Terms and Conditions
§1 Definitions/ General
These terms and conditions apply to all contracts, services and the supply of goods. The business transaction and supply of goods is carried out according to the following terms and conditions in the applicable version at the time of the order. This Contract has been executed in German and English. The German version shall be deemed the original. This contract contains the entire agreement between the co-contracting parties and supersedes any conflicting or deviating terms and conditions. All additional agreements require a written confirmation on our part.
§2 Parties to the Contract
Contracting party is the sole proprietorship SchmuckStück, Sabina Ebner, Siebensterngasse 41, 1070 Vienna, Austria. Tel.: +43 (0)1 5224226. This Contract has been executed in German and English. The German version shall be deemed the original and the English version shall only be deemed a translation thereof. This Contract shall be governed by and interpreted in accordance with Austrian law excluding, however, the UN Sales Law.
§ 3 Orders
The product range of the products offered by us through the website www. schmuck-stueck.at represents an invitation to the Customer to submit an offer to SchmuckStück to purchase one of the products offered through the online store. All prices are stated in Euro (EUR) and are inclusive of the statutory value added tax (MwSt). The presentation of the products offered by us through the website is not a legally binding offer, but represents a non-binding online catalog. The respective product information is listed in the product’s detail section. By placing the order of a piece of SchmuckStück jewelry, the buyer confirms that they were informed about the essential features of the product. By clicking the button “Click here to confirm the order“
you place a binding order of the items contained in the Cart with us. After you have placed the order and we have received it, you will receive an e-mail from us acknowledging that we have received your order and including an invoice, to the e-mail address you previously provided to us. We will confirm the acceptance of your order by sending you the aforementioned order confirmation e-mail. SchmuckStück reserves the right to reject the offer in the case that an item is not available, if you unjustifiably failed to pay previous invoices, if your credit card verification wasn’t successfully completed or if there are other justified doubts of your creditworthiness. If SchmuckStück is unable to complete an order, we will notify you as soon as possible.
Please note: The products offered through the website schmuck-stueck.at were digitally photographed. There may be slight differences between the representation of the goods in the web store and the goods you ordered.
§ 4 Delivery, Delivery Fees, Warranty
As soon as we receive your payment, we will try to ship your order to you as fast as possible; this may take up to 1 week. All products are delivered by Österreichische Post AG. In Austria, deliveries typically arrive within 2–5 working days. For international shipments, deliveries may take more than 5 days. If delivered items show obvious material and manufacturing defects, including damage resulting from transport, please contact us. If we are not notified, the Customer will not have to expect any consequences.
The provisions on statutory warranties apply. The warranty period for the delivery of movable goods is 2 years. All products are delivered as insured and registered post by Österreichische Post AG. We charge 7 EUR for delivery and shipping.
§ 5 Payment
You can pay for the goods shown in the online store either by direct deposit, credit card or via PayPal. If you choose to pay by credit card, your account will be charged upon completion of the order. In the event of culpable delay in payment SchmuckStück is entitled to demand reminder charges and late payment interest in the amount permitted by law.
We reserve the right to allow only certain payment methods if the address and credit check is negative.
We also accept direct deposits and payments via PayPal.
Once a hold is successfully put on the billed amount on your credit card, we will process your order within the processing and delivery time indicated by us.
§ 6 Retention of Title
Property of any goods remains with SchmuckStück, Siebensterngasse 41, 1070 Wien, Austria, until the Customer pays for the goods in full.
§ 7 Right of Withdrawal
You have the right to withdraw from this Contract within fourteen days without stating any reasons.
The withdrawal period is fourteen days from the day on which or a third party appointed by you, who is not the carrier, have or has taken possession of the goods.
In order to execute your right of withdrawal, you have to notify us of your decision to withdraw from this agreement by means of a clear statement (e.g. by mailed letter, fax or e-mail). You may use the attached withdrawal form, although this is not required.
Contact: SchmuckStück, Sabina Ebner
Address: Siebensterngasse 41, 1070 Vienns, Austria
Phone: +43 (0)1 5224226, E-mail: firstname.lastname@example.org
Withdrawal Form Template
(If you withdraw from the Contract, please complete this form and return it to us.)
— To: Schmuckstück/ Sabina Ebner, Siebensterngasse 41, 1070 Vienna, Austria
— I/we (*) hereby withdraw from the Contract which I/we (*) concluded for the purchase of the following goods (*)/the supply of the following service (*)
—Date of order: (*)/Date of shipment received (*)
— Name of the Customer(s)
— Address of the Customer(s)
— Signature of the Customer(s) (only for notification on paper)
(*) Cross out as applicable.
The withdrawal period has been observed so long as you dispatch the notification of your exercise of the right of withdrawal prior to the end of the withdrawal period.
