Terms and Conditions
Table of contents
1. Seller
2. Scopre
3. Conclusion of contract and storage of the contract text
4. Right of withdrawal
5. Prices and payment
6. Delivery, delivery restrictions
7. Retention of title
8. Warranty
9. Liability
10. Choice of Law
11. Alternative dispute resolution
12. Miscellaneous
13. Copyright
1. Seller
The seller is:
de.sign_fabrik
Sarah Schubert
Am Kaisermühlendamm 87/4/ 2 DG
1220 Vienna
Austria
2. Scopre
2.1 All offers, services and/or deliveries of whatever kind (hereinafter referred to as "services"), which are provided by seller to the customer (hereinafter referred to as the "Customer" or the "Consumer") under the domain "https://sarahs-designfabrik.com", are exclusively based on these General Terms and Conditions (hereinafter referred to as "GTC") in the respective valid version. By accepting or using the services, the customer submits to these GTC in any case.
2.2 Contracts can only be concluded under these conditions. We must expressly agree to any deviating, conflicting, restrictive or supplementary terms and conditions
and regulations of the customer so that they become part of the contract in individual cases. In particular, actions on our part to fulfill the contract do not constitute consent to any conditions that deviate from our General Terms and Conditions.
2.3 If several contracts are concluded at different times, the version of the General Terms and Conditions valid at the time the contract declaration (see point 3) is submitted by the customer and published or posted by us will become part of the contract. Multiple contracts concluded with a specific customer do not constitute a continuing obligation or any other right to re-conclude a purchase contract without the express written agreement of a framework agreement.
3. Conclusion of contract and storage of the contract text
3.1 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 3.2.
3.2 On our website, the customer's offer is made by ordering the item. The customer’s offer becomes binding for him by clicking on the “order with payment” button. Please note that once we have received their order, the customer will be sent a separate confirmation of receipt of their order. Such confirmation does not constitute acceptance of the offer. Our acceptance only occurs through a separate, written order confirmation within a reasonable period of time, or through actual delivery of the ordered goods. A reasonable period of time is understood to mean a period of no more than 5 working days. We are entitled to accept orders, even partially, or to reject them without giving reasons. If you do not receive a message despite entering a valid email address, please contact us at [email protected].
3.3 If you select a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “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 a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax- full. If the customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the seller declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.
3.4 The contract language is English.
3.5 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address he provided to process the order is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
4. Right of withdrawal
4.1 Consumers generally have a right of withdrawal.
4.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.
4.3 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address is outside the European Union at the time the contract is concluded.
5. Prices and payment
5.1 The prices listed on the website are retail prices exclusive of sales tax. The sales tax is not shown because the seller is a small business owner within the meaning of the UStG. We will inform the consumer of all additional freight, delivery, shipping or other costs before submitting his offer, provided that these costs can be reasonably calculated in advance.
If these costs cannot be reasonably calculated in advance, we will indicate in advance that such additional costs may arise before the customer submits the offer.
5.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for the transfer of money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may arise in relation to the money transfer even if the delivery does not take place to a country outside the European Union but the customer makes the payment from a country outside the European Union.
5.3 The payment option(s) will be communicated to the customer in the seller's online shop.
5.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
5.5 If the customer selects a payment method offered via the “PayPal” payment service, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A. 22-24 Boulevard Royal L-2449 Luxembourg, (hereinafter “PayPal”). The individual payment methods offered via Jimdo Payments are communicated to the customer in the seller's online shop. To process payments, PayPal may use other payment services to which special payment conditions may apply, to which the customer may be notified separately. Further information about “Jimdo Payments” is available online at https://www.jimdo.com/info/terms-of-service/#:~:text=Jimdo%20will%20collect%20all%20payments,this%20link%20within%2014%20days.
6. Delivery, delivery restrictions
6.1 Delivery (postal delivery by us) for an online purchase takes place - provided the goods are in stock and nothing different is noted on the website - within the specified working days after acceptance of the order. We choose the carrier at our best discretion, but we do not guarantee that we will choose the fastest and cheapest shipping option.
6.2 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, delays in transport and customs clearance, transport damage, rejection of important production parts and labor disputes.
6.3 Delivery is made to the delivery address specified by the customer. Any additional costs caused by the customer providing an incorrect delivery address must be borne by the customer.
