Terms and Conditions
General terms and conditions with information for customers
1. Scope of application
1.1. The following general terms and conditions apply exclusively to the business relationship between Martina Stryckova, Gerichtsgrabenstraße 32, AT-8790 Eisenerz, (hereinafter as “Seller”) and the buyer (hereinafter as “buyer”) in the version that is valid at the time of the order.
1.2. If you have questions, complaints and objections, please, feel free to contact our customer service on working days from 9 AM until 6 PM at +43 660 692 03 22 as well as per e-mail at [email protected]
1.3. According to these terms and conditions, a consumer is defined as a physical entity closing a legal act of purchase for a purpose which does not relate to their commercial or entrepreneurial profession.
1.4. Other conditions of the customer are not applicable, unless explicitly accepted by the Seller.
2. Offers and description of services
2.1. Depiction of the products in the e-shop represents no legally binding offer, it only represents the opportunity to place an order. Description of services on the webpage of the seller provides no representation or warranty.
2.2 All offers are valid “until sold out”, unless otherwise stated in product description. Errors and omissions shall remain excepted.
3. Ordering process and conclusion of a contract
3.1. The customer can choose products from the portfolio of the seller without commitment to buy and can place them via specified Button [Add to cart] into a so-called shopping cart. In the shopping cart, the customer can edit the product choice, e.g. remove a product. Finally, the customer can proceed to check out in the shopping cart via specified Button [Checkout] and proceed to the end of the process.
3.2. The customer commits to buy the goods placed in the shopping cart via specified Button [Place the order]. Before placing the order, the customer can change and check the data anytime through the feature “Back” available in the browser or they can completely cancel the ordering process. Requested information is marked with an asterisk (*).
3.3. In the next step the Seller sends an automatic receipt confirmation to the customer per e-mail, including the order of the customer. Customer can print it through feature “Print” (confirmation of placing the order). Automatic receipt confirmation confirms only that the seller received the order of the customer and is not the confirmation of the actual order. Sales contract is concluded only after the Seller confirmed with sending the order confirmation or invoice.
3.4. In case of payment with bank transfer or PayPal, you receive the contract together with bank details and payment request. If the payment is not credited to the bank account of the Seller after the maturity date and after repeated payment request within 10 calendar days after the order confirmation has been sent, the Seller shall withdraw from the contract, the order becomes invalid and the Seller is not committed to any shipment. Finally, the order is considered as completed for the Buyer as well as for the Seller without any other consequences. A reservation of a product when choosing payment with bank transfer is therefore possible maximum for 10 calendar days.
4. Prices and shipping cost
4.1. All prices listed on the website of the Seller include the valid VAT rate defined by Austrian law.
4.2. The Seller calculates the shipping costs additionally to the listed prices. The shipping costs are clearly stated for the Buyer during the checkout as a separate information.
5. Shipping, availability of goods
5.1. In case of payment with bank transfer, the goods will be shipped after the payment was credited to Seller’s bank account. In case of payment with PayPal, the goods will be shipped after the payment was credited to Seller’s PayPal account.
5.2. If the goods could not be delivered due to reasons caused by the Buyer and will be returned to the Seller, the Seller is entitled to withdraw from the contract and immediately charge the customer with fees, that arose during this procedure.
5.3. If the ordered product is not available, because it was not supplied to the Seller without any fault on their part, the Seller is entitled to withdraw from the contract. If this is the case, the Seller will inform the customer immediately and offer them a comparable product instead. Should no comparable products be available or the customer does not agree to the shipping of the comparable product, the Seller shall immediately reimburse the customer with already paid amount.
5.4. Shipping times and shipping limitations (e.g. limited shipping of certain products only to certain countries) will be announced to the customer in a separate information or this information will be included in the description of the particular product.
6. Payment methods
6.1. The customer can choose a method from the available payment methods before placing the order during the checkout process. Information about available payment methods is also available in a separate information section on the website.
