Terms and Conditions (GBT – General Business Terms)
Company: Okonkwo Viktoria
Address: Reschgasse 12, 1120 Wien
Phone: 0699 11294544
Owner / Managing Director: Viktoria Okonkwo
(referred to as „Seller“ „)
1.1 These terms and conditions and the controlled withdrawal rights and withdrawal effects in Chapter 8 – apply, unless expressly agreed otherwise – for contracts between seller and consumers. This applies irrespective of whether a contract has been made online via our website (http://www.lashesnails-dvelite.com) or closed offline. For transactions with companies also the provisions in Section II is applicable.
1.2 By submitting the contractual acceptance (see section 1.4), the customer accepts these terms and conditions. Contracts are only possible on these terms. Diverging, conflicting, limiting or supplementary terms and conditions have to be agreed explicitly by us before being valid, for the individual case. Fulfilling parts of the contract is not accepting any deviation from our terms and conditions.
1.3 If there are several independent contracts closed in a temporally spaced time (see section 1.4) the latest version of our terms and conditions published is becoming part of the contract. Several contracts with a particular customer do not express a framework agreement neither a continuing obligation nor a claim on other contracts.
1.4 Contract Closing
1.4.1 The presentation of our products on http://www.lashesnails-dvelite.com/ or in person is not an offer in the legal sense. The offer is made in each case as shown in Section 1.4.3 exclusively by the customer.
1.4.2 The offer for the customers is done offline by handing over the goods and the payment therefore. We accept such an offer by receiving the purchase price and delivery of the goods.
1.4.3 For orders via e-mail the contract is closed with the confirmation from our side. The customer is accepting our prices and conditions.
On our website the customer’s offer is made by ordering articles. With pressing the button “Order now” the customer’s order is binding for him. The customer is getting an acknowledgment of receipt of its orders via E-Mail and it will be displayed directly on the website. Please note, that the order is not representing a binding offer for us. Only after we confirm the customer’s order it is binding for the seller too. We are also entitled to accept orders only in part or reject without giving reasons. Should you not receive a message, despite valid entered email address, please contact us at firstname.lastname@example.org
2 Registering on the site, site access
2.1 During the ordering process, the customer must register on the website.
2.2 The customer must be at least 18 years and have full legal capacity. By sending the registration form or the order the customer confirms the correctness of the information, in particular his name, his age, his capacity and his address.
2.3 Your email address is automatically your user name. Choose your own password.
2.4 The customer is responsible for maintaining the confidentiality of the password. A further inspection requirement does not apply to us. Any person who logs to the website with username and password is authorized to issue orders for the registered customers thus legally effective. We recommend to change the password periodically.
2.5 We take no responsibility for interrupted operations of the website. We are entitled at any time without notice, to carry out work on the site, involving the shutdown / interruption with it. We are also not obliged to make a specific server capacity available, longer response times and overload times can be expected.
3 Prices & Shipping
3.1 The stated prices on the website include 20% VAT. Any additional costs in freight, delivery, shipping or others we indicate before the customers is sending the order where costs can be calculated reasonably in advance. If these charges cannot reasonably be calculated in advance, we refer to such additional costs before submitting the offer by the customer in advance.
4 Terms of Payment
4.1 Unless agreed otherwise all products have been paid in advance before handling the shipping the order. The purchase price can be met via Paypal or paying via wire transfer (Bank Überweisung), for orders via e-mail or telephone only by bank transfer. When you select the „pickup“ option, the customer gets a separate e-mail, when his goods are ready for collection and when he can get them. This requires the payment for the goods in advance. Only with the explicit consent of the seller, a cash on collection is allowed. The purchase price is due at once at our acceptance of the offer. Before receiving the payment, the goods are not delivered or shipped. The customers allowes “Paypal” to take the amount of money immediately from his/her paypal account. The amount will be deducted directly from the customer’s choice of payment.
5 Production hours – delivery
5.1 The shipping (posting by us) is performed at an online purchase – if not indicated by a separate message or informed otherwise – within 4-5 business days after confirmation of the order (clause 1.4.3). The choice of carrier is at our discretion, but without responsibility for the choice of the fastest and cheapest dispatch.
5.2 We are not responsible for circumstances out of our control, such as unforeseeable operational disturbances, official interventions, transport and customs clearance, transport damage, the Committee of important production and labor disputes to prolong the duration of the hindrance.
5.3 Delivery will be made to the delivery address specified by the customer. Any additional costs which are caused by an incorrect delivery address have to be covered by the customer.
