve months after ownership has been taken of the products or, in the case of separate delivery, of the last products to be delivered, the withdrawal period will end 14 days after you receive this information.
In order to practice this right of withdrawal, you must inform us:
Danube Dental Service GmbH
CR 368049z
Steiner Landstrasse 124
3500 Krems an der Donau
Austria
Tel.: +43 676/84 24 19 314 or +43 676/84 24 19 346
Email: danube.dental.service@dp-uni.ac.at
by sending us a clear declaration (e.g. by sending a letter through the post or by email) of your decision to withdraw from this contract. You may use the template withdrawal form to do so, but this is not a requirement. In order to adhere to the withdrawal period, all you need to do is send notification of your exercise of your right of withdrawal within the withdrawal period.
Consequences of withdrawal
If you withdraw your contract declaration or an already concluded contract, we must reimburse all payments that we have received from you including delivery costs (except for any additional costs that may have been incurred if you chose a different delivery type to the cheapest, standard delivery type offered by us) without delay and no later than within 14 days after the day on which we received notification of your withdrawal from this contract. In order to make this repayment, we will use the same payment method that you used for the original transaction unless a different method has been expressly agreed upon with you. Under no circumstances will you be charged for this repayment. We may refuse to make repayment until we have received the returned products or until you have provided evidence that that you have sent back the products, depending on which is sooner.
You must return the product immediately and no later than within 14 days from the day on which you informed us of the withdrawal from this contract to
Danube Dental Service GmbH
CR 368049z
Steiner Landstrasse 124
Austria
3500 Krems an der Donau
Tel.: +43 676/84 24 19 314 or +43 676/84 24 19 346
Email: danube.dental.service@dp-uni.ac.at
The deadline is met if you send the products before expiry of the 14-day period. You must pay for the immediate costs of returning the products. The costs are estimated to be no higher than approximately:
Shipping costs within Austria : EUR 7.50
Shipping costs outside of Austria (EU): EUR 18.50
You must only pay for any loss in value of the products if the loss in value is due to handling of the product that is not necessary for checking its quality, characteristics or function.
You have no right of withdrawal for contracts for
services if we – based on your express wish and confirmation of your knowledge of the loss of right of withdrawal once the contract has been fully performed – had begun carrying out the service before expiry of the withdrawal period and the service was then fully carried out;
products which are made according to customer specifications, or which are clearly tailored to personal requirements;
products which can expire quickly or the expiry date of which can be quickly exceeded;
products which are delivered sealed, and their seal was removed after delivery, making them unsuitable for returning for health and hygiene reasons;
audio or video recordings or computer software that is delivered in sealed packaging if this seal was removed after delivery;
newspapers, magazines and illustrated publications with the exception of subscription contracts for the delivery of such publications.
End of instructions regarding right of withdrawal.
8. Right of return and exchange
8.1 Returns
The customer has the right to return products in their original packaging within 14 days after receipt of delivery. Customers shall pay the cost of returns. The product(s) must be returned in their original, unopened packaging by post (the date that counts is the day that it arrives at DDS) with the fully completed returns form https://dp-uni.ac.at/database/2023040608120059063.pdf or, if you are a registered customer, following the steps outlined in the customer account at https://dp-uni.ac.at/de/shop/bestellung-rueckversand. Returns without a completed returns form and returns without the right information entered in the customer account will be immediately sent back to the customer at their expense.
When we have received your package, we will send you a confirmation. When this has been successfully processed, you will be reimbursed the amount you paid via the payment method you originally selected.
Consumer products such as books, data carriers and similar are excluded from return.
8.2 Exchange
The customer has the right to exchange products in their original packaging and clothing at least in its original, undamaged condition, within 14 days after receipt of delivery. The right of exchange only applies to unworn, unwashed and undamaged products from which the label has not been removed. Customers shall pay both the costs for returning the original products and the costs for sending replacements. The product(s) must be sent by post in their original unopened packaging and clothing must be in at least undamaged, unworn, unwashed, and in its original condition (with the label still attached) and sent (the date that counts is the day that it arrives at DDS) with the fully completed returns form https://dp-uni.ac.at/database/2023040608120059063.pdf or, if you are a registered customer, following the steps outlined in the customer account https://dp-uni.ac.at/de/shop/bestellung-rueckversand. Returns without a completed returns form and returns without the right information entered in the customer account will be immediately sent back to the customer at their expense.
Products can only be exchanged for the same product(s) in a different size. It is not possible to exchange a product for one in a different colour or for a different product. Products may be exchanged for the same product in a different size one time only.
Consumer products such as books, data carriers and similar are excluded from exchange.
