GENERAL BUSINESS CONDITIONS
PRO SDG Market GmbH
Terms and Conditions
1. General Terms & Conditions
The following terms and conditions regulate the conditions under which any natural person or corporate entity (subsequently customer) can purchase the products on offer from PRO SDG Market GmbH, a limited liability company incorporated under the laws of Austria, company number FN 531322 g, with its seat in Haid 57,4870 Vöcklamarkt (subsequently „PRO SDG Market“). These Terms and Conditions apply to all contracts that are concluded via PRO SDG Markets online shop, which is available on the internet under address www.prosdg-market.com (subsequently „online shop“), between PRO SDG Market and customers.
The general terms and conditions also regulate the conditions for the use of the PRO SDG Market shop network as well as their supplementary online offers. These general terms and conditions regarding the use of online portals provided by PRO SDG Market do not apply to producers offering their products in the online shop. For producers, separate contractual provisions shall apply.
2. Recognition of Terms and Conditions
The customer acknowledges these terms and conditions and agrees to the terms and conditions when an order is placed. The contracting parties agree to be bound by Austrian law. If the customer has his domicile or ordinary place of residence in the domestic territory or is employed in the domestic territory, any legal action against him can only be brought by the competent court responsible for the district in which he has his domicile, ordinary place of residence or place of employment; this does not apply to legal disputes that have already arisen.
3. Protective Clause
The inclusion of the terms and conditions or the customer's terms of contract that deviate from the terms and conditions will be rejected, unless otherwise explicitly recognized by PRO SDG Market.
4. Conclusion of contract
The product representation on the website does not constitute an offer in the legal sense. It is an invitation to the customer to make an offer. In the legal sense, the offer is made by the customer when placing an order. Confirmation of receipt of the order occurs with the acceptance of the order immediately after issuing an automated email. The email confirmation concludes the purchase contract.
Please note that all quantities are available only to a limited extent and that the available quantities, which are shown in the offers, can deviate from the actual inventory.
The customer can select the desired product(s) and place into the “shopping cart” at the click of a button. The selected products are temporarily stored in the “shopping cart” for the duration of the customer's visit to the website www.prosdg-market.com. The order process is continued when the “Proceed to Checkout” button next to the listed goods is clicked. The customer is then requested to enter the desired delivery address and payment method, entering the required data to process the payment. When choosing external services as a payment method, such as PayPal, the customer is redirected to the external website of the respective payment service provider. Before the order is submitted, the relevant order information is summarized in an “Order Overview”. The customer is free to review and edit the details if required, before submitting the order to PRO SDG Market by clicking the “Place Order” button. In doing so, the customer makes a binding offer with respect to the selected goods.
Once the order is placed, PRO SDG Market sends an order confirmation email to the email address provided by the customer. The order confirmation confirms that the order has been received and displays the ordered contents (hereinafter "Order Confirmation"). If PRO SDG Market rejects the conclusion of the contract, the customer will be notified promptly via email.
5. Storage of Contract
The contract text, i.e. the order information provided by the customer, is stored by PRO SDG Market, and can be viewed by the customer under “My Account” in “My Orders”. PRO SDG Market sends an Order Confirmation and these terms and conditions to the email address provided by the customer.
6. Cancellation policy
The ordered goods can be returned within 14 days without giving a reason. Furthermore, the return period will be extended to 16 days. Therefore, the customer has a total of 30 days to return the ordered goods.
The customer has the right to cancel the contract within fourteen days, without stating a reason. The cancellation period is fourteen days from the date on which the goods are taken in possession by the customer or a third party nominated by the customer, who is not the carrier.
To exercise the right of cancellation, the customer is required to send PRO SDG Market a clear statement of the customers decision to cancel the contract, in the form of a letter or an email to
PRO SDG Market GmbH
Consequences of Cancellation
In the case of an effective cancellation, the services received by both parties must be returned and benefits where applicable (e.g. interest) released. If the customer is unable to return or release, partially return or only able to return in a deteriorated condition, the service or use (e.g. benefits of use) received the customer has to, in this respect, provide PRO SDG Market with compensation. In cases where the goods have deteriorated and uses been drawn, the customer will only be required to provide compensation as long as the use or the deterioration is attributed to a handling of the goods which goes beyond an examination of the characteristics and function of these. PRO SDG Market defines “examination of the characteristics and function” as testing and trying out the respective goods as is possible and customary in a shop. After cancellation, the goods are to be returned at the customers risk and expense. Obligations to reimburse payments must be fulfilled within 30 days. This time period begins with the sending of the customers declaration of cancellation or the sending/returning of the products. PRO SDG Markets time period begins upon receipt of the goods.
The right of cancellation does not apply to the following contracts:
- Contracts relating to the supply of goods that are not pre-assembled and that require individual selection or specification by the consumer for their manufacture or that are clearly tailored to the personal needs of the customer,
- Contracts relating to the supply of perishable goods or goods that have a short use-by period,
- Contracts relating to the supply of goods that have been opened or used and can thus not be returned due to hygienic or health protection reasons,
- Contracts relating to the supply of goods that are inseparable with other goods due to their composition.
