Conditions
General terms and conditions of business
General terms and conditions with customer information
1. Scope
2. Offers and service descriptions
3. Ordering process and conclusion of contract
4. Right of Withdrawal
5. Prices and shipping costs
6. Delivery, Availability of Goods
7. Payment Arrangements
8. Retention of Title
9. Warranty and Guarantee
10. Liability
11. Storage of the text of the contract
12. Final Provisions
1. Scope
1.1. For the business relationship between Unique Soul Art (Ramona Hackl Photography eU, owner: Ramona Hackl, Worterberg 186, 8293 Wortberg, Austria (hereinafter "seller") and the customer (hereinafter "customer"), the following general terms and conditions apply exclusively in their at the time version valid for the order.
1.2. You can reach our customer service for questions, complaints and complaints on weekdays from 9:00 a.m. to 5:00 p.m. on the telephone number +43664 42 14 514 or by e-mail at hello@uniquesoul.art
1.3. A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed (§ 13 BGB).
1.4. Deviating conditions of the customer are not recognized unless the seller expressly agrees to their validity.
2. Offers and service descriptions
The presentation of the products in the online shop does not represent a legally binding offer, but an invitation to place an order. Descriptions of services in catalogs and on the seller's websites do not have the character of an assurance or guarantee.
All offers are valid "while stocks last" unless otherwise noted on the products. Apart from that, errors remain reserved.
3. Ordering process and conclusion of contract
3.1. The customer can select products from the range of the seller without obligation (buy it now) or have products made according to his wishes and collect them in a so-called shopping cart using the [Add to shopping cart] button. Within the shopping cart, the product selection can be changed, eg deleted. The customer can then use the [Continue to checkout] button in the shopping cart to complete the ordering process.
3.2. The customer submits a binding request to purchase the goods in the shopping cart by clicking the [Order with obligation to pay] button. Before sending the order, the customer can change and view the data at any time and use the browser function "back" to go back to the shopping cart or cancel the order process altogether. Required information is marked with an asterisk (*).
3.3. The seller then sends the customer an automatic acknowledgment of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function (order confirmation). The automatic acknowledgment of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded when the seller dispatches the ordered product to the customer, hand it over or dispatches it to the customer within 30 days with a second e-mail, express order confirmation or sending of the invoice.
3.4. If the seller enables payment in advance, the contract is concluded when the bank details and payment request are provided. If the payment is not received by the seller within 10 calendar days after the order confirmation has been sent, even after a renewed request, the seller withdraws from the contract with the result that the order is no longer valid and the seller is not obliged to deliver. The order is then completed for the buyer and seller without further consequences. A reservation of the item in the case of prepayment is therefore made for a maximum of 10 calendar days.
4. Right of Withdrawal
The following provisions apply to consumers within the meaning of § 1 KSchG who place orders in the online shop:
4.1 In the case of contracts for the delivery of goods, the customer can withdraw from the concluded contract in writing, e.g. by letter, fax or e-mail, without giving reasons, within 14 days of the day the goods were received by the consumer. The revocation is to be sent to the address given in point 1.1. and 1.2. stated contact details of the seller.
4.2 In the event of an effective revocation, the services received by both parties are to be returned and, if necessary, any benefits drawn are to be surrendered. If the customer cannot return the received service in whole or in part, the customer may have to compensate the seller for the value. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for the customer with the dispatch of his declaration of revocation, for the seller with its receipt.
4.3 In order to exercise the revocation specified in this point, the customer can use the following revocation form:
(If you want to revoke the contract, please fill out this form and send it back)
To [name, address], Austria, email [·]:
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)
Ordered on (*)/received on (*)
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if notification is on paper)
Date
4.4 In the event of a return of goods, the customer must return the goods in full and in suitable packaging and bear the costs for the return shipment.
4.5 The customer is only liable for any loss in value of the goods if this loss in value is due to handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
4.6 The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. (Individual production)
5. Prices and shipping costs
5.1. All prices stated on the seller's website include the applicable statutory sales tax.
5.2. In addition to the stated prices, the seller charges shipping costs for the delivery. The shipping costs will be clearly communicated to the buyer on a separate information page and as part of the ordering process.
6. Delivery, Availability of Goods
6.1. Unless we have clearly stated otherwise in the product description, all items offered will only be manufactured after the order has been received.
6.2. If the delivery of the goods fails due to the fault of the buyer despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be reimbursed to the customer immediately.
6.3. If the ordered product is not available because the seller is not supplied with this product by his supplier through no fault of his own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or the customer does not want a comparable product to be delivered, the seller will immediately reimburse the customer for any consideration already paid.
6.4. Customers are informed about delivery times and delivery restrictions (e.g. limitation of deliveries to certain countries) on a separate information page or within the respective product description.
7. Payment Arrangements
7.1. The customer can choose from the available payment methods as part of and before completing the ordering process. Customers are informed about the available means of payment on a separate information page.
7.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
7.3. If third-party providers are commissioned to process payments, e.g. Paypal. their general terms and conditions apply.
7.4. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, the customer has to pay the statutory interest on arrears.
7.5. The obligation of the customer to pay interest on arrears does not exclude the assertion of further damages by the seller.
7.6. The customer only has the right to offset if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.
8. Retention of Title
The delivered goods remain the property of the seller until full payment has been made.
9. Warranty and Guarantee
9.1. The warranty is determined by legal regulations.
9.2. A guarantee exists for the goods delivered by the seller only if this has been expressly given. Customers will be informed of the warranty conditions prior to initiating the ordering process.
10. Liability
10.1. The following exclusions and limitations of liability shall apply to the seller's liability for damages, irrespective of the other statutory requirements for claims.
10.2. The seller is liable without limitation if the cause of the damage is based on intent or gross negligence.
10.3. Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations whose fulfillment makes the proper execution of the contract possible in the first place and on the observance of which the customer regularly relies. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than those specified in the preceding sentences.
10.4. The above limitations of liability do not apply in the event of injury to life, limb or health, for a defect after the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
10.5. Insofar as the seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
11. Storage of the text of the contract
11.1. The customer can print out the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.
11.2. The seller also sends the customer an order confirmation with all order data to the e-mail address provided by him. With the order confirmation, but no later than upon delivery of the goods, the customer also receives a copy of the terms and conditions together with the cancellation policy and information on shipping costs as well as delivery and payment conditions. If you have registered in our shop, you can view the orders you have placed in your profile area. In addition, we save the text of the contract, but do not make it accessible on the Internet.
Note: Please note below that the link http://ec.europa.eu/consumers/odr/ must be clickable
12. Final Provisions
12.1. The place of jurisdiction and performance is the seller's registered office if the customer is a merchant, a legal entity under public law or a special fund under public law.
12.2. Contract language is German.
12.3. Platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/ . We are not willing and not obliged to participate in a dispute settlement procedure before a consumer arbitration board.