Terms & Conditions

Basic Provisions

The following General Terms and Conditions (hereinafter "T&C") apply to contracts concluded between you as a customer and us, dayr GmbH, via our website dayractive.com. Unless otherwise agreed, the inclusion of your own terms and conditions is hereby rejected.

A consumer within the meaning of these terms is any natural person who enters into a legal transaction for purposes that are predominantly not related to their commercial or independent professional activity.

A business customer (entrepreneur) is any natural or legal person or a legally recognized partnership that acts in the exercise of their commercial or self-employed professional activity when concluding a legal transaction.

Conclusion of the Contract

The subject of the contract is the sale of goods.

By displaying our products on our website, we provide a binding offer to conclude a purchase contract under the conditions specified in the product description.

The contract is concluded via the online shopping cart system as follows:
The items you intend to purchase are placed in the shopping cart. You can review and modify the contents of your shopping cart at any time via the corresponding button.
After proceeding to checkout, entering personal details, selecting a payment and shipping method, and reviewing your order summary, you can finalize your purchase.

If you choose an instant payment system (e.g., PayPal, bank transfer), you will either be redirected to our order summary page or to the respective payment provider's website. Once the payment process is completed, you will either return to our shop or receive a final order summary.

Before placing the order, you can review, edit, or cancel your order at any time. By clicking the "Buy Now" button (or a similar designation), you legally accept our offer, and the contract is concluded.

The order process and all relevant contract details are sent to you via email. Please ensure that the email address you provide is correct and that you can receive emails (including checking your spam folder).

Retention of Title & Right of Retentio

The right of retention can only be exercised for claims arising from the same contractual relationship. The goods remain our property until full payment has been received.

Warranty & Liability

Statutory warranty rights apply under Austrian law.

As a consumer, you are requested to inspect the goods immediately upon delivery and report any visible defects or transport damages to both us and the shipping company as soon as possible. Failure to report issues does not affect your statutory warranty rights.

If a product deviates from the objective requirements, this deviation is only valid if you were explicitly informed before concluding the contract and agreed to it separately.

Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law only applies insofar as it does not deprive them of their rights under mandatory consumer protection laws in their country of residence (favorability principle).

The place of fulfillment and jurisdiction for all contractual obligations is our registered office, provided that you are a business customer (entrepreneur), a legal entity under public law, or a special public fund. If you do not have a general place of jurisdiction in Austria or the EU, or if your place of residence is unknown at the time of legal proceedings, our registered office shall be the place of jurisdiction.
However, we retain the right to bring legal action in any other legally permissible jurisdiction.

The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.