Terms and Conditions

I. General

1. These General Terms and Conditions of Sale apply to all inquiries or orders via the website www.danzz.at.
2. These Terms and Conditions of Sale apply to all offers and contracts relating to the sale and delivery of products by us. Consequently, you agree to these Terms and Conditions of Purchase when you place an order via the website or accept an offer from us. Deviations from these Terms and Conditions of Purchase require our written consent.
3. Where “consumers” are referred to in these Terms and Conditions, these are natural persons who enter into a legal transaction for purposes that are not part of their business operations. “Entrepreneurs,” on the other hand, are natural or legal persons or partnerships with legal capacity for whom the transaction is part of their business operations. The distinction between consumers and entrepreneurs is made in accordance with the Austrian Consumer Protection Act (KschG). “Customers” within the meaning of these Terms and Conditions include both consumers and businesses.
4. Acceptance of the General Terms and Conditions by the customer is voluntary, but nevertheless necessary to place an order.
5. Orders can only be accepted from customers who have reached the age of 18.
6. The contract language is German.
7. You agree that contract-related communication may take place electronically.
8. The use of the online store, in particular the use of electronic services and the conclusion of purchase contracts, is possible if the end devices and ICT system used by the customer meet the technical requirements. The seller may temporarily deactivate some of the functions of the online store for technical reasons, but not longer than 48 hours, in order to improve it, add services, or perform maintenance. The seller will endeavor to inform you about technical disruptions by posting a corresponding notice on the homepage of the online store.

II. Electronic Services

1. The Seller provides the following electronic services to Customers free of charge via the Online Store:
   1. Account;
   2. the ability for Customers to place orders and conclude purchase agreements in accordance with the terms and conditions specified in these Terms and Conditions;
   3. the ability to use a shopping cart;
   4. Newsletter
   5. Customer reviews
2. Use of the account is possible upon completion of the following steps by the Customer:
   1. Completion of the registration form and acceptance of the provisions of these Terms and Conditions,
   2. Clicking the “Register” button.
3. The following Customer data is required in the registration form: first and last name, email address, and a password to be defined separately.
4. The Service Agreement is concluded when the following conditions are met: (i) valid completion and acceptance of the registration form for creating an account by the Customer (transmission to the Seller), (ii) acceptance of the General Terms and Conditions, and (iii) confirmation of the conclusion of the Service Agreement by the Customer by clicking on the activation link sent by the Seller to the email address provided by the Customer during registration. The account is provided free of charge for an unlimited period of time.
5. The Seller may refuse to register an account if the Customer violates the provisions of paragraph 9 below.
6. Use of the shopping cart begins when the Customer places the first product in the shopping cart. The shopping cart is a one-time service provided free of charge and ends when the Customer places or no longer places an order through it. Depending on the available features, the shopping cart may store information about the products selected by the customer even after the end of the browsing session, but it does not guarantee that copies of the products selected by the customer will be available for later order placement.
7. To start the newsletter service, the customer must agree to receive commercial information and accept the terms and conditions of the newsletter service by checking the appropriate box or clicking the appropriate button, providing their email address in the appropriate field on the online store’s website, and then clicking the activation link sent to the specified email address (the time of initiation of the newsletter service).
8. As part of the seller’s online presence, customers have the opportunity to rate the services and products offered by the seller. The seller is generally not responsible for the content of the customer’s ratings. The customer undertakes not to publish any reviews that are unlawful, violate laws or official regulations, or infringe the rights of third parties. The Seller verifies reviews using the email address used when placing the order or linked to the User’s account.
9. In particular, the Customer is obliged to:
   1. provide only true, current, and all necessary Customer data in the order and in the Account, and in the event of any changes to this data, to promptly update the data, including personal data, that the Customer provided to the Seller in connection with the conclusion of the Purchase Agreement or the use of the Electronic Services;
   2. use the Electronic Services in a manner that does not disrupt the functioning of the Seller and the Online Store;
   3. use the Electronic Services in a manner that complies with statutory laws, the provisions of the General Terms and Conditions, and with the customs and rules of social coexistence accepted in the respective area;
   4. keep the login and password confidential and, in particular, not disclose them to unauthorized persons. In particular, the Seller shall not be liable for any loss of data or access to data stored in the account resulting from a breach of the above-mentioned obligation by the Customer;
10. The Seller may terminate the Service Agreement for the following valid reasons:
    1. The manner in which the electronic services are used is contrary to the rules and purpose of the online store;
    2. The Customer’s activity violates common decency, incites violence or commits a crime, and violates the rights of third parties;
    3. The Customer violates the provisions of Article II, paragraph 9 of the General Terms and Conditions.
11. Notice of termination of the Service Agreement by the Seller must be sent to the email address provided by the Customer.
12. The notice period for both parties is 14 days. Termination of the Service Agreement by either party is tantamount to deletion of the account.

