General Terms and Conditions and Customer Information

( Steyr, 26 November 2023 )

The following General Terms and Conditions also contain legal information about your rights under the provisions on distance selling and electronic commerce.

1. OVERVIEW

    1.1 This website is operated by KNECOM OG. Throughout the site, the terms "we", "us" and "our" refer to KNECOM OG. KNECOM OG offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

    1.2 By visiting our site and/ or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are visitors, vendors, customers, merchants, and/or contributors of content.

    1.3 Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services.

    1.4 Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time at this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to periodically check this page for any changes. Your continued use of or access to the website following the posting of any changes will constitute acceptance of those changes.

    1.5 Our store is hosted on Shopify Inc. Shopify provides us with the online e-commerce platform that enables us to sell our products and services to you.

    2. GENERAL CONDITIONS

    2.1 The business relationship between KNECOM OG (hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”) is exclusively subject to the following General Terms and Conditions in the version valid at the time of the order.

    2.2 We reserve the right to refuse service to any person for any reason at any time.

    2.3 You acknowledge that your information (not including credit card information), may be transferred unencrypted and may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connected networks or devices. Credit card information is always encrypted during transmission over networks.

    2.4 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

    2.5 The headings used in this agreement are for convenience only and will not limit or otherwise affect these Terms.

    2.6 You can contact our customer service for questions, complaints and objections by email at service@zenoc.shop

    2.7 Customers of the Seller within the meaning of these General Terms and Conditions are both consumers and entrepreneurs.

    2.8 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either his commercial or his independent professional activity.

    2.9 Entrepreneurs within the meaning of these General Terms and Conditions are natural or legal persons, or partnerships with legal capacity, who, when concluding a legal transaction, act in the exercise of their commercial or independent professional activity.

    2.10 Deviating conditions of the customer will not be recognized unless the seller expressly agrees to their validity in writing.

    2.11 Deliveries are made to customers in Austria and abroad.

    2.12 You must not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

    2.13 You must not transmit any viruses or other code of a destructive nature.

    2.14 Any breach or violation of any of these Terms will result in immediate termination of your Services.

    3. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

    3.1 We are not responsible if the information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

    4. OFFER AND CONCLUSION OF CONTRACT VIA THE SELLER’S WEBSITE

    4.1 The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. By ordering the desired goods, the customer makes a binding offer to conclude a purchase contract. Descriptions of services in catalogs and on the seller's websites do not constitute a warranty or guarantee.

    4.2 All offers are valid "while stocks last" unless otherwise stated for the products. Otherwise, errors remain reserved.

    4.3 A contract between the seller and the customer is only concluded when the seller accepts an offer from a customer. In the event of spelling and calculation errors or errors on the website, the seller reserves the right not to accept an order.

    4.4 If a customer places an order on the seller's website via the Internet, the seller will immediately confirm receipt of the order. This confirmation of receipt of the order does not constitute acceptance of the offer, but only informs the customer that his order has been received by the seller.

    4.5 By sending an order to the seller via the seller's website, the customer makes an offer to conclude a purchase contract with the seller. Acceptance of the offer and conclusion of the contract with the seller take place by express declaration of acceptance by email or by sending the ordered goods to the customer.

    4.6 The Seller is entitled to accept the contractual offer made with the order via the Seller's website within 5 days of receipt of this offer by the Seller by express declaration of acceptance or by dispatch of the ordered goods.

    4.7 If the customer completes his order by paying via PayPal, credit card or direct bank transfer, the contract is concluded at the latest when the customer submits the payment order.

    5. PRODUCTS

    5.1 Products may be available in limited quantities and are subject to return or exchange only in accordance with our Returns Policy.

    5.2 We have made every effort to display as accurately as possible the colours and images of our products that appear on the Store. We cannot guarantee that your computer or smartphone screen will display every colour correctly.

    5.3 We reserve the right, but are not obligated, to limit the sales of our products to certain persons, geographic regions or jurisdictions. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product we offer. All descriptions of products or product pricing are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product made on this site is void where prohibited.

    5.4 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

    6. ORDERING PROCESS

    6.1 The Customer can select products from the Seller's range without obligation and collect them in a so-called shopping cart using the [add to shopping cart] button.