6.4 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, the freight carrier or the person or institution otherwise designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold is generally only transferred when the goods are handed over to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold, even for consumers, passes to the customer as soon as the seller has delivered the item to the freight forwarder, the freight carrier or the person or institution otherwise designated to carry out the shipment, if the customer commissions the freight forwarder, the freight forwarder or the other person or institution designated to carry out the shipment to carry out the shipment and the seller has not previously named this person or institution to the customer.
6.5 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery. This only applies in the event that the non-delivery is not the fault of the seller and the seller has concluded a specific cover transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
6.6 For logistical reasons, self- collection is not possible.
7.Retention of title
7.1 The goods delivered by us remain our property until all claims arising from the respective delivery have been paid in full.
7.2 The customer is obliged to treat the goods with care during the retention of title. He must inform us immediately of all access by third parties to the goods, in particular of compulsory enforcement measures, as well as of damage or destruction of the goods. If the customer is at fault, he must reimburse us for all damages and costs that arise from a breach of these obligations and necessary intervention measures against third-party access to the goods.
8. Warranty
8.1 The statutory warranty provisions (§8 KSchG) apply to consumers in the event of defects in the goods. The warranty does not apply to damage caused by improper use or treatment of the product. Same
applies to normal wear and tear.
8.2 The product images on the website and/or in our folders may differ in color and size from the appearance of the delivered products due to the resolution and size. The delivered goods are considered to be in accordance with the contract if the delivered items correspond to the other product specifications.
8.3 Customers who are entrepreneurs must prove the existence of intent or gross negligence and assert claims for damages within one year of the transfer of risk. The provisions regarding damages contained in these General Terms and Conditions or otherwise agreed also apply if the claim for damages is asserted in addition to or instead of a warranty claim.
8.4 If the customer is an entrepreneur, any claims for recourse within the meaning of Section 12 of the Product Liability Act are excluded unless the person entitled to recourse proves that the error was caused in our sphere and was at least due to gross negligence.
8.5 If the customer is a consumer within the meaning of the KSchG, he must check the delivered goods upon receipt for completeness, accuracy and other freedom from defects, in particular the integrity of the packaging, and report any defects to us by email to [email protected] to be announced and briefly described. This only serves to process any complaints about defects more quickly and effectively. A violation of this obligation does not lead to any restriction of the consumer's statutory warranty rights.
8.6 If the customer requests that the goods be returned to us and the goods are actually defective, we will bear the corresponding costs. Otherwise, any shipping costs must be borne by the consumer. Defective goods can therefore only be returned at our express request.
9. Liability
9.1 We are liable for damages in accordance with the statutory provisions. However, liability for damage caused by slight negligence is excluded. This limitation of liability does not apply to damages resulting from injury to life, body or health of people and to claims under the Product Liability Act.
10. Copyright.
10.1 The copyright to the pages of this website as well as all rights of use to all data and information, in particular to texts, images, videos and logos, is owned by the seller, unless otherwise stated. All rights, in particular the right of reproduction and distribution as well as translation are reserved.
10.2 The customer may print or download the material on this website and keep a copy of it for your personal use or for the use of people in your organization. You must have the sellers permission to use the material in any other way, in particular to incorporate it into other electronic or printed documents.
10.3 The copyright in some of the material available on this website is owned by third parties (Third Party Documents) and such material has been prepared on this website with the permission of the third party copyright owners. Unless otherwise stated, you may not reproduce or distribute or otherwise make available to the public or use for commercial purposes any portion of a Third Party Document.
11. Choice of Law
11.1 The substantive law of the Republic of Austria applies exclusively, excluding the reference standards and the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law only applies to the extent that mandatory provisions of the law of the country in which they have their habitual residence are not superseded.
11.2 If individual provisions of these General Terms and Conditions are wholly or partially ineffective, this will not affect the validity of the remaining provisions and the contracts concluded on the basis of them.
The fully or partially ineffective regulation will only be replaced in contracts with entrepreneurs by a regulation that comes closest to the meaning and purpose of the ineffective regulation.
12. Alternative dispute resolution
12.1 The EU Commission provides a platform for online dispute resolution on the Internet at 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.
12.2 The seller is neither obliged nor willing to take part in a dispute resolution procedure before a consumer arbitration board.
13. Miscellaneous
13.1 Disclaimer. The seller assumes no liability for the accuracy, timeliness and accuracy of the information provided on the website. Furthermore, the seller does not assume any liability for any links to external websites operated by third parties.
13.2 Declarations to be made in writing in accordance with these GTC may also be made by e-mail, unless otherwise specified.
13.3 The invalidity of one or individual provisions of these GTC or of the contractual relationship governed by the GTC shall not affect the validity of the remaining agreement.