Terms and Conditions
Please note, that these Terms and Conditions consist of:
(a) Terms and Conditions applicable to the use of the website parnassus-shop.com,
(b) Terms and Conditions Applicable to Purchase of Goods.
Welcome to the Parnassus shop!
These terms and conditions outline the rules and regulations for the use of Parnassus Shop website, located at www.parnassus-shop.com and owned by Parnassus Arts Productions GbmH.
By accessing this website we assume you accept these terms and conditions. Do not continue to use parnassus-shop.com if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refer to you, the person logged on to this website and compliant to the Company's terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company:
Parnassus Arts Productions GbmH, www.parnassus.at
Barnabitengasse 5/4
A-1060 Vienna
Austria
EUIDATBRA.438649-000
Business Register number 438649y
“Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client most appropriately for the express purpose of meeting the Client's needs in respect of the provision of the Company's stated services, following and subject to, prevailing law of Austria. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Cookies
We employ the use of cookies. By accessing parnassus-shop.com, you agree to use cookies in agreement with the parnassus-shop.com Privacy Policy.
Most interactive websites use cookies to let us retrieve the user's details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.
Please note, that the cookies might have their specific Terms and Conditions accessible on the page: https://www.parnassus-shop.com/cookie-settings/ and https://www.parnassus-shop.com/privacy-policy/. If so, these specific documents will apply to cookie and privacy policy.
License
Unless otherwise stated, Parnassus Arts Production and/or its licensors own the intellectual property rights for all material on parnussus-shop.com. All intellectual property rights are reserved. You may access this from parnassus-shop.com for your personal use subject to restrictions set in these terms and conditions.
You must not:
- Republish material from parnassus-shop.com,
- Sell, rent or sub-license material from parnassus-shop.com,
- Reproduce, duplicate or copy material from parnassus-shop.com,
- Redistribute content from parnassus-shop.com.
This Agreement shall begin on the date hereof.
If parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Parnassus Arts Productions GbmH does not filter, edit, publish or review Comments before their presence on the website. Comments do not reflect the views and opinions of Parnassus Arts Productions, its agents and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Parnassus Arts Productions shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Parnassus Arts Productions GbmH reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or cause a breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so,
- The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party,
- The Comments do not contain any defamatory, libellous, offensive, indecent or otherwise unlawful material which is an invasion of privacy,
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Parnassus Arts Productions GbmH a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link:
(a) is not in any way deceptive;
(b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and
(c) fits within the context of the linking party's site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that:
(a) the link would not make us look unfavorably to ourselves or to our accredited businesses;
(b) the organization does not have any negative records with us;
(c) the benefit to us from the visibility of the hyperlink compensates for the absence of the Company Name; and
(d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link:
(a) is not in any way deceptive;
(b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and
(c) fits within the context of the linking party's site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to [email protected]. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.
No use of the Parnassus Arts Productions GbmH logo or other artwork will be allowed for linking absent a trademark license agreement.
iFrames
Without prior approval and written permission, you may not create frames around our web pages that alter in any way the visual presentation or appearance of our Website.
Content Liability
We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer:
(a) are subject to the preceding paragraph; and
(b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
the Parnassus shop!
These terms and conditions outline the rules and regulations for the use of Company Name's Website, located at www.parnassus-shop.com.
By accessing this website we assume you accept these terms and conditions. Do not continue to use parnassus-shop.com if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refer to you, the person logged on to this website and compliant to the Company's terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client most appropriately for the express purpose of meeting the Client's needs in respect of the provision of the Company's stated services, following and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Cookies
We employ the use of cookies. By accessing parnassus-shop.com, you agree to use cookies in agreement with the parnassus-shop.com Privacy Policy.
Most interactive websites use cookies to let us retrieve the user's details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.
License
Unless otherwise stated, Parnassus Arts Production and/or its licensors own the intellectual property rights for all material on parnussus-shop.com. All intellectual property rights are reserved. You may access this from parnassus-shop.com for your personal use subject to restrictions set in these terms and conditions.
You must not:
- Republish material from parnassus-shop.com,
- Sell, rent or sub-license material from parnassus-shop.com
- Reproduce, duplicate or copy material from parnassus-shop.com
- Redistribute content from parnassus-shop.com
This Agreement shall begin on the date hereof.
If parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Parnassus Arts Productions does not filter, edit, publish or review Comments before their presence on the website. Comments do not reflect the views and opinions of Parnassus Arts Productions, its agents and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Parnassus Arts Productions shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Parnassus Arts Productions reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or cause a breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The Comments do not contain any defamatory, libellous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Parnassus Arts Productions a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link:
(a) is not in any way deceptive;
(b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and
(c) fits within the context of the linking party's site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that:
(a) the link would not make us look unfavourably to ourselves or to our accredited businesses;
(b) the organization does not have any negative records with us;
(c) the benefit to us from the visibility of the hyperlink compensates for the absence of the Company Name; and
(d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link:
(a) is not in any way deceptive;
(b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and
(c) fits within the context of the linking party's site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to [email protected]. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.
No use of the Parnassus Arts Productions logo or other artwork will be allowed for linking absent a trademark license agreement.
iFrames
Without prior approval and written permission, you may not create frames around our web pages that alter in any way the visual presentation or appearance of our Website.
Content Liability
We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are rising on your Website. No link(s) should appear on any Website that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer:
(a) are subject to the preceding paragraph; and
(b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
In Vienna on 9th October 2024.
Terms and Conditions Applicable to Purchase of Goods
Terms and Conditions of the trading company Parnassus Arts Productions GbmH,
with registered office: Barnabitengasse 5/4, A-1060 Vienna
represented by: Georg Lang
Business Register number438649y
for the sale of goods via the online shop located at www.parnassus-shop.com.
1. INTRODUCTORY PROVISIONS
1.1 These terms and conditions (hereinafter referred to as "Terms and Conditions") of Parnassus Arts Productions Arts, (hereinafter referred to as "Seller") govern the mutual rights and obligations of the parties arising in connection with or pursuant to a purchase contract (hereinafter referred to as "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as "Buyer") via the Seller's online shop. The online shop is operated by the Seller on the website located at www.parnassus-shop.com(hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Shop Web Interface").
1.2 The Terms and Conditions do not apply if the person who intends to purchase goods from the Seller is a legal person or a person who acts in the course of ordering goods in the course of his/her business or in the course of his/her independent exercise of his/her profession.
1.3 Provisions deviating from the terms and conditions may be agreed in the contract of sale. The deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
1.4 The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Contract and the Terms and Conditions are drawn up in the English or German. The Purchase Contract can be concluded in English or German.
1.5 The Seller may change or supplement the wording of the Terms and Conditions. This provision shall not affect the rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions.
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1 All presentation of the goods placed in the web interface of the shop is of an informative nature and the Seller is not obliged to conclude a purchase contract regarding these goods.
3.2 The web interface of the shop shall contain information about the goods, including the prices of the individual goods and the costs for returning the goods if the goods cannot be returned by normal postal means by their nature. The prices of the goods are inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed on the web interface of the shop. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms.
3.3 The web interface of the shop also contains information on the costs associated with the packaging and delivery of the goods. The information on packaging and delivery costs in the web interface of the shop only applies if the goods are delivered within Austria, the European Union or Switzerland.
3.4 To order goods, the buyer fills in the order form in the web interface of the shop. The order form contains in particular information about:
3.4.1. the goods ordered (the goods ordered are "inserted" by the buyer into the electronic shopping cart of the web interface of the shop),
3.4.2. the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods and
3.4.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").
3.4.4. In the event that a price is quoted which is clearly a typographical or numerical error, such price shall not be binding and the contract of sale shall not be concluded.
3.5 Prior to sending the order to the Seller, the Buyer shall be allowed to check and change the data entered by the Buyer in the order, including with regard to the Buyer's ability to detect and correct errors made in entering data in the order. The Buyer sends the order to the Seller by clicking on the "Send order and pay" button. By pressing the button "Send order with payment obligation" the buyer expresses his will to be legally bound. The information given in the order is considered correct by the seller. The Seller will confirm receipt of the order to the Buyer immediately upon receipt by e-mail to the Buyer's e-mail address specified in the user account or in the order (hereinafter referred to as the "Buyer's e-mail address").
3.6 The Seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs) to ask the Buyer for additional order confirmation (for example, in writing or by phone).
3.7 The contractual relationship between the Seller and the Buyer shall be established by the delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by electronic mail to the Buyer's electronic mail address.
3.8 Upon the establishment of the contractual relationship, the Buyer is obliged to pay the purchase price.
3.9 The Buyer agrees to the use of remote means of communication in concluding the Purchase Contract. The costs incurred by the Buyer in the use of remote means of communication in connection with the conclusion of the Purchase Contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer himself, and these costs shall not differ from the basic rate.