III. Conclusion of Contract

1. The presentation of the products in our online shop does not constitute a legally binding offer, but merely a non-binding online catalog.
2. All offers of goods presented by us are subject to change – including pricing – and merely represent non-binding invitations to the customer to submit a purchase offer.
3. An order can be placed using a form available in the shop. Orders can be placed after registering an account in the shop or without registering an account.
4. By clicking the “Add to Cart” button, you can place the respective item in the virtual shopping cart. The selected items are collected in the shopping cart. This process is non-binding and does not constitute a contractual offer.
5. In the shopping cart, you can check and correct the number of selected items, remove individual items from the shopping cart, or add additional items using the “Continue Shopping” button. By clicking the “Proceed to Checkout” button, you will be guided through further steps to access your existing registration or enter your data. You (1) can then enter a different delivery address, (2) can select one of the payment methods offered to you, (3) will be asked to agree to the General Terms and Conditions and the applicable privacy policy, and (4) will be asked to review your information and correct it if necessary before submitting your order.
6. By clicking the “Order with payment” button at the end of the ordering process, you submit a binding contractual declaration to conclude a purchase contract for the products in your shopping cart. You are bound to your contractual offer for a maximum of 5 days.
7. Before submitting your binding order, you have the opportunity to review the accuracy of your information and correct it if necessary. We will confirm receipt of your order immediately after submission of the order by sending an automatic confirmation email. However, this email does not constitute a binding acceptance of the offer; it merely serves to inform you that the order has been transmitted correctly.
8. The customer is obligated to make an advance payment or pay for the entire order. After receipt of payment from the customer, DANZZ will process the order.
9. A contract is concluded when we accept your contractual offer within the binding period by sending an order confirmation.
10. Orders can be placed by email around the clock, every day of the week. Orders placed on Saturdays, Sundays, and public holidays will be processed on the first business day following the day on which the order was placed. The provisions of Section IV, paragraphs 8-9 of the Regulations apply accordingly to the conclusion of the purchase contract.
11. The conclusion of the purchase contract between DANZZ and the customer occurs by sending a notification of the start of the order to the email address provided in the customer’s return.
12. For orders placed by email, a deposit in the form of a regular transfer to the seller’s account number is required.
13. You can print or save the contract text before submitting the order. You can also archive your order data by either (1) downloading the Terms and Conditions and saving the data summarized on the last page of the order process in the online shop using your browser’s functions, or (2) waiting for the automatic order confirmation and the automatic contract confirmation, which we will also send to you by email after completing your order to the email address you provided. A separate retrieval of the contract text is not possible.
14. The contract language is exclusively German.

IV. Prices and Payment

1. The prices quoted are current prices, and the sales price stated on the date of the order is valid. Unless otherwise stated, all prices are cash prices including statutory sales tax. In the event of obvious pricing errors, DANZZ reserves the right to calculate the correct price in consultation with the customer.
2. Payment is made according to the payment method selected during the order process. Billing is in euros.