    6.2 The customer can then complete the order process within the shopping cart by clicking on the [Checkout] button.

    6.3 By clicking the [Buy] button, the customer submits a binding offer to purchase the goods in the shopping cart. The customer can change and view the data at any time before submitting the order.

    6.4 The seller will then send the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the "Print" function (order confirmation). The automatic confirmation of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded when the seller has sent or handed over the ordered product to the customer within 3 days, or has confirmed the shipment to the customer within 3 days with a second email, express order confirmation, or sending of the invoice.

    6.5 If the seller allows payment in advance, the contract is concluded when the bank details and payment request are provided. If payment is not received by the seller within 10 calendar days of the order confirmation being sent, even after a further request, despite being due, the seller will withdraw from the contract, with the result that the order is no longer valid and the seller is not obliged to deliver. The order is then completed for the buyer and seller without any further consequences. The item will therefore be reserved for a maximum of 10 calendar days if payment is made in advance.

    6.6 In case of conclusion of the contract, the contract is concluded with

    KNECOM OG

    Stelzhamerstrasse 32k

    A-4400 Steyr

    Company registration number FN 609660i

    Register Court: Regional Court of Steyr

    Austria

    conditions.

    7. PRICES

    7.1 All prices stated on the seller's website include the applicable statutory sales tax and other price components, but plus delivery and shipping costs if the minimum order value for the respective country is not reached. You can find more detailed information on shipping costs in our shipping guidelines.

    7.2 The prices of our products are subject to change without prior notice.

    7.3 We reserve the right to change or discontinue the Service (or any part or content thereof) at any time without notice.

    7.4 KNECOM OG shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

    8. SHIPPING COSTS AND IMPORT DUTIES

    8.1 In addition to the purchase price, the seller will charge the customer shipping costs. The amount of the shipping costs can be found on the seller's website. In addition, customers will be clearly informed of the shipping costs on the order page before placing an order.

    8.2 For deliveries of goods to countries outside Austria, import duties may be incurred, which the customer must pay. The amount of import duties varies in different customs areas. The customer is responsible for the proper payment of all necessary duties and fees.

    9. AVAILABILITY OF PRODUCTS

    9.1 If the product specified by the customer in the order is only temporarily unavailable, the customer will be informed when visiting the website. If delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract.

    10. DELIVERY & SHIPPING IN MULTIPLE PACKAGES

    10.1 Delivery will be made to the delivery address specified by the customer when placing the order. If the customer/recipient provides the shipping service provider with an alternative drop-off location, the transport risk for the package will be transferred to the customer/recipient after delivery to the drop-off location.

    10.2 If multiple items are ordered, the seller is entitled to send the goods to the customer in multiple packages, provided this is reasonable for the customer. Any additional shipping costs incurred as a result of this will be borne by the seller.

    11. PAYMENT METHODS

    11.1 The customer can choose from the available payment methods during and before completing the order process. The customer's account will be debited after the payment process has been completed.

    11.2 We offer the following payment methods:

    payment before delivery

    Credit card or debit card

    When placing the order, you can pay with a valid credit or debit card (VISA, Mastercard, MAESTRO, American Express or Union Pay) and enter the credit card information. The corresponding amount will be immediately reserved on your card, but will not be debited until the goods have been shipped. KNECOM reserves the right to check the validity of the credit or debit card, the available credit limit in relation to the order value and the buyer's address details. Based on the results of this check, we may also refuse orders.

    Pay now/ Pay later

    The "Pay now" and "Pay later" services are provided by Klarna. With "Pay now" you pay securely via direct transfer using your usual online banking. Your online banking details are only entered in Klarna's secure payment form. KNECOM cannot therefore access the data you enter or your account.

    If you choose "Pay later", you will receive a message from Klarna about how and when you can pay.

    For further information and questions please visit klarna.com or contact Klarna customer service .

    PayPal

    If you use the PayPal payment method, the corresponding amount will be immediately reserved in your PayPal account, but will not be debited until the goods have been dispatched from our warehouse. KNECOM reserves the right to check the validity of the PayPal account, the balance to cover the order value and the buyer's billing address. Based on the results of this check, we may also reject orders.