Consequences of the Withdrawal
If you withdraw from this agreement, we are obliged to reimburse all payments which we have received from, including the delivery fees (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us) you immediately and at the latest within fourteen days from the date on which we receive your notification of withdrawal from this Contract. For this repayment we will use the same method of payment which you used for the original transaction, unless something different is explicitly agreed with you; in no case will you incur any fees as a result of this repayment.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day you notify us oft he withdrawal from this Contract. The return period has been observed so long as you dispatch the goods prior to the end of the period of fourteen days. You will cover the direct costs of returning the goods.
When you contact us using the form on our website or via e-mail, the information you give to us will be stored for the purpose of processing your inquiry and in case of follow-up questions for the duration of six months. We will not pass on this data without your consent.
Storage of Data
We would like to point out that for the purpose of simplifying the purchasing process and for the fulfillment of the Contract, the web shop operator will store the IP data of the user as well as the buyer’s name, address and credit card number in cookies.
The data provided by you is necessary for the fulfillment of the Contract or the implementation of pre-contractual measures. Without this data we cannot conclude the Contract with you. Data will not be transferred to third parties, with the exception of the transfer of the credit card number to the banking institutes and/or payment service providers for the purpose of charging the amount billed, to the transport company / shipping company commissioned by us for the delivery of the goods and to our tax advisor for the fulfillment of our tax obligations.
The personal data stored with will be deleted as soon as the shopping process is cancelled. In the case that a Contract is concluded, all data from the contractual relationship will be stored until the end of the fiscal storage period (7 years).
The following data: Name, address, goods purchased, and date of purchase will also be stored until the end of the product liability period (10 years). When data is processed, § 96 paragraph 3 TKG and Art 6 paragraph 1 lit a (consent) and/or lit b (necessary for the performance of a contract) of the GDPR serve as the legal basis.
Our website uses so-called cookies. Cookies are small text-files sent from our webserver to your browser and stored on your device. They do not cause any damage.
You may set your browser in such a way that you are informed whenever cookies are saved, and you may allow cookies case by case
If you deactivate cookies, the functionality of our website may be limited.
Your IP address will be recorded, but immediately pseudonyzed (e.g. by deleting the last 8 bits). As a result, only a rough localization is possible.
When data is processed, § 96 paragraph 3 TKG and Art 6 paragraph 1 lit a (consent) and/or f (legitimate interest) of the GDPR serve as the legal basis.
When data processing is necessary for the purposes of the legitimate interests as pertaining to GDPR, we do so in order to improve our offer and website. Since the privacy of our users is important to us, user data will be pseudonymized [pseudonymization is recommended for the legal reason “legitimate interest”; this has to be clarified with the web analysis service].
You have the possibility to subscribe to our newsletter via the website. In order to sign up, we need your e-mail address and your consent that you agree with receiving the newsletter.
Once you have subscribed to the newsletter, we will send you a confirmation e-mail with a link to confirm your subscription.
You can cancel your subscription at any time. Please send your cancellation request to the following e-mail address: email@example.com. We will then immediately delete your data in connection with newsletter subscription.
You have the rights to obtain disclosure, rectification, erasure, restriction and portability of personal data processed by us, to withdraw and to reject. If you believe that the processing of your data violates data protection law or your privacy claims have otherwise been violated in any way, you may lodge a complaint with the supervisory authority. In Austria, this supervisory authority is the data protection authority (Datenschutzbehörde).
Storage of the Sales Agreement
The Sales Agreement is stored electronically by the seller but is not accessible to the customer via our online store. If the Customer wants to print out the text of the Contract after placing their order, they can proceed as follows: On our website www.schmuck-stueck.at at the customer will find our imprint and the text of the Contract. The Contract may be printed and/or saved by the Customer. The customer receives an overview of their orders via our confirmation e-mail. The Customer may save this electronically or print it out.
The Customer agrees that the following personal data, namely first and last name, date of birth, address, payment data will be stored and processed for the purpose of dispatching goods.
We would like to point out that for the purpose of simplifying the purchasing process and for the fulfillment of the Contract, the web shop operator will store the IP data of the user as well as the buyer’s name, address and credit card number in cookies. Data will not be transferred to third parties, with the exception of the transfer of the credit card number to the banking institute Visa, Mastercard, PayPal and in case of direct deposit to Raiffeisen Salzburg for the purpose of charging the amount billed. After the virtual purchase is completed, the data stored in the cookies will be saved until the invoice is paid. When data is processed, § 96 TKG and § 8 of the GDPR serve as the legal basis.
§ 9 Limitation of Liability for External Links
The website schmuck-stueck.at may contain links to websites operated by third parties. We at SchmuckStück expressly distance ourselves from the content matter and design of linked external pages operated by third parties.
§ 10 Governing Law
Austrian law, excluding the UN Sales Law, applies to all contracts and agreements between the Customer and SchmuckStück.