General terms and conditions of business
the
Galerie Febella
Wien / Austria
GENERAL
The following statements refer to Austrian law.
If you have decided to purchase our products in our online shop, you also declare that you have read and agreed to these General Terms and Conditions (in the version valid at the time of purchase). You therefore also confirm that you are at least 18 years old and are capable of entering into legally binding contracts/purchase agreements. These general terms and conditions apply to all of our deliveries. We do not accept any conflicting customer conditions.
OFFER
Our offers are subject to change.
PRICE
All prices we quote include the statutory Austrian 20% sales tax.
During the first two weeks from the conclusion of the contract, no price changes will be invoiced – unless these have been expressly negotiated in detail. By confirming your purchase you agree to the stated price. Our prices are non-negotiable.
PACKAGING / TRANSPORT / TRANSPORTATION OF RISK
The packaging costs are borne by the buyer. The buyer bears the costs of transport.
The risk of transport passes to the buyer as soon as the goods are delivered to him or to a third party designated by him and other than the carrier. If the buyer has concluded the transport contract himself without using an offered (selection) option, the risk is transferred to the carrier or the buyer when the goods are delivered.
GOODS / ARTICLES
All goods/items offered are new and not used. Many are only individual models and only available once. The description of the goods/items is supplemented by photos and is made to the best of our knowledge and belief. The items offered are available while stocks last.
Liability for unavailability of individual items is excluded. If the goods are not available, we will inform you immediately and we will immediately refund the payment of the total purchase price you have already made.
PAYMENT TERMS
The buyer undertakes to pay the total price in full, including the flat rate postage costs (packaging, shipping and expenses) stated in the item description or by email, and this must be credited to our bank account no later than 7 days after his purchase. If the buyer defaults on his payment obligation, we are entitled to demand compensation in accordance with the statutory provisions and/or to withdraw from the contract.
For international transfers outside the EU, the transfers must be made in EURO and all fees such as bank charges, currency exchange fees, import and export charges, any customs duties, other charges, etc. are borne by the buyer.
For transfers within the EU, fee-free payments must be made via EU transfer with IBAN and BIC.
We only accept payments by bank transfer (bank transfers) – in advance.
Partial payments/installment payments are not accepted. The total purchase price is to be paid without any deductions and free of charges. The invoice for the goods will be enclosed with the shipment.
RETENTION OF TITLE
The goods remain our property until the total purchase price has been paid in full (purchase price including other costs and expenses). Resale is only permitted if we have been notified of this in good time and we agree to the sale.
In the event of late payment, we are entitled to assert our rights arising from the retention of title.
It is agreed that asserting the retention of title does not constitute a withdrawal from the purchase contract, unless we expressly declare the withdrawal from the contract.
CONCLUSION OF CONTRACT
By placing a purchase order (clicking on the “Buy” button) in our webshop, you declare the purchase contract to be binding. Confirmation of receipt of your order occurs together with acceptance of the order immediately after sending using an automated email. This email is confirmation that the purchase contract has been concluded.
In the event of misuse, we will assert claims for damages and block such users from future purchases.
LANGUAGE FOR PURCHASE CONTRACTS
Only the German language is used to conclude purchase contracts and the terms and conditions in this language apply exclusively.
DELIVERY / DELAY IN DELIVERY
Delivery will take place immediately, but no later than 7 working days after receipt of payment.
The buyer must accept minor delivery delays without being entitled to a claim for damages or a right of withdrawal.
In cases of loss of work such as public holidays, strikes or force majeure – the delivery of the goods will be extended accordingly and will be communicated to the buyer immediately in writing (e-mail) or by telephone.
SHIPPING OF THE GOODS
We ship the goods exclusively through Österreichische Post AG.
The shipping costs are based on the tariffs of the Österreichische Post AG. and will be invoiced to the customer.
For every shipment to other EU countries, the costs will be communicated to the customer in writing in advance. Within the EU, the costs are charged as a flat rate (shipping, packaging and expenses) of EUR 30.
We send the goods exclusively through Österreichische Post AG (normally or for fast shipments by Post Express) as an insured letter or package. sums insured –
For more information see www.post.at page.
Reimbursement of the insured sum in the event of loss of the goods will only be granted after an investigation has been completed with Post AG as the transporter.
In the event of damage to the goods in the post, the buyer must claim costs from Österreichischer Post AG as the shipping company.
DELAY OF ACCEPTANCE
If our contractual partner (customer) is in default of acceptance and the goods are returned to us, we are entitled to store the goods with us, for which we charge a storage fee of EUR 10 per calendar day or part thereof. If it is necessary to send the item again, the new postage costs must be borne by the buyer.
