Terms and Conditions
1. General Terms & Conditions
These Terms and Conditions apply to all contracts that are concluded via the online shop www.fromaustria.com between niceshops GmbH and customers, i.e. consumers.
A consumer is any natural person who enters into a legal transaction for a purpose that is neither attributed to their commercial nor independent professional activity.
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 consumer 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 niceshops GmbH.
4. Conclusion of the Contract
4.1. 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.
4.2. 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.fromaustria.com. The order process is continued when the “Proceed to Checkout” button next to the listed goods is clicked. On the next page, the customer is requested to login if they already have an account, or otherwise to register for an account. 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 niceshops GmbH by clicking the “Place Order” button. In doing so, the customer makes a binding offer with respect to the selected goods.
4.3. Once the order is placed, niceshops GmbH 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 niceshops GmbH 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 niceshops GmbH and can be viewed by the customer under “My Account” in “My Orders”. niceshops GmbH sends an Order Confirmation and these terms and conditions to the email address provided by the customer.
6. Right of Cancellation / Withdrawal
The ordered goods can be returned within 14 days without giving a reason. Detailed information regarding our Returns Policy can be found here. 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 following cancellation policy applies to contract for goods that can be sent in a package by mail.
Right of Cancellation for Parcel Goods
As a consumer, you have 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 you or a third party nominated by you, who is not the carrier.
To exercise your right of cancellation, you are required to send us a clear statement of your decision to cancel the contract, in the form of a letter, email or fax to
8341 - Paldau
Fax: (+43) 720 710740 9000
You can do so by using our template form if you so choose. It is sufficient to inform us that you wish to exercise your right of cancellation before the expiration of the cancellation period.
Consequences of Cancellation
When you cancel this contract, all payments received, including the costs of shipping (excluding additional shipping costs incurred when a different shipping service has been chosen by you that does not comply with our standard shipping service), will be reimbursed. The refund will be made within fourteen days of us receiving notification of cancellation from you. The same method of payment used in the original transaction is used again to make the refund unless otherwise agreed with you. Under no circumstances will you be charged fees in relation to this refund. We can withhold your refund until we receive the goods in question or earlier when proof has been given that the goods are underway.
You have fourteen days, after having notified us of cancellation, to return the goods to our warehouse
8341 - Paldau
The deadline is met when you send the goods prior to the expiry date of the fourteen day cancellation period. Returns from the following countries are free of charge:
Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Latvia, Lithuania, Luxembourg, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom.
Returns from Italy, Switzerland and other countries not listed above must be paid for by the consumer.
Contracts relating to the supply of goods that are not pre-assembled and that require individual selection or specification by the customer for their manufacture or that are clearly tailored to the personal needs of the customer cannot be cancelled.
Detailed information on returns can be found here.
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 consumer,
- 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,
- Contracts relating to the supply of alcoholic beverages, the price of which was agreed upon at the time of concluding the contract and can only be shipped 30 days after the conclusion of the contract at the earliest, and the value of which fluctuates in the market, over which the trader has no influence,
- Contracts relating to the supply of audio or video recordings, or computer software in a sealed package, whereby the seal has been removed after delivery,
- Contracts relating to the supply of newspapers, periodicals or magazines with the exception of subscription contracts.
Click here to download the cancellation form template.
End of Cancellation Policy.
1. All product prices are displayed as total prices and include statutory sales tax (VAT).
2. 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
1. 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.
2. Shipping fees are also calculated when choosing the cash on delivery option. This amount is to be handed to the courier at the time of delivery.
9. Terms of Delivery
1. Unless otherwise agreed, delivery will be made to the address specified by the customer. We also deliver to “Packstationen” collection points.
2. 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 the niceshops GmbH 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.
3. niceshops GmbH 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, niceshops GmbH is entitled to withdraw from the contract in full or in part. The niceshops GmbH 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 in regard to existing delivery restrictions.
10. Payment Due Date & Reservation of Title
1. The purchase price is payable, at the latest, at the time of delivery.
2. The delivered goods shall remain the property of niceshops GmbH until payment is made in full.
11. Terms of Payment
1. niceshops GmbH accepts the following payment methods:
2. 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 niceshops GmbH 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.
5. Credit card payments will be charged to your 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. Our partner for this payment method is Six Payment Services or Adyen.
6. PayPal - You can pay the invoice amount via the online provider PayPal. You must be registered with PayPal or create a PayPal account. Once authenticated by logging in with your login details, you can confirm the payment instruction to our account. Further instructions are provided during the order process. Information on data protection can be found here.
1. General statutory regulations apply unless otherwise stated.
2. Guarantees exclude damages caused by the customer, particularly in cases of mishandling, misuse or unauthorized repair attempts.
3. The shortened limitation period does not apply to damages based on a grossly negligent breach of duty by niceshops GmbH or an intentional or grossly negligent breach of duty by a legal representative or agent of niceshops GmbH. 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 fulfilment of the contract possible, and on which the customer can ordinarily rely.
4. If the items delivered have obvious transport damage, you must report this to the carrier immediately and contact us as soon as possible. Failure to make a complaint or contact us shall not affect your 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.
5. Where an item comes with a manufacturer's guarantee, the customer must make any associated claims to the manufacturer directly. niceshops GmbH's liability from the guarantee is thus excluded.
1. Claims for damages made by the customer against niceshops GmbH are excluded unless niceshops GmbH or its vicarious agents have acted with willful intent of gross negligence.
2. 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 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 fulfilment of the contract possible, and on which the customer can ordinarily rely.
14. Right of Offset, Right of Retention
1. 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.
2. The customer may only exercise a right of retention if the counterclaim is made in regards to the same purchase contract.
15. Data Protection
16. Protection of Minors
The sale of alcohol to customers under the age of 18 is prohibited by law. Our offer regarding the sale of alcohol is therefore exclusively made towards legal adults. By placing an order containing alcoholic beverages, the customer confirms being of legal age (18 years) to do so.
17. Modification of Terms and Conditions / Right to Make Changes
We are 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 German.
20. Contract Law
Contracts shall be governed by Austrian law.
21. Arbitration Board and Online Dispute Resolution
In the event of a dispute, we commit to participating in the arbitration process of the Internet ombudsman: www.ombudsmann.a
In the event of problems you can use this platform to file a complaint and to request for it to be handled by an independent dispute resolution board: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
Our email address: firstname.lastname@example.org
Based on model terms and conditions of VON ZANTHIER & SCHULZ