6 Cancellation and withdrawal rights and consequences for consumers to FAGG (1.6 to 7.6) or the Consumer Protection Act
6.1 If the customer is a consumer under the Consumer Protection Act and he has closed a contract based on these Conditions either as a distance contract (e.g. phone, E-Mail) or not at our company address, he may withdraw from this contract within the given deadline specified in section 6.2 of time without giving reasons. This does not apply to cases mentioned in 6.8 exceptional cases. For the cancellation the buyer must contact us with a clear statement (eg a consigned by post mail, fax or email – see point 1) of his decision to withdraw from this contract. The withdrawal is, however, not bound to any particular shape. Please note, that in order to withdraw from the order we have to receive the cancellation in order to be effective. The customer can do so via the withdrawal form, but is not mandatory.
6.2 The withdrawal period is as follows:
6.2.1 For contracts of normal delivery of goods the deadline 14 days from the day is when the consumer or a representative of third party, other than the carrier, acquires the material possession of the goods.
6.2.2 For contracts for regular delivery of goods during a specified period of time, the deadline 14 days from the day is when the consumer or a representative of third party, other than the carrier, acquires the material possession of the goods first delivered.
6.2.3 The withdrawal period according to point 6.2.1 to 6.2.3 has been observed if the cancellation is sent within the time limit. Please note, however, that the revocation must be received in order to be effective (the risk in the case of postal or electronic communication (fax, email) is yours).
6.3 If we miss our duty to inform you prior closing the order about your withdrawal rights according to § 4 Paragraph 1 No. 8 FAGG, then the withdrawal period from point 8.2 is getting extended by twelve months. If we fulfill our information duty within this period, the withdrawal period ends 14 days after the consumer receives that information.
6.4 If the consumer withdraws from the contract, the customer is getting refunded, including the costs of supply (with the exception of the additional costs arising from the fact that the consumer is getting a type of delivery other than the standard one offered by us, has been chosen). The customer is repaid immediately within 14 days from the date on which the notification has been received. For this repayment, we use the same means of payment that the consumer has used in the original transaction, unless it has been explicitly agreed otherwise. In no case the consumer will be charged fees for this repayment. For sales contracts or other on the acquisition for consideration of a product-related contracts, we may withhold reimbursement until we either get back the goods, or the consumer has provided proof of the proper return of the goods, provided that we have not offered to collect the goods himself.
6.5 The consumer shall send back the goods immediately and in any event not later than 14 days from the date on which the latter notifies us of any cancellation of this contract. The deadline is met if the consumer sends the goods before the deadline of 14 days. The consumer bears the direct cost of returning. The consumer only has to pay for any diminished value of the goods, where the value loss is due to a necessary to ascertain the nature, characteristics and functioning of the goods handled by the consumer. However, the consumer is not liable for diminished value of the goods, if he has not been informed by us about his right of withdrawal.
6.6 If the consumer, in case of a contract for services, requires them to begin during the withdrawal period and he acts on his/her withdrawal right, then the customer shall pay us a reasonable amount corresponding to service already fulfilled to that time.
6.7 The consumer has, is in accordance with § 18 para 1 FAGG, no right of withdrawal when concluding contracts on:
6.7.1 Services if we – begun before the end of the withdrawal period according to § 11 FAGG with the execution of the contract – based on an explicit desire of the consumer according to § 10 FAGG and a confirmation of the consumer through its knowledge of the loss of the right to withdraw the full contract and the service was then deemed complete in this period.
6.7.2 goods produced according to customer specifications or clearly tailored to personal needs,
6.7.3 Products which were mixed after its delivery due to their nature inseparably with other goods
7.1 With regard to consumer’s defective goods are subject to the legal warranty regulations (§8 KSchG). There is no warranty for damage, caused by improper use or handling of the product by the customer. The same applies to ordinary depreciation.
7.2 The product images on the website and / or in our folders can differ from the appearance of the products supplied under the resolution and size in terms of colour and size. The delivered goods matching the order if the delivered pieces fulfil the other product specifications.
7.3 If the customer is a consumer under the Consumer Protection Act, he has to check the delivery according to correctness and other faultlessness, in particular integrity of the packaging, upon receipt and inform us about any defects by e-mail to email@example.com.This is only helping processing the claim faster. A breach of this obligation does not restrict the statutory warranty rights of the consumer.
7.4 If the consumer demands the return of the goods and the goods are actually defective, we bear the costs. Otherwise, any costs of shipment are to be covered by the consumer. Defective goods must therefore be sent back only on our specific request.