WARRANTY
The statutory warranty provisions apply.
In the event of damage caused by improper handling of the goods/items, incorrect care or damage caused by the shipping company, the warranty claim is void.
RETURN / CANCELLATION / RIGHT OF WITHDRAWAL
The cancellation period begins on the day of receipt of the goods by the consumer/customer or a third party named by the consumer who does not act as a carrier and who has acquired physical possession of the goods. The day of receipt of the goods itself is not counted (Section 11 Paragraph 2 FAGG). You therefore have the right to cancel this contract within 14 days without giving reasons.
The goods must be returned within 14 calendar days of the declaration of cancellation being submitted to us and require a prior clear declaration (for example in writing by post or email). You must inform us by means of a clear statement that you are revoking this purchase contract and are therefore returning the goods. We will confirm receipt of the cancellation declaration in writing. Late return of the goods or return without a prior written declaration of withdrawal will not be accepted and will not be accepted.
You must return the goods immediately and in any case no later than fourteen days from the day on which you inform us of your cancellation.
It is the consumer’s responsibility to prove that withdrawal was made in a timely manner.
The goods/items must only be returned in an undamaged, unused, odorless condition and with an intact sign/swing label and in the original packaging and must be announced in advance in writing (e-mail).
Before being sent to the customer, the goods are photographed for proof and checked for accuracy and completeness.
Postage costs for returns must be borne by the buyer.
Reimbursement of the purchase price (no reimbursement of other expenses such as shipping, packaging and expenses) will only be made after the item has been returned in a completely unused, undamaged and odorless condition and with the sign/swing label intact. This product must not show any signs of use (beyond the necessary testing of the product). Any changes or only short-term use of the goods, e.g. for photos, weddings, baptisms, etc., will not be accepted (loss of value / devaluation).
Company address for returns:
Galerie Febella
Jadwiga Szumovski
“Webshop”
Herrengasse 6-8/10
1010 Vienna
AUSTRIA
There is no right of withdrawal (according to § 18 FAGG) for goods:
which were made according to customer requirements or adapted to the customer’s personal needs.
that the customer changes in some way – such as changing the head size, replacing inside and outside straps, sewing in, stretching, etc.
where the original labels/signs/swing labels have been removed (even if these are subsequently reattached)
which are only used for a short time, as we must assume that you have accepted the goods through this use
In the case of goods that are damaged, altered, used, without or with original labels/signs/swing labels subsequently attached, dirty or with an odor and are still returned, we will assert claims for loss of value (100%) against the consumer.
For goods that were declared as freight forwarded shipments – the postage costs will be deducted from the purchase price to be transferred back.
Cancellation form/sample:
At
Galerie Febella
Jadwiga Szumovski
Herrengasse 6-8/10
1010 Vienna
Email: febella@aon.at
I hereby revoke the contract I concluded in the online shop for the purchase of the following goods:
……………………………………………………………………………………………………………………………………………………..
……………………………………………………………………………………………………………………………………………………..
Ordered on
Received at
Name of the consumer
Address of the consumer
Signature of the consumer (only for paper notification)
Date
Subject: Invoice number / date
MONEY REFUND
The purchase price will be refunded within 14 working days of receipt of the declaration of withdrawal, but not before receipt and inspection of the goods.
Refund of the purchase price (no reimbursement of other expenses such as shipping, packaging and expenses) will only be made after the goods have been returned in a completely unchanged, unused, undamaged and odorless condition. This product must not show any signs of use (beyond the necessary testing of the product), and the consumer must pay for any such loss in value (100%).
In the case of a bank transfer (bank transfer), the repayment will be made directly to your bank account (disclosure of your bank details – IBAN) is necessary.
BUSINESS HOURS
We can be reached by telephone from Monday to Friday from 11:00 a.m. to 6:00 p.m.
We can be reached by telephone from Monday to Friday from 11:00 a.m. to 6:00 p.m.
Only Austrian substantive law applies to the purchase contract.
The UN Convention on Contracts for the International Sale of Goods is excluded.
FORM REQUIREMENTS
Declarations, advertisements, etc. addressed to us must be in writing to be legally valid.
DATA PROTECTION
All personal data will be treated confidentially.
The General Data Protection Regulations apply.
INEFFECTIVENESS OF PROVISIONS
If individual provisions of these General Terms and Conditions are ineffective, the remaining provisions remain in effect.
CONTRACTUAL PARTNERS
Galerie Febella
Jadwiga Szumovski
Herrengasse 6-8/10
1010 Vienna, Austria
Tel.: 0043 1 533 62 68
Email: febella@aon.at
JURISDICTION
The place of jurisdiction for both sides is Vienna / Austria