6.2. In case of payment based on the invoice for delivered goods (only b2b customers), the payment must be made within 14 days after date of issue of the invoice. For all other payment methods, the payment should be made in advance without delays.
6.3. If the payment is processed by third parties, e.g. PayPal, this is the subject to their general terms and conditions.
6.4. The maturity of the payment is defined by calendar days and the customer is in delay with the payment as soon as the specified date has passed. In this case the customer is obliged to pay the default interests defined by law.
6.5. The customer’s commitment to pay the default interests does not exclude the enforcement of other damages caused by delay by the Seller.
6.6. The customer is entitled for compensation only if their counterclaims have been legally established or accepted by the Seller. The customer is entitled to enforce the right of retention only if the claims arise from the same contractual relationship.
7. Reserved goods
The delivered goods remain in the ownership of the Seller until the full amount has been paid by the customer.
8. Warranty for defects in quality and guarantee
8.1. Warranty is governed by legal regulations.
8.2. Guarantee is valid for 24 months and it starts after the delivery of the goods to the customer, if not otherwise defined for specific cases. Customers are obliged to read the guarantee conditions before they start the ordering procedure.
8.3 Invoice serves at the same time as a guarantee certificate.
8.4 Buyer can claim guarantee only for products purchased from the Seller. In order to claim the guarantee, the Buyer is obliged to submit to the Seller together with the goods also a complaint describing the details of the product defect. In order to process the complaint it is also necessary to attach copy of the invoice for the product. The returned product must by complete, including accessories and manual, if possible in original packaging. Processing of the complaint within the warranty period (see 8.2) is free of charge. The complaint is processed in 30 days at the latest. Warranty period expires, if the defect has been cause by incorrect handling and usage of the product, e.g. not following the instruction for use, by mechanical damage, by operation under not suitable conditions. Warranty also excludes defects of the product caused by natural disaster. Customer is obliged to deliver the goods to the agreed address and in inform the Seller in advance by email at [email protected] or per phone at +43 660 6920322 – this way we can ensure timely receipt and processing of the complaint.
9.1. The following limitations of liability and liability exclusions apply to the liability of the Seller to compensation of damages regardless the other legal eligibility criteria.
9.2. The Seller is only fully liable for damages caused by their intention or gross negligence.
9.3. Furthermore, the Seller is liable for breaches of significant duties classed as ordinary negligence and violation of which endangers to serve the purpose of the contract or for breaches of duties that need to be served to enable the proper fulfilment of the contract and on fulfilment of which the customer regularly relies. However, in this case, the Seller is only liable for foreseeable damages that are typical for the contract. The Seller is not liable for breaches of duties classed as ordinary negligence others than the ones listed in the above statements regarding the listed duties.
9.4. The above limitations of liability do not apply in case of loss of life, physical injury and damage to health, on defect after application of warranty for the quality of the product and in the event of maliciously concealed defects. Liability under the Product Liability law remains unaffected.
9.5. Should the liability of the Seller be excluded or limited, this applies also to private liability of the employees, representatives and subcontractors.
10. Saving the text of contract
10.1. The customer can print the text of the contract before placing the order to the Seller by using the print feature of the browser in the last step of checkout.
10.2. The Seller sends the order confirmation to the customer to their provided email, including all order details. Together with the order confirmation the customer receives a copy of terms and conditions, return policy instructions and information regarding shipping costs, as well as shipping and payment conditions. If you have registered in the eshop, you can see your orders by accessing your profile section. Furthermore, we will save the contract, however we do not make it available on the internet.
11. Jurisdiction, governing law, contract language
11.1. The place of jurisdiction and performance of all obligations is the residence of the Seller in case the customer is an enterprise, legal entity or a special fund under public law.
11.2. Contract language is German.
11.3. Interface of European Commission for online dispute resolution (DR) for consumer: http://ec.europa.eu/consumers/odr/. We are not committed to take part in dispute resolution proceedings by consumer conciliation committee.