8.1 We are liable for damages under the statutory provisions. Liability for slight negligence inflicted damage is excluded. This limitation does not apply to damages resulting from injury to life, limb or health of people and for claims under the Product Liability Act.
9 Data Protection, Change of Address
9.1 Data given by the customer to us such as Name, address, email, telephone number and delivery address are stored and processed by us. We use the data in accordance with legal authorization to execute the order. This includes the transfer of address, email and telephone number to the shipping company (for example, DPD, Österreichische Post AG), to ensure the delivery of the goods. By checking the box for the data protection agreement, the customer explicitly agrees that the information provided by him (such as name, address, email, telephone number and delivery address) can be used for our own marketing purposes and thus particularly for submissions to commercial purposes is stored and processed by SMS and e-mail in accordance with § 107 TKG. Any further disclosure of personal data to third parties does not take place. Both approvals can – also separated – at any time (for example, by mail to firstname.lastname@example.org ) be revoked.
Our company makes use (under the statutory provisions of § 10 Act 2000) of the possibility using a service provider, which has committed itself under §11 DSG to meet its obligations. Neither our company, nor our partners (service providers) data are leaved or delivered, which are domiciled outside the European Economic Area. We are obliged to comply with the data security measures (§14 DSG) and data confidentiality (§15 DSG).
9.2 The customer is obligated to notify us of changes in his residential or business address and contact information immediately, during an existing business relationship. If he fails to inform us, declarations shall also be deemed received, if they are sent to the last known address given by the customer.
10 Jurisdiction, Applicable Law, Miscellaneous
10.1 Jurisdiction for all disputes from this contract is the court in Vienna 1120, except in the cases referred to 12.2. Our right to call another for the customer responsible court remains unaffected.
10.2 If our customer is a consumer and is domiciled in Austria during contract closing or is a habitually resident of Austria, or is he employed in the country the consumer can be justified for a lawsuit against him only in the jurisdiction of the court where the consumer is domiciled, has habitual residency or place of employment. If the customer is a consumer, and he/she is resident of another EU membership country, the lawsuit can be taken to the above court in Austria. A lawsuit against the consumer can only brought into a court, where the consumer has his/her residencies.
10.3 The substantive law of the Republic of Austria is exclusively valid under exclusion of law rules and the UN Sales Convention.
10.4 If any provision of these conditions be wholly or partly ineffective, the validity of the remaining provisions shall not be affected and the contracts therefore concluded on the basis of this terms. The wholly or partly ineffective regulation is replaced exclusively for contracts with entrepreneurs through a regulation, which comes next of the purpose of the invalid provision.
SECTION II -. Entrepreneurs Business
If a contract is concluded in accordance with 1.1 with a contractor/entrepreneur, the following provisions shall apply in addition:
II / 1 Warranty
If the customer is an entrepreneur, he has to check the goods for completeness, correctness and other faultlessness, in particular package integrity. In the event of defects, he has this to complain to email@example.com within a reasonable time, but not later than four business days after receiving of the goods by e-mail. Later recognizable defects are also immediately being reported at the latest within four business days after discovery. If the entrepreneur has found and reprimanded defects within the notice period, the delivery is considered approved and dispensed so that all claims such as errors or damages for a later alleged deviation or defect (§ 377 UGB) is not valid or applicable. This also applies regarding any incorrect deliveries or deviations of the delivery quantity. If the customer is an entrepreneur, we shall have exclusive choice of legal remedy to eliminate a timely notice of defect. We are free also to convert the agreement immediately. If the customer is an entrepreneur he has to bear the cost of returning the goods to improve or replacement.
II / 2 Liability
Customers who are entrepreneurs have to prove the existence of intent or gross negligence and to make claims for compensation within one year from the transfer of risk claims. The rules on compensation contained in these terms or otherwise agreed shall also apply if the claim for damages is made in addition to or instead of a warranty claim.
If the customer is an entrepreneur, any recourse claims under § 12 shall be excluded Product Liability Act, unless the claimant proves that the error was caused in our sphere and has been at least gross negligence.
II / 3 Withheld and netting
Justified complaints do not entitle customers (entrepreneurs) to withhold the bill. Offsetting of alleged counterclaims against the demand for payment is not permitted, unless we explicitly agree to this.
II / 4 Choice of Law; Fulfilment and jurisdiction
All terms are enforced by Austrian law excluding the referral rules of UN Kaufrechtes (UN Sales Convention). Place of fulfilment is Vienna. For disputes arising from or about these Conditions the exclusive jurisdiction of the District Court for Commercial Matters or the Commercial Court in Vienna is agreed, according to the size of the claim.