9. Warranty and liability
9.1 Warranty is governed by the statutory provisions.
9.2 We are only liable for damage caused by us or our subcontractors through intention or gross negligence. This does not apply to liability for personal injury or claims under the Product Liability Act.
9.3 In the case of business-to-business transactions, reimbursement of consequential damages and loss of profit is excluded. This does not apply to consumer transactions.
10. Notification of defects for business-to-business transactions
10. In the case of business-to-business transactions, the customer must examine the products within an appropriate period of time and notify us of any defects without delay, no later than within seven working days after delivery. If we are not notified of any defects or have not been notified within the given period, the products are deemed accepted.
10.2 For business-to-business transactions, minimal deviations of the delivery from the order that are acceptable to the customer are deemed accepted from the outset.
10.3 If the notification of defects is justified and has been submitted on time, DDS has the option of improving or exchanging the products within a reasonable period of time.
11. Data protection
11.1 The data of customers and users collected by us is processed by us or by a third party we have commissioned exclusively to fulfil the purpose of use.
11.2 Information on the processing of personal data in connection with the concrete contractual relationship and the webshop is available at https://dp-uni.ac.at/de/meta/datenschutz.
12. User account
12.1 In accordance with point 3.2, you may place orders as a “Guest” or via your user account once you have registered as a “User” after the order process. We reserve the right to reject a registration without giving a reason for doing do.
12.2 You must ensure that all the requested information you enter as part of the registration process is accurate and complete. You may not enter a post office box as an address. We are entitled but not obligated to request evidence. You must update any changes to your data immediately on your account management page. You are liable to us for any disadvantages that we may suffer as a result of incorrect information. In this case, we also reserve the right to freeze or terminate your account without giving notice. You cannot derive any claims from this.
12.3 Your password must be at least eight characters long and contain at least one capital letter, one lowercase letter, one number and one special character. The username you have chosen should not infringe upon third-party rights (e.g. brands, businesses, names), refer to characteristics of third parties, or contain advertising messages or any misleading information (e.g. regarding the legal form or headquarters).
12.4 You must keep your login details (username and password) secret and protect them from access from unauthorised third parties. If you suspect that an unauthorised third party knows your login details, please notify us immediately and change your password. In this case, we reserve the right to temporarily block your account in order to prevent misuse.
12.5 The contract on the use of your customer account is concluded for an indefinite period of time.
12.6 You can terminate the contract at any time in writing. If you want to delete your user account, please send us an email to danube.dental.service@dp-uni.ac.at. We will delete your user account within seven working days after receipt of your email.
12.7 We reserve the right to terminate the contract for your user account with a notice period of one month as at the end of the month. You will be notified of this by an email sent to the email address you have provided. This does not affect our right to terminate this contract at any time without notice if there is a good reason for doing so. If you have entered incorrect information (name, address, etc.) for your user account, or have made your user account available to third parties, or if you have violated any other contractual obligation, these may constitute important reasons that give us the right to terminate the contract without notice. In the aforementioned cases, we also reserve the right to warn you and/or temporarily block your account without prior notification. You cannot derive any claims from this. If your account has been blocked, you will also be requested to remedy the breach within a reasonable period of time.
13. Final provisions
13.1 The place of performance is the headquarters of our company.
13.2 All contracts concluded in our online shop are exclusively subject to Austrian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the conflict-of-law rules of private international law..
13.3 The contractual language is German. Versions of these terms and conditions in other languages only serve as guidance. Only the German version is definitive.
13.4 The text of the contract will not be saved. We recommend that you archive our order confirmation and the attached Terms and Conditions.
13.5 The responsible consumer arbitration bodies for transactions carried out via our webshop are:
Internet Ombudsperson
c/o Österreichisches Institut für angewandte Telekommunikation (ÖIAT)
Ungargasse 64-66/3/404
1030 Vienna
Austria
Tel.: +43 1 595 211 275
Fax: +43 1 59521
Email: kontakt@ombudsstelle.at
Association “Schlichtung für Verbrauchergeschäfte”
Mariahilfer Strasse 103/1/18, 1060 Vienna, Austria
Tel.: +43 (0)1 890 63 11
Fax: +43 (0)1 890 63 11 99
office@verbraucherschlichtung.at
ZVR (Central Association Register) number: 475 536 813
We decide on whether we will take place in an arbitration procedure on a case-by-case basis.
13.6 The European Commission has set up a platform for online customer dispute resolution (OS Platform). This enables customers to resolve disputes in connection with their online purchases first, without taking the case to court. The dispute resolution platform can be accessed at https://ec.europa.eu/odr. You can also take your complaints directly to us at the following email address: danube.dental.service@dp-uni.ac.at.
13.7 Krems an der Donau is the sole place of jurisdiction. For complaints against consumers, section 14 of the Austrian Consumer Protection Law applies.