3.10 The Buyer agrees to the sending of the invoice in electronic form, in particular via e-mail.
3.11 In the event that the Seller is unable to confirm the order, in particular in situations where the goods are not available or in cases where the Buyer orders more goods than the Seller is able to provide, the Seller will send the Buyer an amended offer against the order and a proposal for a new contract. In such a case, the contract is concluded when the buyer confirms the seller's offer.
4. PRICE OF GOODS AND PAYMENT TERMS
4.1 The Buyer may pay the price of the Goods and any costs associated with the delivery of the Goods under the Purchase Contract to the Seller in the following ways:
(a) via PayPal,
(b) by wire transfer by credit card,
(c) by SEPA payment.
4.2 Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.
4.3 The Seller does not require a deposit or any other similar payment from the Buyer. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
4.4 The purchase price is payable within 5 days of the conclusion of the purchase contract. In the case of 4.1.2. the goods will be sent to the buyer after payment of the purchase price.
4.5 The Buyer's obligation to pay the Purchase Price is fulfilled when the relevant amount is credited to the Seller's account.
4.6 The Seller shall be entitled, in particular in the event that there is no additional order confirmation by the Buyer (Article 3.6), to demand payment of the full purchase price before the goods are dispatched to the Buyer.
4.7 Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.
4.8 If it is customary in the course of business or if it is provided for by generally binding legal regulations, the Seller shall issue a tax document to the Buyer in respect of payments made under the Purchase Agreement. The Seller shall issue a tax document to the Buyer after payment of the price of the goods and send it together with the ordered goods to the Buyer.
4.9 Until the purchase price is paid in full, the goods are still the property of the Seller (reservation of title).
4.10. The Buyer also agrees to the possibility of sending a tax receipt after payment of the purchase price via the electronic communication address provided when creating the order.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The Buyer acknowledges that it is not possible to withdraw from, among other things, a contract for the supply of goods that have been modified according to the Buyer's wishes or for the Buyer's person, from a contract for the supply of perishable goods as well as goods that have been irreversibly mixed with other goods after delivery, from a contract for the supply of goods in closed packaging which the consumer has removed from the packaging and which cannot be returned for hygienic reasons, and from a contract for the supply of an audio or visual recording or a computer program if the original packaging has been damaged.
5.2 Unless the case referred to in Article 5.1 of the Terms and Conditions or any other case where the Purchase Contract cannot be withdrawn from, the Purchaser shall have the right to withdraw from the Purchase Contract within fourteen (14) days of receipt of the goods, and in the event that the subject of the Purchase Contract is several types of goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of goods. The withdrawal from the purchase contract must be sent to the Seller within the period specified in the previous sentence. For withdrawal from the purchase contract, the buyer may use the sample form provided by the seller, which is an annex to the terms and conditions. The form may be sent by the Buyer, inter alia, to the Seller's business address or to the Seller's e-mail address [email protected].
5.3 In the event of withdrawal from the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Purchase Contract shall be cancelled from the outset. The Goods must be returned by the Buyer to the Seller within fourteen (14) days from the delivery of the withdrawal from the Purchase Contract to the Seller. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs associated with the return of the goods to the Seller, even if the goods cannot be returned by normal postal means due to their nature.
5.4 In the event of withdrawal from the Purchase Agreement pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the Purchase Agreement in the same manner as the Seller received them from the Buyer. The Seller shall also be entitled to return the performance provided by the Buyer already upon return of the goods by the Buyer or in another manner, provided that the Buyer agrees and no additional costs are incurred by the Buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him or proves that he has sent the goods to the seller.
5.5 The Seller shall be entitled to unilaterally set off the claim for payment for damage to the goods against the Buyer's claim for reimbursement of the purchase price.
5.6 In cases where the Buyer has the right to withdraw from the Purchase Contract, the Seller is also entitled to withdraw from the Purchase Contract at any time until the Buyer has taken delivery of the goods. In such case, the Seller shall refund the Purchase Price to the Buyer without undue delay, in cash to the account designated by the Buyer.
5.7 If a gift is given to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the purchase contract, the gift contract regarding such gift shall cease to be effective and the Buyer shall be obliged to return the gift together with the goods to the Seller.
6. TRANSPORT AND DELIVERY OF GOODS
6.1 If the method of transport is agreed upon at the specific request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.
6.2 If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the Purchase Order, the Buyer is obliged to take delivery of the goods on delivery.
6.3 In the event that for reasons on the Buyer's side it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the Buyer shall pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.