- All product prices are displayed as total prices and include statutory sales tax (VAT) if the customer does not change his status to a corporate entity.
- Price errors reserved. If the correct price is higher, the customer will be contacted. In such cases, the contract is only concluded if the customer agrees to purchase the good(s) at the actual price. If the correct price is lower, this lower price is charged.
8. Shipping Costs
- The stated product prices do not include shipping costs. Further details concerning shipping costs can be found on our website.
The applicable sales tax is included in the shipping costs.
9. Terms of Delivery
- Unless otherwise agreed, delivery will be made to the address specified by the customer.
- The estimated date of delivery is stated directly in the shopping cart. When using the cash in advance payment option, the delivery period starts one day after the payment has reached PRO SDG Markets bank account. When using the options cash on delivery or payment on account, the delivery period starts one day after the contract was concluded. In all other cases, the delivery period starts one day after receipt of the order.
- PRO SDG Market bears no responsibility if the manufacturer or supplier is experiencing difficulties with supply. If the delivery of the goods within a specific period is hindered due to unforeseen circumstances, PRO SDG Market is entitled to withdraw from the contract in full or in part. PRO SDG Market will inform the customer immediately in this respect. Damage claims are excluded in this case. The customer will be informed before the start of the order process regarding existing delivery restrictions.
10. Payment Due Date & Reservation of Title
- The purchase price is payable, at the latest, at the time of delivery.
- The delivered goods shall remain the property of PRO SDG Market until payment is made in full.
11. Terms of Payment
- PRO SDG Market accepts the following payment methods:
- Cash in advance payments means that the customer transfers the invoice amount within 14 days of the contract having been concluded. The transfer is to be made to the PRO SDG Markets bank account (bank details are provided in the order confirmation and displayed in the website credits). Shipping only occurs after the payment has been received.
- Credit card payments will be charged to the customer’s credit card on placing the order. The credit card is charged immediately, even if the items are not in stock and can only be sent in a few days. PRO SDG Markets partners for this payment method are Mastercard, Visa, Maestro and American Express. Further information regarding PRO SDG Markets payment partners (Mastercard, Visa, Maestro and American Express) can be found on their websites.
- General statutory regulations apply unless otherwise stated.
- Guarantees exclude damages caused by the customer, particularly in cases of mishandling, misuse or unauthorized repair attempts.
- The shortened limitation period does not apply to damages based on a grossly negligent breach of duty by PRO SDG Market or an intentional or grossly negligent breach of duty by a legal representative or agent of PRO SDG Market. The shortened limitation period shall not apply to claims for damages due to the negligent or intentional breach of contract. Material contractual obligations are obligations that make the fulfillment of the contract possible, and on which the customer can ordinarily rely.
- If the items delivered have obvious transport damage, the customer must report this to the carrier immediately and contact PRO SDG Market as soon as possible. Failure to make a complaint or contact us shall not affect the customers statutory guarantee claims as a consumer, and merely serves to aid the provider in making claims against the company commissioned with the delivery of the goods or the insurer.
- Where an item comes with a manufacturer's guarantee, the customer must make any associated claims to the manufacturer directly. PRO SDG Market's liability from the guarantee is thus excluded.
- Claims for damages made by the customer against PRO SDG Market are excluded unless PRO SDG Market or its vicarious agents have acted with willful intent of gross negligence.
- This does not affect the liability for damages resulting from injury to life, limb or health, due to negligence or intentional breach of material contractual obligations, or if liability is mandatory under the Austrian Product Liability Act or claims from culpa in contrahendo, or other breaches of duty or tort claims for property damage. Material contractual obligations are obligations that make the fulfillment of the contract possible, and on which the customer can ordinarily rely.
14. Right of Offset, Right of Retention
- The customer is not entitled to offset payment against our claims unless the customer's counterclaims are legally established or undisputed. The customer is entitled to offset against our claims if he files a complaint or counterclaim regarding the same purchase contract.
- The customer may only exercise a right of retention if the counterclaim is made in regard to the same purchase contract.
15. Data Protection
16. Blocking customers
PRO SDG Market is entitled to block customers if there is a factually justified reason for this. Blocking can take place without prior notice if PRO SDG Market has a legitimate interest in an immediate block. One reason for a blocking is in particular if a customer violates their contractual obligations or if a third party claims that there is a legal infringement towards PRO SDG Market. In the case of an infringement claim, PRO SDG Market will forward the corresponding information to the customer. PRO SDG Market is not obligated to examine the allegations as regards to content.
17. Modification of Terms and Conditions / Right to Make Changes
PRO SDG Market is entitled to modify these terms and conditions unilaterally as needed in terms of fixing equivalence mandate or to adapt to changing legal or technical conditions. The customer will be notified of amended content via their last known email address. The modifications made become an integral part of the contract when the customer does not file a written objection within six weeks of notification sent via email.
18. Severability Clause
If any provision regarding these terms and conditions should be invalid, the validity of the remaining provisions shall not be affected.
19. Contractual Language
The language available at the time of completion of the contract is English.
20. Contract Law
Contracts shall be governed by Austrian law.