General Terms and Conditions
Online shop - ANEMONA CRISAN
1. Scope
2. Offers and service descriptions
3. Order process and conclusion of contract
4. Prices and shipping costs
5. Delivery and availability of goods
6. Payment arrangements
7. Retention of title
8. Return and Refund Policy
9. Note on the exclusion of the right of withdrawal
10. Returns
11. Defects, warranty for defects and guarantee
12. Liability
13. Storage of the contract text
14. Data protection
15. Place of jurisdiction, applicable law, contract language
1. Scope
1.1. For the business relationship between Studio Anemona Crisan, Vienna, (hereinafter "Seller") and the customer (hereinafter "Customer"), the following general terms and conditions apply exclusively in the version valid at the time of the order.
1.2. You can reach our customer service for questions and complaints on weekdays by e-mail at shop <at> anemonacrisan <dot> shop.
1.3. Consumers within these terms and conditions is any natural person who concludes a legal transaction for a purpose that can largely not be attributed to their commercial or independent professional activity (according to § 13 BGB – Austrian Civil Law).
1.4. Deviating conditions of the customer are not recognized unless the seller expressly agrees to their validity.
1.5. By submitting his order, the customer agrees to these terms and conditions and is bound to them.
2. Offers and service descriptions
2.1. The presentation of the products in the online shop is not a legally binding offer, but rather an invitation to place an order. Service descriptions in catalogs and on the seller's websites are not guaranteed.
2.2. The products are mostly unique pieces that are only available as individual pieces. All offers apply "while stocks last", unless the products state otherwise. Errors and omissions excepted.
2.3. The customer acknowledges that the colors of the works of art may look different in original compared to the way they appear on his diplay, depending on the monitor settings used. We therefore recommend viewing the website on a color calibrated monitor.
3. Order process and conclusion of contract
3.1. The customer can select products from the seller's range.
3.2. Using the "Place order" button, the customer submits a binding request to purchase the goods specified in the form. Before submitting the order, the customer can change and view the data at any time or cancel the order process altogether.
3.3. The seller then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print using the "Print" function (order confirmation). The automatic confirmation of receipt only 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 if the seller sends, delivers or dispatches the ordered product to the customer within 7 days after the order, or if the seller sends a second order confirmation or the invoice within 4 days.
3.4. If the seller enables prepayment, the contract is concluded with the provision of the bank details and payment request. If the payment has not been received by the seller within 10 calendar days after sending the order confirmation despite the due date, the seller withdraws from the contract with the result that the order is invalid and the seller is not obliged to deliver. The order is then completed for the customer and seller without any further consequences. A reservation of the item for prepayment is therefore made for a maximum of 10 calendar days.
4. Prices and shipping costs
4.1. All prices on the Anemona Crisan Online Shop shop are in EURO and are gross prices "from the studio" including the statutory sales tax excluding all shipping costs. The prices are valid until further notice.
4.2. Should export or import taxes become due in the course of the shipping, these will be borne by the customer. All statutory import modalities are to be organized by the customer himself, as well as the associated costs (customs, VAT, etc.).
5. Delivery, availability of goods
5.1. Delivery will be made after receipt of the invoice amount.
5.2. Should the delivery of the goods fail due to the fault of the customer despite three attempts to deliver, the seller can withdraw from the contract.
Possible Payments made will be refunded to the customer immediately.
5.3. The delivery takes place to the address given by the customer. In the event of incorrect, incomplete or unclear information provided by the customer, the customer bears all the resulting costs.
5.4. For additional ordered services (e.g. framing) that are carried out specifically on behalf of the customer and require implementation outside the house, the shipment is made after completion.
6. Payment arrangements
6.1. The customer can choose from the available payment methods during the ordering process. Customers are informed about the available means of payment on a separate information page.
6.2. Payment in advance: You will receive an email with the bank details. The goods will only be dispatched when the full invoice amount (including shipping costs) has been credited to the seller's account.
6.3. Online payment via PayPal: www.paypal.com, credit card and instant transfer.
6.4. If payment by invoice is possible, payment must be made within 14 days of receipt of the goods and the invoice. With all other payment methods, payment must be made in advance without deduction.
6.5. If third parties are commissioned to process the payment, e.g. PayPal, their general terms and conditions apply.
6.6. If the due date of the payment is determined according to the calendar, the customer is already in default by missing the appointment. In this case, the customer has to pay the statutory default interest.
6.7. The customer's obligation to pay default interest does not preclude the seller from asserting further default damages.
6.8. The customer is only entitled to offset if his counterclaims have been legally established or have been recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.
7. Retention of title
The delivered goods remain the property of the seller until full payment has been made.
8. Return Policy:
8.1. Return by express written declaration: Every customer can withdraw from the contract within 14 days after receipt of the goods by sending a written return declaration without giving any reasons. For this, it is sufficient if the cancellation notice is sent within this period (the date of the mailing receipt). In this case, the customer is demonstrably obliged to return the goods immediately. The return shipping costs (postage) are borne by the customer. The goods are to be sent as an insured package (whereby the sum insured must cover the purchase price). If the goods have been used and / or damaged, the customer must pay the seller a reasonable fee for the damage incurred - at a maximum of the value of the goods.
The signed declaration of withdrawal must be sent to the following eMail address:
Anemona Crisan via email to office <at> anemonacrisan <dot> com
The seller transfers the purchase amount (excl. shipping) to the account used by the customer for payment, after receipt of the cancellation form AND the goods.