    EPS transfer

    When using the EPS transfer, customers pay directly via the online banking of Austrian banks. After selecting this option during the ordering process, the transfer is made via the personal online banking account. The order is processed after successful receipt of payment, which is checked promptly. KNECOM reserves the right to check the validity of the EPS account, the availability of credit and the billing address. Using the EPS transfer is free of charge, but bank charges may apply. Customer data is treated in accordance with data protection guidelines. KNECOM accepts no liability for delays caused by third parties. Changes in the accepted payment methods will be communicated in a timely manner.

    Miscellaneous

    You will receive the legally required invoice in your shipping confirmation email.

    You are obliged to provide a correct email address and to inform KNECOM if your email address changes.

    11.3 If third parties are commissioned to process payments, e.g. Paypal, their general terms and conditions apply.

    11.4 If the payment is due according to the calendar, the customer will be in default simply by missing the deadline. In this case, the customer must pay default interest of 5 percentage points above the base interest rate.

    11.5 The Customer’s obligation to pay default interest does not exclude the Seller from claiming further damages caused by default.

    11.6 The customer is only entitled to a right of set-off if his counterclaims have been legally established or have been recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.

    12. RESERVATION OF TITLE

    12.1 The delivered goods remain the property of the seller until full payment has been made.

    12.2 In the case of customers who are entrepreneurs, the Seller reserves title to the goods until all claims to which we are entitled from the business relationship with the Buyer for any legal reason have been settled.

    12.3 The customer is obliged to notify the seller immediately of any seizure or other impairment of the reserved goods by third parties.

    13. TRANSFER OF RISK

    13.1 If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer upon handover, or in the case of a sale by dispatch, upon delivery of the goods to the forwarding agent, the carrier, or the person or institution otherwise designated to carry out the dispatch.

    13.2 If the customer is a consumer, the risk of accidental loss or accidental deterioration of the item sold shall only pass to the buyer upon delivery of the item, even in the case of a sale by dispatch.

    13.3 Delivery shall be deemed to have taken place if the Buyer is in default of acceptance.

    14. WARRANTY AND GUARANTEE FOR MATERIAL DEFECTS

    14.1 The warranty is determined according to statutory provisions (24 months from
    If an exchange or improvement is not possible (not possible, too much effort, unreasonable, delay in delivery), the buyer is entitled to a price reduction or, if the defect is not minor, termination of the contract. Compensation for consequential damages (due to defects) as well as other material damage, financial losses and damages to third parties against the customer, unless it is a consumer transaction, is excluded.

    14.2 A guarantee for the goods delivered by the Seller only exists if this has been expressly given.

    15. ERRORS, INACCURACIES AND OMISSIONS

    15.1 Occasionally there may be typographical errors, inaccuracies or omissions on our website or the Service that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

    15.2 We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. Any update date specified in the Service or on any related website should not be taken to indicate that all information in the Service or on any related website has been modified or updated.

    16. THIRD PARTY PROVIDERS

    16.1 We provide you with access to third-party tools (e.g. Paypal) over which we neither monitor nor have any control nor influence.

    16.2 You agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of additional third-party tools.

    16.3 Any use by you of additional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

    16.4 We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services will also be subject to these Terms of Service.

    16.5 Certain content, products and services available through our Service may include materials from third-party providers.

    16.6 Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials, websites, products, or services.

    16.7 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please read carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

    17. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

    17.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, reproduce, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and will be under no obligation to (1) keep comments confidential, (2) pay any compensation for comments, or (3) respond to comments.

    17.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

    17.3 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous, defamatory, or otherwise unlawful, abusive, hateful, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website or application. You may not use a false e-mail address, impersonate any person, or mislead us or third parties as to the origin of any comments. You are solely responsible for your comments and their accuracy. We are not responsible or liable for any comments posted by you or any third party.

    18. PROHIBITED USES

    18.1 In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful act; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to interfere with or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to transmit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will in any way affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track personal information of others; (i) to spam, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or of any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website if you violate any of the prohibited uses.

