TERMS OF SERVICE
Woodland Fiber Arts
Nadja Prohinig
Biberhaufenweg 45/19
1220 Vienna Austria
Telephone: 0043 660 3980919
office@woodlandfibrearts.com
Managing director and owner: Nadja Prohinig
Trade authority: BH / Magistrat 1220 Vienna
(Hereinafter referred to as “seller” for short).
1 Scope
1.1 These General Terms and Conditions ("GTC") and the rights of withdrawal and consequences of withdrawal for consumers regulated under Item 8 apply - unless otherwise expressly agreed - for the conclusion of contracts between the seller and the customer.
1.2 By submitting his contractual declaration (see point 1.4), the customer accepts these terms and conditions. Contracts can only be concluded under these conditions. We must expressly agree to deviating, conflicting, restrictive or additional terms and conditions and regulations of the customer so that they become part of the contract in individual cases. In particular, acts of performance of the contract on our part do not constitute consent to any conditions that differ from our terms and conditions.
1.3 If several contracts are concluded at different times, the version of the General Terms and Conditions published by the customer at the time the contract declaration is submitted (see Section 1.4) becomes part of the contract. Several contracts concluded with a specific customer do not establish a continuing obligation or any other claim to a new contract of sale without an express written agreement of a framework contract.
1.4 Conclusion of contract
1.4.1 The presentation of our products on our website is not an offer in the legal sense. The offer is made exclusively by the customer as shown in point 1.4.2.
1.4.2 The customer's offer is made on our website by ordering the item. The customer's offer becomes binding for him by clicking on the “Pay now” button. Please note that the customer will be sent a separate confirmation of receipt of his order after we have received his order. Such a confirmation does not yet constitute an acceptance of the offer. Our acceptance takes place only through a separate, written confirmation of order within a reasonable period, or through actual delivery of the ordered goods. A reasonable period is to be understood as a period of no more than 5 working days. We are entitled to only partially accept orders or to reject them without giving reasons. If you do not receive a message despite having entered a valid email address, please contact us at office@woodlandfibrearts.com
2 Registration on the website, website access
2.1 Before placing the first order, the customer must register on the website.
2.2 The customer must be at least 18 years old and have full legal capacity. By sending the registration form, the customer confirms the accuracy of his information, in particular his name, age, legal capacity and address.
2.3 As a new user you can log in by entering your name and assign a password. Now please click on "Create account". Then please enter your name, your email address (for order confirmations) and a password. You will then come to your account. Here you can add all the data, such as B. the billing address or a different delivery address.
2.4 The customer is responsible for keeping the access code confidential. Anyone who logs in with a customer authorization released on the website and the appropriate access code is deemed to be authorized to place orders for the customer registered with it in a legally effective manner. We recommend changing the password regularly.
2.5 We are not liable for the uninterrupted functioning of the website. We are entitled at any time, even without prior notice, to carry out work on the website that results in a shutdown / interruption. We are also not obliged to provide a specific server capacity, so that overloads and longer response times must be expected.
3 Prices, delivery and shipping costs
3.1 Sales tax is not shown as it is exempt from sales tax - small business owners in accordance with Section 6 Paragraph 1 Z 27 UStG.
3.2 We will notify the consumer of all additional delivery, shipping or other costs before submitting his offer, provided that these costs can reasonably be calculated in advance. For deliveries to third countries, the buyer is responsible for all costs incurred in connection with importing the goods (customs costs).
4. Payment terms
Unless otherwise agreed in writing, our claims are to be paid in full and without deduction before delivery of the ordered products. Payment of the purchase price when purchasing via our website is possible using the following payment methods: credit card, PayPal. The purchase price is due immediately upon our acceptance of the offer. The amount equal to the purchase price will therefore be debited from the credit card specified by the customer when choosing to pay by credit card when we accept the offer.
5 Delivery
5.1 The delivery (posting by us) takes place - provided the goods are in stock and nothing else is noted on the website - within 2-5 working days after acceptance of the order by email. The dispatch is carried out by the Austrian Post.
5.2 The delivery period is extended by the duration of the hindrance due to all circumstances independent of the will of the party, such as cases of force majeure, unforeseeable operational disruptions, official interventions, transport and customs clearance delays, transport damage.
