Terms and conditions
for sales to private end consumers
in distance selling
Status as of 23rd July 2020
- The following terms and conditions of business apply to all sales of goods to private end consumers, which were made exclusively by means of electronic communication, unless different conditions have been agreed in writing.
- Offers from StreamView GmbH (hereinafter named "StreamView") are always subject to change and therefore non-binding. The presentation of the products in StreamView's webshop is not a legally binding offer for a sales contract, but a non-binding online catalogue.
- By sending the order to our webshop the buyer makes a legally binding offer to StreamView. We confirm the receipt of the buyer's order by e-mail (order confirmation). This e-mail does not constitute an acceptance of the buyer's offer.
- We are not obliged to accept orders. Rather, the contract is only concluded upon receipt of a corresponding order confirmation or upon delivery of the goods. If you receive neither the order confirmation nor the goods within 14 days of your order, the contract is deemed not to have been concluded.
- If a certain article should not be available, we will immediately within 14 days after receipt of your order, but before conclusion of the contract, about the non-availability.
- Delivery, whereby partial deliveries are also possible, unless expressly rejected, will be made within 14 days of receipt of the order confirmation. However, if delivery is delayed due to force majeure or other events unforeseeable at the time of conclusion of the contract, the delivery period shall be extended accordingly.
- We reserve the right to choose the transport route, the means of transport and the carrier. The transport to the buyer is at our expense and risk. The dispatch is currently carried out by the company Dachser SE (logistics centre Hannover). The delivery is usually done by DHL, DPD or another delivery service.
- The prices are inclusive of simple packaging and inclusive of statutory value added tax at the time of the order.
- The buyer can pay only by PayPal, instant bank transfer, or with a credit card respectively, accepted by StreamView.
- The purchase price is due upon conclusion of the contract in the case of a method of payment that causes an immediate debit of the buyer's account, in all other cases immediately upon dispatch of the ordered goods.
- If you pay by credit card, your account will be debited when the ordered goods are dispatched; if you pay by instant bank transfer and PayPal, your account will be charged when the order is placed. In the event of default of payment by the buyer, interest on arrears shall be paid at a rate of at least 4% above the respective base rate, subject to the assertion of further claims.
- The buyer is entitled to the right of retention, provided that it is based on the same contractual relationship. Furthermore, the buyer has the right of retention only if there is a clear link between two different contracts. Furthermore, the buyer may only offset undisputed counterclaims that we have acknowledged, or that have been legally established.
- The delivered goods shall remain our property until all obligations arising from the business relationship with the buyer have been met in full. In case of default of payment, the buyer is obliged to return the goods to us within 14 days upon our first demand.
- The buyer has the right of withdrawal within 14 days after receipt of the goods without giving reason. For details, please refer to the cancellation policy on our website.
- However, in the case of deliveries of audio or video recordings or computer software in a sealed package, the buyer shall not have the right to withdraw from the contract if the seal has been removed after delivery.
- If a sealed package contains hardware and software components, or authorization cards, and the software or authorization cards are not especially protected by a further seal, all components of this package shall be deemed to be a single unit, for which no right of return exists as the result of a broken seal.
- If digital content is delivered on a non-physical data carrier (e.g. download), there is no right of withdrawal if the delivery was made with the prior expressed consent of the buyer, and the buyer is aware that the right of withdrawal is thereby lost. In such a case, you will see a corresponding warning notice before the contract is concluded (i.e. before payment is made and the download begins).
- In the event of defective delivered goods, the buyer shall be entitled to his/her statutory rights. We shall be liable for material defects existing at the time the goods are handed over to the buyer. The remedy of material defects is, in principle, carried out by subsequent performance, i.e. by remedying the defect or by a new delivery. In case, it is not possible to remedy the defect, or to deliver a new product or, if it should be disproportionate, the defect shall be remedied by a price reduction or by cancellation of the contract.
- Claims for material defects become time-barred 24 months after the handover of the goods. Defects that are a result of unsuitable or improper use, treatment of the goods, incorrect assembly, or commissioning by the buyer or a third party, despite correct assembly instructions/and/or operating instructions, as well as normal wear and tear, do not constitute grounds for liability for material defects.
- In the case of deliveries in long-distance trade to end consumers, the buyer's home country law is generally applicable. If, however, the business relationship with StreamView can be attributed to a commercial or entrepreneurial purpose, or professional activity, even if this activity is not profit-oriented, Austrian law shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods and the references to international private and procedural law.
- The buyer hereby irrevocably undertakes to maintain confidentiality about all business and trade secrets made accessible or made available to him, and otherwise made known to him in connection with or as a result of the business relationship, or contact with us, and not to make them available to a third party in any way whatsoever without our express consent.
- Place of performance for deliveries and payments from contracts, which are subject to these terms and conditions, is - unless the law provides otherwise mandatory - the headquarters of StreamView. The purchaser also acknowledges that any dispute resolution will not be carried out via online platforms for an out-of-court settlement of disputes, such as the one introduced by the European Commission.