Terms of Service and Rights of Withdrawal

Dear customers,

On this page you will find the general terms and conditions (AGB) as well as the revocation instruction and the revocation form.

 

PDF-Icon Terms and Conditions for downloading and printing

PDF-Icon Cancellation Instructions for downloading and printing

PDF-Icon Revocation of Purchase - Withdrawal Form for downloading and printing

 

Right of withdrawal

Right of revocation

You have the right to revoke this contract within a period of fourteen days without giving reasons.
In order to exercise your right of revocation, you must inform us of your decision to revoke this agreement by means of a clear statement (e.g. an e-mail, a letter by post).
The declaration must be made before returning the goods.
You can use the attached model withdrawal form, which is not required. You can electronically complete and submit the model withdrawal form or any other unequivocal statement on our website. If you make use of this option, we will immediately send you (eg by e-mail) a confirmation of the receipt of such a revocation. In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.


The revocation must be sent to:

Dipl. Ing. Ahmed Musa
Penzinger Straße 125/5
1140 Wien/Vienna
Austria
Email: office@indien-schmuckkunst.de
Tel.: +43 676 / 878-260-550

In order to maintain the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.

Consequences of revocation

Your payments have to be returned from us immediately and at the latest within fourteen days from the date on which the notice of revocation of this contract has been received by us. We may refuse the repayment until we have recovered the goods or until you have proved that you have returned the goods, whichever is earlier.
In no case will you be charged for these repayment fees.
The time limit is met if you send the goods before the expiry of the period of 14 days.

The return address:

Dipl. Ing. Ahmed Musa
Penzinger Straße 125/5
1140 Wien/Vienna
Austria

The customer bears the immediate cost of returning the goods.

You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.

Terms and Conditions

Contractual conditions in the context of purchase contracts, which are concluded via this online shop between Dipl. Ing. Ahmed Musa, Penzinger Straße 125/5, 1140 Wien/Vienna, Austria - hereinafter referred to as "Provider" - and the respective Buyer - hereinafter referred to as "Customer".

 

§ 1 Scope, Definitions
1. For the business relationship between the Webshop Provider (hereinafter "Provider") and the Customer (hereinafter referred to as "Customer"), the following General Terms and Conditions apply in their version valid at the time of the order. Deviating terms and conditions of the customer are not accepted, unless the provider expressly agrees to their validity.
2. A consumer is any natural person who concludes a legal transaction for purposes which can be attributed to neither his commercial nor his independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, in concluding the contract, is exercising his commercial or independent professional activity.

§ 2 Conclusion of contract
1. The customer can select products from the assortment of the supplier and collect them via the button "Add to cart" in a so-called shopping cart. With the button "Buy" he makes a binding application for the purchase of the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. The customer can at any time before a binding order by pressing the "back button" in the browser on the page on which his data has been recorded. Input errors can be corrected here. By closing the internet browser, the order process can be aborted. However, the application can only be submitted and transmitted if the customer by clicking on the button "I have read the terms and conditions and hereby acknowledge them." accepted these terms of contract and thereby included in its request. If you have chosen a payment method with immediate payment, the contract is concluded at the time of confirmation of the payment order. If you have selected the method of payment in advance, the contract is already concluded if you receive a payment request with the corresponding bank details before acceptance by us. With this payment request, we accept your offer.
2. The confirmation of the receipt of your order is made together with the acceptance of the order immediately after sending by an automated e-mail. With this e-mail confirmation the purchase contract came about.
3. The provider saves the contract text and sends the order data to the customer by e-mail. The terms and conditions of the provider can be viewed by the customer at any time under
https://www.indien-schmuckkunst.de/Terms-of-Service.
Past orders can be seen in the customer area in the private account area.

§ 3 Delivery, shipping, payment
The deadline for delivery begins with payment in advance on the day after the payment order is sent to the transferring bank or other payment methods the day after conclusion of the contract and ends with the expiration of the last day of the deadline. If the last day of the period falls on a Saturday, Sunday or a general public holiday recognized at the place of delivery, the next working day shall be replaced by such day.

§ 4 Retention of title
Until full payment, the delivered goods remain the property of the provider.

§ 5 prices and shipping costs
1. The prices indicated on the website of the provider are final prices plus shipping costs. 
2. The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer.
3. The goods are shipped via UPS, Logoix or Austrian Post. The shipping risk is borne by the provider if the customer is a consumer.

§ 6 Terms of payment
1. The customer can make the payment by the following methods: advance payment or Paypal.
2. The payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, the customer is already in default by default of the appointment. In this case, he has to pay the provider default interest in the amount of 5 percentage points above the base rate.
3. The obligation of the customer to pay default interest does not exclude the assertion of further damages by the provider.

§ 7 Warranty
1. For all goods from our shop, the statutory warranty rights exist.
2. The provider is liable for material defects in accordance with the relevant statutory provisions, in particular §§ 434 ff. BGB. Compared with entrepreneurs, the warranty obligation for goods delivered by the supplier is 12 months.
3. An additional guarantee exists with the goods delivered by the supplier only if this was expressly delivered in the order confirmation to the respective article.

§ 8 Liability
1. Claims of the customer for damages are excluded. This does not apply to claims for damages of the customer resulting from injury to life, limb, health or material contractual obligations (cardinal obligations) as well as liability for other damages based on intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents , Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
2. In case of breach of essential contractual obligations, the provider is only liable for the contractually typical, foreseeable damage, if this was simply caused by negligence, unless it concerns claims for damages of the customer from a loss of life, body or health.
3. The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider, if claims are made directly against them.
4. The provisions of the Product Liability Act remain unaffected.

§ 9 Information on data processing
Data protection is very important to us. Therefore you will find our privacy policy under a separate link on our homepage.

§ 10 Code of Conduct
The seller has submitted to the test criteria of Geprüfter Webshop, which are available on the Internet at https://www.gepruefter-webshop.de/files/6214/5260/7929/Pruefkriterien_Stand_01.2016.pdf.

§ 11 Final provisions
1. Contracts between the supplier and the customer are governed by Austrian law, excluding the UN Sales Convention. In the case of orders from foreign consumers, compulsory regulations or the protection granted by judicial law of the respective country of residence remain valid and apply accordingly.
2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the domicile of the provider.
3. The contract remains binding even in the case of legal ineffectiveness of individual points in its remaining parts. In place of the ineffective points, if available, the statutory provisions. To the extent that this would constitute an unreasonable hardship for one of the contracting parties, however, the contract as a whole becomes ineffective.
4. The contract language is German.

These terms and conditions were created by www.gepruefter-webshop.de and are regularly checked for legal security. In the case of a warning, Geprüfter Webshop assumes full liability for the legal texts created.

PDF-Icon Terms and conditions for downloading and printing

PDF-Icon Cancellation instructions for downloading and printing

PDF-Icon Revocation form for downloading and printing