General Terms and Conditions
As of: 13.07.2026
1. Scope of Application
These General Terms and Conditions apply to all orders placed through the online shop of Smart@Home Handels GmbH at shop.smartathome.at.
Customers are consumers or entrepreneurs within the meaning of § 1 of the Konsumentenschutzgesetz (Austrian Consumer Protection Act). An entrepreneur is a person for whom the transaction forms part of the operation of their business. A consumer is a person to whom this does not apply.
Deviating, conflicting or supplementary terms and conditions of entrepreneurs shall only become part of the contract if we expressly agree to their application in writing.
2. Contracting Party
The contracting party is: Smart@Home Handels GmbH, Prinz-Eugen-Straße 35-37, 4020 Linz, Österreich. Company register number: FN 568570h, company register court: Landesgericht Linz, managing director authorised to represent the company: Mario Kremser.
E-mail: office@smartathome.at, telephone: +43 732 99 71 84.
3. Offer and Conclusion of Contract
The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding invitation to place an order.
You can add products to the shopping cart and check and correct your entries at any time before submitting the order. By clicking the „Buy now“ button, you submit a binding offer to purchase the goods contained in the shopping cart.
The automatically sent confirmation of receipt of the order merely confirms receipt of the order and does not constitute acceptance of the contract.
We may accept your offer within five calendar days by means of a separate order confirmation expressly designated as an acceptance, or by dispatching the goods, whichever event occurs first. If no acceptance takes place within this period, you are no longer bound by your offer. Any payments already definitively collected will be refunded without undue delay.
The text of the contract is stored by us after the conclusion of the contract. The order data, these Terms and Conditions and the legally required contractual information will be made available to you on a durable medium, in particular by e-mail. If you have created a customer account, you can view your order data there. No access to the full contract text beyond this is provided.
The contract languages are German, English, French, Italian, Spanish and Czech, depending on the language you select in the checkout.
4. Prices and Shipping Costs
All prices are stated in euros and include statutory value added tax, insofar as this is applicable.
Any additional shipping costs will be stated separately in the checkout before the order is completed.
For deliveries to countries outside the European Union, additional customs duties, import charges, taxes or fees may apply. These are to be borne by you, insofar as they are not already expressly included in the checkout.
5. Payment
The payment methods offered in the checkout apply. Unless otherwise stated, payment is due upon conclusion of the contract.
Depending on the payment method selected, the contractual and data protection terms of the respective payment service provider may additionally apply.
6. Delivery and Availability
Delivery is made to the delivery address specified by you and to the delivery countries selectable in the checkout.
Delivery times and delivery restrictions are shown in the online shop, with the product or in the checkout.
If goods prove to be unavailable before acceptance of the order, we shall not accept the offer and will inform you without undue delay. Any payments already made or definitively collected will be refunded without undue delay. After the contract has come into existence, the statutory provisions shall apply with regard to any subsequent impossibility or delay in delivery.
7. Undeliverable Consignments and Default of Acceptance
If a consignment offered in accordance with the contract cannot be delivered because of a delivery address stated incorrectly or incompletely by the customer, or because the customer failed to collect it despite proper notification, and the customer is thereby in default of acceptance, the contract remains in force, provided that it has not been effectively withdrawn from or otherwise terminated.
We may claim the additional costs of the default of acceptance that were actually incurred, necessary and reasonable, in particular the costs of return transport, of a renewed dispatch and of any necessary storage. Before charging storage costs, we will inform the customer of the further handling and set a reasonable period for collection or renewed delivery.
No costs will be charged if the failed delivery was caused by us, by the transport service provider engaged by us, or by any other circumstance not attributable to the customer. Statutory rights of withdrawal and warranty remain unaffected.
8. Retention of Title
The goods remain our property until full payment has been made.
For entrepreneurs, the following applies in addition: We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full.
9. Right of Withdrawal / Right of Cancellation for Consumers
In the case of distance contracts, consumers are, in principle, entitled to a statutory right of withdrawal or cancellation. Details, deadlines, consequences and the model withdrawal form can be found in our withdrawal notice.
Compensation for diminished value: Consumers only have to pay for a diminution in the market value of the goods if this diminution is attributable to handling of the goods that was not necessary to ascertain the nature, characteristics and functioning of the goods. Only the specifically incurred and verifiably determined diminished value is decisive. No flat-rate processing, inspection, storage or restocking fee will be charged when the statutory right of withdrawal or cancellation is exercised.
For entrepreneurs, there is no statutory right of withdrawal or cancellation in distance selling, unless expressly agreed otherwise.
10. Voluntary Return of Defect-Free Goods
Outside of statutory rights of withdrawal, cancellation, warranty or other rights of return, there is no entitlement to the return of defect-free goods. We may voluntarily agree to a return in individual cases. The conditions of such a voluntary return, including any deduction for actually necessary and reasonable inspection, reconditioning, packaging or restocking costs, will be expressly agreed in text form before the return shipment. Statutory rights of customers remain unaffected.
Vis-à-vis entrepreneurs, a voluntary return of defect-free goods may be made subject to a previously agreed, reasonable return fee.
11. Statutory Warranty
The statutory warranty provisions apply.
The statutory warranty rights of consumers are not restricted by these Terms and Conditions.
For goods with digital elements and for digital services, the statutory provisions apply, including any statutory update obligations, insofar as these are applicable.
12. Voluntary Guarantees
In addition to statutory warranty rights, voluntary guarantees may exist. The scope, duration, conditions and procedure result from the respective guarantee declaration.
Voluntary guarantees do not restrict statutory warranty rights.
13. Liability
Vis-à-vis consumers, the statutory provisions on damages and liability apply. These Terms and Conditions do not restrict the statutory claims for damages of consumers.
Vis-à-vis entrepreneurs, liability for damage caused by slight negligence is excluded, with the exception of personal injury. Liability for intent and gross negligence, as well as liability under the Produkthaftungsgesetz (Austrian Product Liability Act) and under other mandatory statutory provisions, remains unaffected.
14. Customer Service and Complaints
For questions, complaints or claims, you can reach us at: e-mail: office@smartathome.at, telephone: +43 732 99 71 84.
15. Alternative Dispute Resolution
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
In the case of a specific consumer dispute, we will inform consumers in accordance with § 19 para. 3 of the Alternative-Streitbeilegung-Gesetz (Austrian Alternative Dispute Resolution Act) on a durable medium about the competent body for alternative dispute resolution and about whether we will participate in such proceedings.
16. Applicable Law
Austrian law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
For consumers, this choice of law applies only insofar as the protection of mandatory provisions of the state in which the consumer has their habitual residence is not thereby withdrawn.
17. Place of Jurisdiction for Entrepreneurs
Insofar as customers are entrepreneurs, the court with subject-matter jurisdiction at the registered seat of Smart@Home Handels GmbH shall have jurisdiction for all disputes arising from or in connection with this contractual relationship, insofar as legally permissible.
For consumers, the statutory places of jurisdiction apply.
18. Final Provisions
Should individual provisions of these Terms and Conditions be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.
In place of the invalid provision, the statutory provisions shall apply.