General Terms & Conditions
GTC / AGB
Terms of Service
1.1 All deliveries and services of Madisma.shop shall be made exclusively on the basis of the following general terms and conditions in their version valid at the time of the order.
1.2 Entrepreneurs within the meaning of the terms and conditions of business are natural or legal persons or legal partnerships which, upon conclusion of the contract, act with Madisma.shop in the exercise of their commercial or independent professional activities.
1.3 Consumers within the meaning of the terms of business are natural persons who conclude contracts with Madisma.shop for a purpose which can not be attributed to their commercial or professional activities.
1.4 Customer in the sense of these terms of business are both consumers and entrepreneurs.
1.5 There are no supplementary agreements.
2 Conclusion, conclusion of the contract
2.1 The contract shall only be sent to you by e-mail after sending an order confirmation.
2.2 With your order, you submit a binding offer to Madisma.shop to close the contract with you. In the course of the order, you have the option "to revise and, if necessary, change all information (eg name, invoice, delivery address, method of payment, ordered item, etc.). The order is accepted by sending the order form to Madisma.shop by clicking on the button "Order". You will receive confirmation of receipt of your order. By sending the following confirmation of order, which you receive within 24 hours after the sending of your order, Madisma.shop the offer (your order) on conclusion of contract.
2.3 For orders placed in the online shop "Madisma.shop", the contract is concluded with High Performance Cars Austria e.U, Kaplangasse 22, 4053 Haid Austria, Mail: [email protected], VAT:
3 Saving the contract text
3.1 Your order and the order data entered for you are saved. We will send an order confirmation with all details to the e-mail address stated by you during the order. You also have the option to print both the general terms and conditions as well as your order with all entered data during the ordering process.
3.2 In addition, you can optionally create a customer account. Your order and the order data you entered will be stored in your personal account. You can access your customer account at any time by means of your login data, which you determine yourself during the initial registration, and you have the option of printing the order with all the data entered.
4 Reservation of title
The goods delivered remain the property of Madisma.shop until complete payment. Prior to the transfer of the property, a pledge, security transfer, processing or transformation without our consent is not permitted.
5 Prices and shipping costs
5.1 All prices include the legal VAT of 20% plus shipping costs.
5.2 Only the payment and shipping possibilities indicated in the Onlineshop are possible.
5.3 The insurance of the goods value is 500 € unless otherwise expressly stated.
6.1 We deliver exclusively within the EU and the otherwise indicated countries. All goods will be delivered by parcel service.
6.2 The delivery time is 5 working days from receipt of payment, unless stated otherwise in the offer.
6.3 If not all ordered products are in stock, we are entitled to partial deliveries at our expense, as far as this is reasonable for you.
6.4 Should the delivery of the goods fail despite a three-time delivery attempt, the goods remain with us until the orderer a regular dispatch address is specified and the dispatch for these is paid.
7 Terms of payment
7.1 The payment will be made in advance by advance payment, by Paypal or cash payment. Madisma.shop reserves the right to exclude individual payment methods
7.2 Payments shall be payable to you only after the order confirmation has been sent by e-mail. If you choose the payment type "Prepayment", we will call you our bank account in order confirmation. For payment by prepayment, the invoice amount must be transferred to our account within 5 days. If payment is made by PayPal, the order will be sent to you only after the order has been sent.
7.3 Upon the occurrence of the delay in payment, the purchase price shall be interest-bearing during the delay of 5% above the base interest rate. We reserve the right to prove and assert a higher arrears.
7.4 You can exercise a right of retention only if the claims result from the same contractual relationship.
In the event of defects in the delivered goods, the statutory provisions shall apply.
If Madisma.shop is not able to deliver the goods ordered without fault, the supplier is not Madisma.shop. Eu the customer is entitled to withdraw from the contract. In this case, the purchaser is immediately informed that the ordered product is not available and, if the purchase price has already been paid, a reimbursement of this purchase price is immediately made. In the case of a non-delivery of the goods ordered by Madisma.shop, Madisma.shop is not entitled to withdraw from the contract.
We exclude the liability for slightly negligent breaches of duty insofar as they do not affect any contractual obligations, damages from injury to life, body or health or guarantees or claims under the Product Liability Act. The same applies to breach of duty by our vicarious agents.
11. 1 Personal data
Personal data is information that indicates your identity: name, address, postal address, delivery address, telephone number and e-mail address.
We store your personal data only to the extent that this is necessary for the processing and processing of your order or as long as you have given your consent, for example to create a customer account. With the exception of participating shipping and payment companies, we do not pass on your personal data to third parties.
11.2 Anonymized data
With your visit to our offer you can also store information about the access (date, time, page viewed) on our server. These data do not belong to the personal data but are anonymous. They are evaluated by us exclusively for statistical purposes.
Cookies are used on certain pages without our being able to point out. Most browsers are set to accept cookies automatically. However, you can disable the saving of cookies, or you can set your browser to notify you when cookies are sent. The stored data will be deleted when you leave our website.
You have a right to free information about your stored data as well as a right to rectification, blocking or deletion of this data. For questions regarding the collection, processing or use of your personal data, for information, correction, blocking or deletion of data, please contact us
12 Applicable law, jurisdiction
12.1 Austrian law shall apply.
12.2 In the case of customers who conclude the contract for a purpose which can not be accounted for by professional or commercial activity (consumer), this choice shall only apply insofar as this is not the result of mandatory provisions of the law of the State in which he is habitually resident , Is withdrawn.
12.3 The court of the head office of Madisma.shop is responsible for all disputes arising from the contractual relationship, if the purchaser is a merchant, a legal person of public law or a public-law special fund.
If one or more provisions of these General Terms and Conditions are invalid, the remaining provisions shall remain valid. If the provisions are ineffective, the content of the contract is governed by statutory provisions.
No liability shall be assumed for any errors in the pricing of the products or the shipping costs.
The seller Madisma.shop agrees to leave the option Free without giving reasons from the concluded contractual relationship.
For any damages in the shop is not liable
15 Cost of return in case of cancellation
If the delivered goods correspond to the ordered, you have to make the return at your own expense. A refund of their service is only possible after receipt and inspection of the goods at our premises.