    19. DISCLAIMER OF LIABILITY; LIMITATION OF LIABILITY

    19.1 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

    19.2 We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

    19.3 You agree that from time to time we may remove the Service for indefinite periods of time or discontinue the Service at any time, without notice to you.

    19.4 You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, title, or non-infringement.

    19.5 In no event shall KNECOM OG, employees, agents, contractors, suppliers, service providers, or licensors be liable for any injuries, losses, claims, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), or strict liability, or otherwise arising out of the use of the service or any products procured through the service, or for any other claim related in any way to the use of the service or any product, including, but not limited to, errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available through the service, even if advised of their possibility.

    19.6 Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

    20. COMPENSATION

    20.1 You agree to indemnify, defend and hold harmless KNECOM OG, affiliates, partners, agents, contractors, licensors, service providers, subcontractors, suppliers and employees from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

    21. RIGHT OF WITHDRAWAL

    21.1 Consumers are entitled to the statutory right of cancellation. The seller informs customers on its website, among other things, about the existence or non-existence of a right of cancellation as well as the conditions, details of the exercise, in particular the name and address of the person to whom the cancellation must be declared, and the legal consequences of the cancellation. In addition, customers will be provided with cancellation instructions in text form that comply with the statutory requirements when ordering online, at the latest when the contract is concluded.

    21.2 Every customer can withdraw from the contract within 14 days of receiving the goods by sending a written declaration of withdrawal without giving reasons. It is sufficient for the declaration of withdrawal to be sent within this period (the date of the postal dispatch note is decisive). In this case, the customer is demonstrably obliged to return the goods immediately. The return shipping costs (postage) are to be borne by the customer.

    21.3 We accept returns for both unworn and worn items. For returned goods that have gone beyond simple trying on, we reserve the right to take into account a reasonable reduction in value. In the event of cancellation, a full refund of payments will be made, including delivery costs. For used or damaged goods, the customer is obliged to pay a reasonable fee for use, limited to the value of the goods. The goods must be sent to the following address:

    ZENOC Returns

    Unterernsthofen 19

    4432 Ernsthofen

    Austria

    To exercise your right of withdrawal, you must

    KNECOM OG
    Stelzhamerstrasse 32k
    4400 Steyr
    Austria
    Email: service@zenoc.shop

    by means of a clear statement (e.g. a letter sent by post or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.

    Withdrawal by simply returning the goods

    21.4 The customer can also exercise his right of withdrawal by simply sending the goods back to the seller within 14 days of receipt without a written declaration of withdrawal. In this case, it is sufficient to send the goods back in good time to meet the deadline. The prerequisite for this form of exercising the right of withdrawal by simply returning the goods is that the goods are not damaged or used and that the return is made with sufficient postage. The seller only bears the return shipping costs (postage) in the event of an incorrect or defective delivery.

    21.5 The risk of return and proof of return rests with the customer. In the event of withdrawal by the customer (by express declaration or simply returning the goods), the seller will immediately refund the purchase price already paid - shipping costs will not be refunded. If the order is on open account, a credit will be made to the customer's account.

    21.6 For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you. We may refuse to repay until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier.

    21.7 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 that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.

    21.8 You will bear the direct cost of returning the goods.

    22. NOTES ON THE EXCLUSION OF THE RIGHT OF WITHDRAWAL

    22.1 Your right of withdrawal expires if we have started to execute the contract after:

    • you have expressly agreed that we may begin executing the contract before the expiry of the withdrawal period, and
    • You have confirmed your knowledge that by giving your consent you will lose your right of withdrawal once the contract has begun to be executed.

    23. RETURNS

    23.1 Customers are asked to report the return to the seller before returning the item (by email to service@maclo.net) to announce the return. This will enable the seller to allocate the products as quickly as possible. To return the items, please fill out the return form completely and put it in the package. You can download and print the form here .

    23.2 Customers are requested to return the goods to the Seller as a prepaid parcel and to keep the delivery receipt.

    23.3. Customers are requested to avoid damaging or contaminating the goods. If possible, the goods should be returned to the seller in their original packaging with all accessories. If the original packaging is no longer in the customer's possession, other suitable packaging should be used to ensure adequate protection against transport damage and to avoid any claims for damages due to damage caused by inadequate packaging.