8.2. Returning the goods.
The customer can also exercise his right of withdrawal by demonstrably returning the goods to the seller within 14 days of receipt without a written declaration of withdrawal at his own expense. In this case, demonstrable timely dispatch of the goods is sufficient to meet the deadline. The prerequisite for this form of exercising the right of withdrawal by simply returning the goods is that the goods are not damaged or used and that the goods are returned as an insured package (whereby the sum insured must cover the purchase price). The seller bears the return shipping costs (postage) only for incorrect or defective delivery. The risk of return and proof of this rests with the customer. In the event of a withdrawal by the customer (by express declaration or simple return of the goods), the seller pays back the purchase price already paid as soon as the goods have arrived - shipping costs are not refunded. When ordering on an open invoice, the customer account is credited.
8.2. Returning the goods.
The customer can also exercise his right of withdrawal by demonstrably returning the goods to the seller within 14 days of receipt without a written declaration of withdrawal at his own expense. In this case, demonstrable timely dispatch of the goods is sufficient to meet the deadline. The prerequisite for this form of exercising the right of withdrawal by simply returning the goods is that the goods are not damaged or used and that the goods are returned as an insured package (whereby the sum insured must cover the purchase price) and stamped sufficiently. The seller bears the return shipping costs (postage) only for incorrect or defective delivery. The risk of return and proof of this rests with the customer. In the event of a withdrawal by the customer (by express declaration or simple return of the goods), the seller pays back the purchase price already paid as soon as the goods have arrived - shipping costs are not refunded. When ordering on an open invoice, the customer account is credited.
9. Note on the exclusion of the right of withdrawal
9.1. The right of withdrawal does not exist for the delivery of goods that are made to customer specifications or clearly tailored to personal needs, or for the delivery of audio or video recordings or software, provided that the supplied data carriers have been unsealed by you.
10. Returns
10.1. Customers are asked to report the return to the seller prior to returning.
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0.2. Customers are requested to send the goods back to the seller as an insured package (whereby the sum insured must cover the purchase price) and to keep the receipt.
10.3. Customers are asked to avoid damage or contamination of the goods. If possible, the goods should be sent back to the seller in their original packaging. If the original packaging is no longer in the customer's possession, another equivalent packaging should be used.
10.4. In order to cover any claims for damages by the seller due to damage caused by insufficient packaging or shipping, the following types of packaging are required for the return:
Canvas pictures: packed in tissue paper, bubble wrap and cardboard on top (to avoid bumps and scratches during transport)
Framed works on paper: edge protection, bubble wrap and cardboard
Unframed paper works: covered with tissue paper in a thick, non-bendable cardboard folder.
10.5. Shipment is at the risk and expense of the customer, the package should be insured and stated as "fragile", it should not be processed by machines. The insurance costs for the shipment must cover the purchase price costs.
11. Defects, warranty for defects and guarantee
11.1. The warranty is determined according to legal regulations (Austrian Law).
11.2. The goods delivered by the seller are only guaranteed if this guarantee has been expressly given.
11.3. The seller sends the goods as an insured package, whereby the insurance amount covers the purchase amount. As soon as the goods are handed over to the shipping company, the customer is liable for any damage, and has to claim his damages at the shipping company.
12. Liability
12.1. The seller's liability for damages is without prejudice to the other legal requirements, the following exclusions and limitations of liability.
12.2. The seller is liable without limitation if the cause of the damage is based on intent or gross negligence.
12.3. Furthermore, the seller is liable for the slightly negligent breach of essential duties, the breach which jeopardizes the achievement of the purpose of the contract, or for the breach of duties, which prevents the proper execution of the contract in the first place. 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 mentioned in the previous sentences.
12.4. The above limitations of liability do not apply in the event of injury to life, limb and health, for a defect after accepting a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
12.5. If the seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
13. Storage of the contract text
13.1. The customer can print out the text of the contract before submitting the order to the seller by agreeing and thus calling up the General Terms and Conditions under the Terms and Conditions button.
14. Data protection
14.1. The seller processes the customer's personal data for a specific purpose and in accordance with the Austrian statutory provisions.
14.2. The personal data provided for the purpose of ordering goods (such as name, email address, address, payment data) are used by the seller to fulfill and process the contract. This data is treated confidentially and will not be passed on to third parties who are not involved in the ordering, delivery and payment process.
14.3. The customer has the right to request information free of charge about the personal data that the seller has saved about him. In addition, he has the right to correct incorrect data, block and delete his personal data, provided that there is no legal obligation to retain it.
14.4. Further information on the type, scope, location and purpose of the collection, processing and use of the necessary personal data by the seller can be found in the data protection declaration.
15. Place of jurisdiction
15.1. The place of jurisdiction and place of performance is Vienna (the office of the seller's company), if the customer is a merchant, a legal entity under public law or a special fund under public law.
15.2. The contract language is German.
15.3. The law of the Republic of Austria applies. This does not apply if mandatory consumer protection regulations prevent such an application.
15.3. Platform of the European Commission for online dispute resolution (OS) for consumers:
http://ec.europa.eu/consumers/odr/ . The seller is not obliged to participate in a dispute settlement procedure in front of a consumer arbitration board.
Any translations are based on the German original. The translated versions of the German GTC are courtesy translations and are for information and internal purposes only. In the event of disputes, inconsistencies or deviations between the German version and the version in another language, the German version applies within the framework of the legal regulations and is binding.
Should individual provisions of these terms and conditions be or become null and void, the remaining conditions remain effective.
ANEMONA CRISAN
office <at> anemonacrisan <dot> at
www.anemonacrisan.com
Last update: July, 2021