V. Terms of Payment

1. The seller provides the customer with various payment options for the purchase contract. The available payment methods are presented to the customer on the online shop website and when placing an order.
2. 1. Payment by credit card/debit card.
   2. Payment via PayPal.
   3. Payment via Klarna
   4. Payment in advance.
3. If you choose to pay by credit card, a (pre-authorized) reservation of the amount will be made upon completion of the order. Your credit card account will be debited shortly after the order is completed.
4. If you pay using a payment method offered by PayPal, payment processing will be carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.
5. When paying using a payment method offered by Klarna, payment processing is carried out via the payment service provider Klarna Bank AB (publ). Sveavägen 46, 111 34 Stockholm.
6. If you choose to pay in advance, the purchase price is due immediately. You will receive the transfer details immediately after receiving your order. Delivery times are based on receipt of payment. For advance payment, delivery times may therefore vary depending on the availability of the ordered item at the time of payment.
7. All special offers valid in the online shop cannot be combined unless otherwise stated in the offer terms.
8. You agree that invoices and credit notes will be sent exclusively electronically.

VI. Retention of Title

1. The delivered goods remain the property of DANZZ until full payment has been made.

VII. Delivery

1. The available delivery methods for the product are presented to the customer on the online store’s website and when the customer places their order.
2. The product will be delivered to the address provided by the customer when placing the order.
3. Delivery takes place within Austria. Delivery takes place within the delivery period specified for the respective product.
4. The delivery time will be extended appropriately if circumstances beyond our control impair delivery.
5. If delivery to you is not possible because you cannot be found at the delivery address you provided, even though you were notified of the delivery time with reasonable notice, you will bear the costs of redelivery. The customer is obliged to point out any special circumstances that may complicate delivery via the usual access routes (the inaccessibility of the delivery location by truck or structural restrictions due to entrances or stairwells). If the customer violates their duty to provide information, they must reimburse DANZZ for any additional costs incurred.
6. For consumers, the risk of accidental loss and accidental deterioration of the sold goods passes upon delivery of the goods to the consumer or a recipient designated by them. Delivery is deemed equivalent to delivery if the buyer is in default of acceptance. Otherwise, the risk of accidental loss and accidental deterioration of the goods passes to the buyer upon delivery, or in the case of mail-order sales, upon delivery of the goods to the freight forwarder or the person or institution otherwise designated to carry out the shipment.
7. DANZZ offers a furniture relocation service for customers.
8. Assembly of the furniture is not included in the price. DANZZ does not offer a furniture assembly service, but does provide assembly instructions.

VIII. Withdrawal Policy

Right of withdrawal for consumers within the meaning of the Consumer Protection Act (KSchG)

1. 1Consumers are entitled to a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that are not part of their business.
2. You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the last goods.
3. To exercise your right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous declaration (e.g., a letter sent by post, fax, or email).
   DANZZ Spółka z ograniczoną odpowiedzialnością, ul. Techniczna 19, 37-600 Lubaczów (Poland) or by email to info@danzz.at. You can use the withdrawal form for this purpose, but it is not mandatory.
4. The seller asks you to provide the order or invoice number in your withdrawal notice, if possible – this may expedite the processing of your withdrawal notice.
5. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
6. In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded.
7. Consequences of withdrawal:
   1. If you withdraw from this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
   2. You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us of your withdrawal from this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. The consumer shall return the product to the following address: DANZZ Spółka z ograniczoną odpowiedzialnością, ul. Techniczna 19, 37-600 Lubaczów (Poland).
   3. The consumer shall bear the direct costs of returning the product in the event of withdrawal from the contract, i.e., in particular, the costs of packaging, protection, and shipping the product.
   4. You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary to check their quality, properties, and functioning.
   5. The consumer does not have the right of withdrawal from contracts for:
      – Goods manufactured according to customer specifications or clearly tailored to personal needs (e.g., purchase of a product together with an additional service that includes customization of the product according to the data/parameters provided by the consumer). – for the delivery of goods if, due to their nature, they have been inseparably mixed with other goods after delivery.
8. The consumer’s withdrawal from the contract for the additional service does not result in withdrawal from the concluded purchase contract. The consumer’s withdrawal from the purchase contract results in the termination of the contract relating to the additional service, unless the contract relating to the additional service has already been fulfilled. The consumer is not entitled to withdraw from a distance contract concluded with the seller where the subject of the service is a non-prefabricated product manufactured according to the consumer’s specifications or designed to meet the consumer’s individual needs (e.g., purchase of the product in combination with an additional service that involves customizing the product according to the data/parameters provided by the consumer).