    23.4 The modalities set out in this section (No. 23) of the General Terms and Conditions are not a prerequisite for the effective exercise of the right of withdrawal.

    24. DATA PROTECTION

    24.1 The seller undertakes to treat the customer's personal data confidentially. The collection, processing and use of personal data takes place in accordance with the statutory provisions. Personal data will only be passed on to third parties within the scope of contract processing. The data received from the customer will be collected, processed and used by the seller for contract processing.

    24.2 Customers can request their personal data stored by the seller at any time. Information can also be provided by email. Customers can contact the seller at any time to request the deletion of user information within the framework of the legal provisions. Further information on data protection can be found in the separate data protection declaration.

    25. STORAGE OF THE CONTRACT TEXT

    25.1 The seller saves the contract text of the order. The general terms and conditions are available online. The customer can print out the contract text before submitting the order to the seller by using the print function of his browser in the last step of the order.

    25.2 The seller will also send the customer an order confirmation with all order details to the email address provided by the customer. The customer will also receive a copy of the General Terms and Conditions with his order.

    25.3 In accordance with the data protection regulations, the customer is expressly informed that in fulfilling the contractual relationship the seller stores the consumer's name, postal address, telephone number, email address and - if provided - voucher codes on data media for the purpose of automated recording and processing of the order and processes them in accordance with the data protection regulations.

    26. JURISDICTION, APPLICABLE LAW, CONTRACT LANGUAGE

    26.1 The place of performance is – regardless of the place of delivery and/or performance – the registered office of the Seller.

    26.2 The exclusive place of jurisdiction for all legal disputes arising from or in connection with the contract is the registered office of the seller. The agreement on the place of jurisdiction does not apply if the customer is a consumer within the meaning of Section 1 Paragraph 1 Item 2 of the Consumer Protection Act (KSchG), so that in this case the applicable statutory provisions apply.

    26.3 All disputes arising from or in connection with the contractual relationship shall be governed exclusively by Austrian law, excluding the applicability of all legal norms referring to foreign law. This shall not apply if mandatory consumer protection regulations conflict with such application.

    26.4 In addition, the contracting parties shall mutually determine the exclusive place of jurisdiction for all legal disputes arising from or in connection with this agreement in accordance with Section 104 JN as the competent court at the registered office of the person entitled to use the work.

    26.5 The contract language is German. The contract is concluded exclusively in German.

    26.6 Should one or more of these terms and conditions of sale or other agreements be invalid or void, this shall not affect the validity of the contract and the remaining terms and conditions of sale. Any invalid provisions shall be amended so that they comply with the statutory provisions, otherwise they shall be replaced by provisions that legally regulate the contractual intent of the parties. Changes and additions to these terms and conditions of sale and delivery as well as to the order itself must be made in writing to be legally effective.

    27. SEVERABILITY CLAUSE

    27.1 In the event that any provision of these Terms and Conditions is found to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

    28. TERMINATION

    28.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

    28.2 These Terms and Conditions will continue to apply unless terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our website.

    28.3 If in our sole judgment you fail, or we suspect that you have failed, to comply with any provision of these Terms and Conditions, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination and/or we may deny you access to our Services (or any part thereof).

    29. ENTIRE AGREEMENT

    29.1 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

    29.2 These Terms of Service, including any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, and supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

    30. APPLICABLE LAW

    30.1 These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Republic of Austria.

    30.2 The contracting parties agree to the application of Austrian law. If the consumer has his or her domicile or habitual residence in Austria or is employed in Austria, an action against him or her can only be brought before the court in whose district the consumer's domicile, habitual residence or place of employment is located; this does not apply to legal disputes that have already arisen.

    31. CHANGES TO THE GENERAL TERMS AND CONDITIONS

    31.1 You can view the most current version of the General Terms and Conditions at any time on this page.

    31.2 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website frequently for any changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions will constitute acceptance of those changes.

    32. CONTACT DETAILS

    Questions about the General Terms and Conditions should be directed to us at service@zenoc.shop

    Steyr, 26 November 2023