6.4 On receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and in the event of any defects, notify the carrier immediately. In the event that the packaging is found to be damaged, indicating unauthorised intrusion into the shipment, the Buyer may not accept the shipment from the carrier.
6.5 Other rights and obligations of the parties in the carriage of goods may be regulated by the Seller's special delivery conditions, if issued by the Seller.
6.5 Further rights and obligations of the parties in the carriage of the goods may be regulated by the Seller's special delivery conditions, if issued by the Seller.
6.6 Unless a time of performance is agreed, the Seller shall hand over the goods to the Buyer without undue delay after the conclusion of the contract, but within thirty days at the latest. If the seller is in default in handing over the item, the buyer may withdraw from the contract if the seller fails to fulfil his obligation even within an additional reasonable period of time granted by the buyer. The buyer may only withdraw from the contract without an additional period of time if the seller has refused to perform or if performance at the specified time is necessary in view of the circumstances prior to the conclusion of the contract or if the buyer has informed the seller prior to the conclusion of the contract that delivery at a specified time is necessary.
7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
7.1 The rights and obligations of the parties with regard to rights of defective performance shall be governed by the applicable generally binding legal regulations.
7.2 The Seller shall be liable to the Buyer that the Goods are free from defects upon receipt. In particular, the Seller shall be liable to the Buyer that at the time the Buyer accepted the goods:
7.2.1. the goods have the characteristics agreed between the parties and, in the absence of an agreement, have the characteristics described by the seller or the manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them,
7.2.2. the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,
7.2.3. the goods correspond in quality or workmanship to the agreed sample or pattern, if the quality or workmanship was determined according to the agreed sample or pattern,
7.2.4. the goods are in the appropriate quantity, measure or weight; and
7.2.5. the goods comply with the requirements of the legislation.
7.3 The provisions set out in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price to a defect for which the lower price was agreed, to wear and tear caused by normal use, to a defect in second-hand goods corresponding to the level of use or wear and tear which the goods had when taken over by the buyer, or if this results from the nature of the goods.
7.4 If the defect manifests itself within six months of receipt, the goods shall be deemed to have been defective upon receipt. The buyer is entitled to assert a right to claim for a defect that occurs in consumer goods within twenty-four months of receipt.
7.5 The Buyer shall assert the rights of defective performance with the Seller at Barnabitengasse 5/4, A-1060, Vienna, Austria.
7.6 Further rights and obligations of the parties relating to the Seller's liability for defects may be regulated by the Seller's Complaints Regulations.
8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1 The Buyer acquires ownership of the Goods upon payment of the full purchase price of the Goods.
8.2 The Seller is not bound by any codes of conduct in relation to the Buyer.
8.3 Consumer complaints are handled by the Seller via the electronic address [email protected]. The Seller shall send information on the handling of the Buyer's complaint to the electronic address of the Buyer.
8.4 The Austrian Arbitration Office for consumer transactions can be found at https://www.verbraucherschlichtung.at/
8.5 The European Consumer Centre, internet address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
The EU online dispute resolution platform for online contracts with consumers can be found at https://ec.europa.eu/consumers/odr/.
8.6 The Seller is authorised to sell goods based on a trade licence. Trade control is carried out within the scope of its competence by the competent trade authority.
8.7 Supervision of personal data protection is carried out by the Office for Personal Data Protection.
9. PROTECTION OF PERSONAL DATA
9.1 The Seller processes the Buyer's personal data. More information on such on the data protection page.
10. FINAL PROVISIONS
10.1 If the relationship established by the Purchase Agreement contains an international (foreign) element, then the parties agree that the relationship shall be governed by Austrian law.
10.2 By choosing the law according to this article of the Terms and Conditions, the consumer is not deprived of the protection provided by the provisions of the legal order which cannot be derogated from contractually and which would otherwise apply in the absence of a choice of law according to the provisions of Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
10.3 If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
10.4 The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
10.5 A FORM OF WITHDRAWAL is an annex to the Terms and Conditions.
10.6 Contact details of the Seller:
Delivery address: Barnabitengasse 5/4, A-1060, ViennaAustria.
E-mail address: [email protected]: + 43(0) 1 8904151
In Vienna on 10.10.2024
Withdrawal from the contract/complaint
Addressee (seller):
In case you want to withdraw from the purchase contract, turn off this form and send it to the seller.
I (we) hereby withdraw from the contract of purchase of these goods:
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Date of ordering the goods:
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Name and surname of buyer(s):
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Address of buyer(s):
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Date: ............... Signature of buyer(s)................................................
(only if this form is sent in paper form)
We will refund the amount within 7 working