Terms & conditions and revocation instruction
GENERAL TERMS AND CONDITIONS
1) Scope of application
1.1 These General Terms and Conditions (hereinafter "GTC") of Andrea Ehmert, acting under "Ehmert Textile Art" (hereinafter "Seller"), apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods represented by the Seller in his Etsy-Shop. Hereby the inclusion of own conditions of the customer is contradicted, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the Seller's Etsy-Shop do not represent binding offers on the part of the Seller, but serve for the submission of a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller's Etsy shop. After placing the selected goods in the virtual shopping basket and having gone through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping basket by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone or e-mail.
2.3 The Seller may accept the Customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods at the customer is decisive in this respect, or
- by requesting payment from the customer after placing the order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the dispatch of the offer by the customer and ends on the expiry of the fifth day following the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4 When submitting an offer via the Seller's online order form, the text of the contract is stored by the Seller and sent to the customer in text form (e.g. e-mail, fax or letter) together with these General Terms and Conditions after his order has been sent.
2.5 Before placing a binding order via the Seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the zoom function of the browser, with which the display on the screen is enlarged. During the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.
2.6 The German language is available for the conclusion of the contract.
2.7 Orders are usually processed and contacted by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
3) Right of revocation
3.1 Consumers are generally entitled to a right of revocation.
3.2 Further information on the right of revocation can be found in the seller's revocation instructions.
3.3 The right of withdrawal does not apply to consumers who at the time of conclusion of the contract do not belong to any member state of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract is outside the European Union.
4) Prices and terms of payment
4.1 Due to the application of the provisions of § 6 (1) 27 UStG 1994, no VAT will be charged. If necessary, additional delivery and shipping costs will be stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.
4.3 The customer will be informed of the payment option(s) in the seller's Etsy-Shop.
4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4.5 If payment is made by means of a payment method offered by PayPal, payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.6 If the payment method "IMMEDIATELY" is selected, payment is processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter "IMMEDIATELY"). In order to be able to pay the invoice amount via "IMMEDIATELY", the customer must have an online banking account with PIN/TAN procedure activated for participation in "IMMEDIATELY", authenticate himself accordingly during the payment transaction and confirm the payment order to "IMMEDIATELY". The payment transaction will be executed immediately thereafter by "IMMEDIATELY" and the customer's bank account will be debited. The customer can call up more detailed information on the "IMMEDIATELY" payment method on the Internet at https://www.klarna.com/sofort/
5) Delivery and shipping conditions
5.1 Unless otherwise agreed, goods shall be delivered by dispatch to the delivery address specified by the customer. The delivery address specified in the seller's order processing is decisive for the processing of the transaction.
5.2 If the carrier returns the shipped goods to the seller, as delivery to the customer was not possible, the customer shall bear the costs of unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had notified him of the service a reasonable time in advance. Furthermore, this shall not apply with regard to the costs for the consignment if the customer effectively exercises his right of revocation. If the customer exercises his right of revocation effectively, the return costs shall be governed by the provisions of the seller's revocation instructions.
6) Retention of title
If the seller makes advance payment, he retains title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 If the object of purchase is defective, the provisions of the statutory liability for defects shall apply.
7.2 The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
8) Applicable law
The law of the Republic of Austria shall apply to all legal relationships between the parties to the exclusion of the laws governing the international sale of movable goods. In the case of consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
9) Alternative dispute resolution
The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
RIGHT OF REVERSAL
Consumers have a right of revocation under the following conditions, whereby the consumer is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his self-employed professional activity:
A. revocation instruction
right of revocation
You have the right to revoke this contract within fourteen days without giving reasons.
The cancellation period is fourteen days from the day on which you or a third party you have designated, who is not the carrier, took or has taken possession of the last goods.
To exercise your right of withdrawal, you must inform us (Andrea Ehmert, Grazer Strasse 90/1, 2700 Wiener Neustadt, Austria, Tel.: +43-699-11748139, E-Mail: office@ehmert.at) by means of a clear declaration (e.g. a letter or E-Mail sent by post) of your decision to withdraw from this contract. You can use the attached model withdrawal form, but this is not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notice of the exercise of the revocation right before the expiry of the revocation period.
Consequences of the revocation
If you cancel this Agreement, we will refund all payments we have received from you, including delivery costs (except for the additional costs resulting from your choosing a delivery method other than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day we receive notice of your cancellation of this Agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you can prove that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case at the latest within fourteen days from the day on which you inform us of the revocation of this contract. The deadline is met if you dispatch the goods before the expiry of the fourteen-day deadline.
You bear the direct costs of returning the goods.
They shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods which is not necessary for checking the nature, properties and functioning of the goods.
Exclusion or premature expiry of the right of revocation
The right of withdrawal does not apply to contracts for the delivery of newspapers, magazines or periodicals with the exception of subscription contracts.
The right of withdrawal does not apply to consumers who at the time of conclusion of the contract do not belong to any member state of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract is outside the European Union.
General information
1) Please avoid damage and contamination of the goods. Please return the goods to us in their original packaging with all accessories and packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure sufficient protection against transport damage with suitable packaging.
2) Please do not send the goods back to us freight collect. We do not accept freight collect shipments!
3) Please note that the above paragraphs 1-2 are not a prerequisite for the effective exercise of the right of withdrawal.
B. Revocation form
If you wish to cancel the contract, please complete and return this form.
An
Andrea Ehmert
Grazer road 90/1
2700 Vienna Neustadt
Austria
E-mail: office@ehmert.at
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
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Ordered on (*) ____________ / Received on (*) ______________________
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Name of the consumer(s)
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Address of the consumer(s)
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Signature of the consumer(s) (only if communicated on paper)
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date
(*) Delete as applicable