IX. Warranty

1. Your warranty claims are governed by statutory provisions.
2. Within the first two years after purchase from DANZZ, you have a statutory warranty claim for the ordered goods from the date of delivery.
3. Any warranty provided by a third party (manufacturer, importer, etc.) can be found in the product description enclosed with the goods. This does not limit DANZZ’s statutory warranty obligations.
4. Warranty claims can be submitted by the customer, for example, in writing to: DANZZ Spółka z ograniczoną odpowiedzialnością, ul. Techniczna 19, 37-600 Lubaczów (Poland) or by email to info@danzz.at.
5. The seller undertakes to examine each complaint within 14 days.

X. Liability

1. We are liable to you in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of wasted expenses, as well as in cases where we have provided you with a guarantee.
2. In other cases, unless otherwise agreed, we are only liable for breach of a contractual obligation whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance you as a customer can regularly rely (so-called cardinal obligation), and this is limited to compensation for foreseeable and typical damages. In all other cases, our liability is excluded, subject to the provisions in Section 3.
3. Our liability for damages resulting from injury to life, body, or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
4. In all other cases, the statutory liability for defects applies.

XI. Force Majeure

1. The parties shall not be liable if they are unable to fulfill their obligations at all or only partially due to an unforeseen event or an event deemed to be force majeure; this includes, but is not limited to: floods, fire, severe weather, raw material shortages, transport strikes, partial or total strikes, or lockouts. The party affected by such events must notify the other party immediately, but no later than five (5) working days after the occurrence of the event.
2. The parties agree to coordinate as soon as possible how the order should be processed while the force majeure continues.

XII. Alternative Dispute Resolution

1. The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr .
2. This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.
3. The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

4. We would like to point out that, in accordance with Regulation (EU) 2024/3228 of the European Parliament and of the Council of December 19, 2024, the option of submitting complaints via the online dispute resolution system (ODR) is available to March 20, 2025 and the ODR platform will be shut down by July 20, 2025.

5. Reporting illegal content:
   Anyone can report content they consider illegal by email to info@danzz.de. Upon receipt of the report, the seller undertakes to review it within 14 calendar days and to inform the reporter(s) of the decision. In the event of a rejection of the report, the seller shall allow the filing of a reasoned appeal against the decision.

XIII. Applicable Law

1. For all legal transactions, the application of Austrian law is agreed, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict of laws rules of Austrian private international law.
2. For contracts with consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

XIV. Final Provisions

1. The website and all its contents (including graphics, editorial content, documents, and descriptions of products and services) are the intellectual property of DANZZ and/or third parties. The website and its contents are protected by intellectual property rights in accordance with applicable law. Only the display of the website and subpages, as well as printing on paper for the customer’s personal use, is permitted. The complete or partial reproduction of the database or its contents for purposes other than purely personal use by the customer is prohibited.
2. Changes and additions to the General Terms and Conditions must be in writing to be effective.
3. Should individual provisions of the contract, including these regulations, be or become invalid in whole or in part, or should the contract contain an unforeseen gap, the validity of the remaining provisions or parts of such provisions shall remain unaffected. The invalid or missing provisions shall be replaced by the respective statutory provisions.