General Terms and Conditions (GTC)

1. General

Version of these GTC: 21/08/2026

1.1.

These general terms and conditions ("GTC") apply to orders, sales and deliveries of products ("Products") offered and sold in this web shop ("Web Shop") via the website https://3by3department.com.

1.2.

The contract language is German.

2. Scope

2.1.

These GTC apply where the buyer is a consumer within the meaning of Section 1 of the Austrian Consumer Protection Act (KSchG) ("Customer").

3. Amendments to the GTC

3.1.

The provider reserves the right to amend these GTC. The GTC in force at the time the purchase is concluded apply to the sale of Products.

4. Customer Account

4.1.

To order Products, the Customer may create a customer account in the Web Shop. Creating a customer account requires the Customer to provide certain information.

Orders can also be placed without a customer account.

5. Order, Order Confirmation, Shipping Confirmation

5.1.

The ordering process consists of the following steps:

•       selecting the desired goods

•       adding the goods to the shopping cart

•       entering personal data

•       selecting the payment method and delivery method

•       reviewing and, if necessary, correcting the order

•       bindingly submitting the order by clicking "order with obligation to pay"

5.2.

The Products and prices shown in the Web Shop constitute an invitation to the Customer to submit a binding offer to the provider for the purchase of the Products ("Order"). By clicking the button labelled "order with obligation to pay", or any equivalent wording, the Customer transmits the binding Order to the provider. Images and drawings of the goods are approximate values only, unless expressly stated as a fixed value for the respective Product. The Customer accepts minor and objectively justified deviations.

5.3.

The provider will promptly send a confirmation to the email address provided by the Customer stating that the Order has been received by the provider ("Order Confirmation"). This Order Confirmation does not constitute acceptance of the Customer’s Order; it merely confirms that the Order has reached the provider.

5.4.

Depending on the payment method selected, acceptance takes place at different times and in different forms:

•       by sending an order acceptance by email, whereby the time at which the order acceptance reaches the Customer is decisive.

•       by dispatching the ordered goods to the Customer, whereby a shipping confirmation sent to the Customer is to be understood as the order acceptance. If no separate shipping confirmation is sent to the Customer, the receipt of the goods by the Customer is decisive.

•       by sending a request for payment.

5.5.

The Customer must ensure that all information provided in connection with an Order, in particular the data required for shipping, is accurate, correct and up to date. The Customer must notify the provider of any changes to this information without delay.

5.6.

After the contract is concluded, the provider will send the Customer an electronic invoice. The Customer agrees to receive an electronic invoice.

6. Payment Terms

6.1.

All prices stated are in euros including VAT but excluding shipping costs, unless stated otherwise. Shipping costs are displayed to the Customer before the Order is placed.

6.2.

Payment in the Web Shop can be made using the following payment methods: credit card, Apple Pay, Google Pay, Mastercard, debit card, Visa, EPS.

6.3.

Shipping costs depend on the Order and are stated by the provider before the Order is placed as well as in the Order Confirmation.

7. Delivery

7.1.

The shipping methods stated by the provider in the Web Shop are available to the Customer.

7.2.

The delivery dates stated by the provider are based on the information provided by the shipping service provider engaged. Unless a different delivery date is stated for the respective Products, delivery of the Products to the Customer takes no more than 30 days from conclusion of the contract.

7.3.

If a delivery date cannot be met due to force majeure, industrial action or other events beyond the provider’s control, the delivery date shall in any case be extended reasonably for the duration of the impediment. The provider will notify the Customer of the beginning and the end of such circumstances as soon as possible; no claims may be derived by the Customer from a failure to give such notice.

7.4.

If the Customer is in default of acceptance of the Products, the warranty period for the provider’s performance begins to run.

8. Retention of Title

8.1.

The provider retains title to the Products until the purchase price and ancillary costs (in particular shipping costs) have been paid in full by the Customer.

9. Default by the Provider

9.1.

If the provider is in default with its performance, the Customer must first request the provider to render performance within a reasonable grace period of two weeks. If the provider fails to perform within this period, the Customer may withdraw from the contract or continue to demand performance.

10. Warranty

10.1.

3by3 Department provides warranty within the scope of the statutory provisions. For complaints, please contact 3by3.department@gmail.com.

10.2.

The provider may require the Customer, where this is reasonable for the Customer, to send the defective Products to the provider, whereby the provider bears the risk of transmission and the costs of return shipment. Customers are asked to report goods delivered with obvious transport damage to the delivery service and to inform the provider accordingly. Failure by the Customer to do so has no effect whatsoever on the Customer’s warranty claims.

11. Liability and Damages

11.1.

The provider’s liability for damage caused by slight negligence is excluded, with the exception of personal injury and primary contractual obligations. Liability is further excluded for pure financial loss, loss of profit, third-party damage, indirect damage and consequential damage caused by defects. Provisions of this Clause 11 limiting or excluding liability do not apply if and to the extent that the provider has acted with gross negligence or intent.

12. General Provisions

12.1.

Unless Austrian law already applies by virtue of this Web Shop being directed at Austria, the exclusive application of Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods, is deemed agreed.

12.2.

In the case of consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence.

12.3.

The Customer may only offset claims against claims of the provider if the claims are legally connected with those claims, have been acknowledged, or have been established by a court.

12.4.

The Customer is obliged to notify the provider of any change of address. If the Customer fails to notify a change of address, a declaration by the provider sent to the address last notified is nevertheless deemed to have been received by the Customer.