5.3 Delivery is made to the delivery address specified by the customer. Any additional costs caused by the customer providing an incorrect delivery address are to be borne by the customer.
6 Right of withdrawal
6.1 The customer can withdraw from this contract until the expiry of the period specified in Section 6.2 without giving reasons. To withdraw from the contract, the customer must provide us with a clear statement (e.g. a letter sent by post or by email - see point 1) of his decision to withdraw from this contract. However, the withdrawal is not tied to any particular form. Please note, however, that we must receive the revocation in order to be effective.
The customer can - but does not have to - use the sample cancellation form attached here:
Declaration of withdrawal / declaration of withdrawal
To the company
Woodland Fiber Arts
Nadja Prohinig
Biberhaufenweg 45/19
1220 Vienna
Email: office@woodlandfibrearts.com
I hereby revoke the concluded contract for the article ……………, which I ordered on ………. / On ………. have received.
Name of the consumer (consumer):
Address:
Date and signature
6.2 The withdrawal period is as follows:
6.2.1 The buyer can withdraw from the purchase contract within 14 days from the day on which he came into possession of the goods or the last partial shipment.
6.2.2 The withdrawal period according to Section 6.2.1 is met if the declaration of withdrawal is sent within the period. Please note, however, that we must receive the revocation in order to be effective (the risk in the case of a postal or electronic transmission (fax, email) lies with you).
6.3 If the consumer cancels the contract, we have to repay the purchase price (excluding shipping costs) that we have received from him immediately and at the latest within 14 days from the day on which we received notification of his cancellation of this contract. For this repayment, we use the same means of payment that the consumer used for the original transaction, unless something else was expressly agreed with him. In no case will the consumer be charged fees for this repayment. We can refuse the repayment until we have received the goods back.
6.4 The consumer must return the goods to us immediately and in any case no later than 14 days from the date on which he informed us of the cancellation of this contract. The deadline is met if the consumer sends the goods before the period of 14 days has expired. The consumer bears the direct costs of the return. The consumer only has to pay for any loss in value of the goods if this loss in value is due to handling by the consumer that is not necessary to check the nature, properties and functionality of the goods.
6.5 Pursuant to Section 18 (1) FAGG, the consumer has no right of withdrawal when concluding contracts on:
6.5.1 Goods that are manufactured according to customer specifications or that are clearly tailored to personal needs,
6.5.2 Goods that, due to their nature, were inseparably mixed with other goods after delivery.
7 Retention of title
The goods delivered by us remain our property until all of our claims from the respective delivery have been paid in full.
8 Warranty
8.1 The statutory warranty provisions apply to consumers in the event of defects in the goods (§8 KSchG). There is no guarantee for damage caused by improper use or treatment of the product. The same applies to normal wear and tear.
8.2 The product images on the website can differ in colour and size from the appearance of the delivered products due to the resolution and size. The delivered goods are deemed to be in accordance with the contract if the delivered items correspond to the other product specifications.
8.3 After receipt, the customer must check the delivered goods for completeness, correctness and other freedom from defects, in particular the intactness of the packaging, and is asked to report obvious transport damage to the deliverer and to inform us of any defects by email to office@woodlandfibrearts.com to inform. This only serves to process any complaints more quickly and effectively. A breach of this obligation does not result in any restriction of the consumer's statutory warranty rights.
8.4 If the customer requests that the goods be returned to us and the goods are actually defective, we shall bear the corresponding costs. Otherwise, any costs of the shipment must be borne by the consumer. Defective goods are therefore only to be returned at our express request.
9 Data protection, change of address
The personal data disclosed to us by the customer in the context of the business relationship, such as name, address, e-mail, telephone number and delivery address, are stored and processed by us. We use the data within the framework of the legal authorization to execute the order.
10 Applicable law, place of performance, place of jurisdiction and miscellaneous
10.1 The substantive law of the Republic of Austria applies to all legal relationships between the parties, excluding the reference norms and the UN sales law.
10.2 The place of performance for performance and consideration is 1220 Vienna.
10.3 The place of jurisdiction for all disputes arising from this contract is the locally and materially competent court for 1220 Vienna.
10.4 Should individual provisions of these terms and conditions be wholly or partially ineffective, this does not affect the validity of the remaining provisions and the contracts concluded on the basis of them.
11 Alternative Dispute Resolution
11.1 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 the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
11.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
