1 SCOPE OF APPLICATION
(1) By using the &Friends website (www.andfriends.at) and by ordering products in the &Friends webshop (www.andfriends.at), the contractual partner declares his agreement with the following terms and conditions. The offer is aimed exclusively at customers domiciled or resident or habitually resident within the 28 member states of the European Union. Yasmin Proksch e.U. / &Friends Store renders the services exclusively on the basis of these General Terms and Conditions.
These General Terms and Conditions are an integral part of every contract between the contractual partner and Yasmin Proksch e.U. / &Friends with its registered office at Operngasse 36, Lokal A 1040 Vienna, Austria, e-mail: firstname.lastname@example.org, www.andfriends.at.
The currently valid General Terms and Conditions can be found on the website www.andfriends.at and printed out.
2 CONCLUSION OF CONTRACT
(1) The contractual partner is Yasmin Proksch e.U. , Operngasse 36 Lokal A 1040, Vienna, Austria (hereinafter referred to as "&Friends").
(2) The representation and presentation of the products on the website or in the webshop does not yet constitute a binding offer by &Friends to conclude a purchase contract. This is a non-binding invitation to order goods in the webshop.
(3) The customer's order constitutes an offer. A contract is only concluded after acceptance on our part.
An order is only possible if all mandatory fields in the order form are filled in. If any information is missing or if we are unable to complete the order because of other reasons, the customer will receive an error message. Before the final submission of the order, the customer is given the opportunity to correct his order.
As soon as the order process has been completed, the customer will be informed by an information window "Your order has been completed and successfully sent to us". This does not constitute an acceptance of the customer's offer on our part.
(4) If the order has been received by us, the customer will be informed of the receipt of his order by an automatically generated e-mail, which confirms that we have received the order, a so-called acknowledgement of receipt of his order. This communication does not constitute an acceptance of the customer's offer on our part. The data of the order and the other entered data are stored for further internal use for the processing of the order.
The customer is bound to his order 2 days from receipt of this order. The legal right of cancellation (right of withdrawal) remains unaffected.
The valid contract of sale shall only come into force upon acceptance of the offer, which can be declared separately and explicitly or is triggered by a shipping confirmation sent to the customer by &Friends. The contract of sale is stored by us, but is not accessible for our customer via the webshop. If the customer would like to have the text of the contract, he can save and/or print it out himself, as the entire contract details will be sent to him by email in the course of the order process.
(5) In the event that the customer's order cannot be carried out due to unavailability of the goods or other possible reasons, &Friends will inform the customer immediately.
(6) &Friends reserves the right to withdraw from the contract of sale if this is due to faulty information such as printing or typographical errors on the &Friends website.
(7) The invitation to submit an offer is valid as long as stocks last. In the event that suppliers of &Friends fail to comply with their contractual obligation to deliver goods and this results in &Friends being unable to deliver a product, &Friends reserves the right to withdraw from the contract of sale. In case this happens, &Friends will inform the customer immediately. Payments already made by the customer will then be transferred back within 14 days from the time of withdrawal from the contract or credited against alternative orders at the customer's request.
3 DELIVERY, TERMS OF DELIVERY, DELIVERY COSTS
(1) Unless otherwise agreed in writing, delivery shall be made ex warehouse to the address indicated by the customer. If the customer is a consumer, the shipping risk shall be borne exclusively by Yasmin Proksch e.U./&Friends. If, on the other hand, the customer is an entrepreneur, the risk shall pass to the customer as soon as &Friends has handed over or delivered the goods to the logistics partner, or any other persons designated to carry out the shipment.
(2) Unless otherwise agreed, we will deliver within 14 days of our confirmation of the contract concluded. The contractual partner shall accept minor delays in delivery without being entitled to claim damages or to withdraw from the contract.
(3) Unless otherwise agreed, our contractual partner shall bear the delivery costs. The countries to which &Friends currently delivers can be seen here:
4 PAYMENT METHODS
(1) We accept the following payment methods:
- Credit card (VISA or Master Card) or
(2) All prices are understood as total prices. They are inclusive of all taxes including sales tax and levies but excluding shipping costs. The shipping costs can be found in our shipping costs overview (LINK: shipping and handling)
In the case of delivery to a non-EU country, the consumer must bear all import and export expenses including any customs duties, fees and taxes. The costs of return shipment in the event of cancellation/rescission shall be borne by the consumer.
The contractual partner waives the possibility of offsetting. However, this does not apply to consumers in the event of our insolvency and for counterclaims that are legally related to our claim, have been determined by the courts or have been recognised by us. In these cases, consumers have the option of offsetting.
6 RETENTION OF TITLE
The goods remain the property of &Friends until full payment has been made.
In the event of the customer's default in payment, we shall be entitled to assert our rights arising from the retention of title. It is agreed that the assertion of retention of title shall not constitute a withdrawal from the contract unless we explicitly declare withdrawal from the contract.
7 DEFAULT IN ACCEPTANCE
If the consumer is in default of acceptance, we are entitled to store the goods with us, for which we charge a storage fee of € 1 per calendar day or part thereof. At the same time, we shall remain entitled to insist on performance of the contract.
8 DEFAULT INTEREST
Even in the event of default of payment by the contractual partner without fault of our own, we shall be entitled to charge interests on arrears in the amount of 4% per annum; this shall not affect claims for compensation of proven interest in the event of default of payment for which we are to blame.
The provisions on the statutory warranty apply. The warranty period is 2 years/24 months and begins with the taking over of the purchased item, if you are a consumer.
Complaints on the basis of statutory warranty claims or other complaints can be asserted under the contact details given in the imprint or at email@example.com
Hidden defects must be notified immediately after their discovery. If a notification of defects is not made or is not made in time, the goods shall be deemed to have been approved. The assertion of warranty claims or claims for damages due to the defect itself as well as the right to contest errors due to defects are excluded in these cases.
10 DAMAGES FOR ENTREPRENEURS
Apart from personal injury, we shall only be liable if at least gross negligence is proven to us by the injured party. Claims for damages shall become statute-barred after 6 months from the time of knowledge of damage, in any case after 10 years from the time of performance or delivery.
11 CANCELLATION POLICY / RIGHT TO CANCELLATION FOR CONSUMERS
Right to cancellation
You have the right to revoke the contract within fourteen days without stating any reasons. The revocation period shall be fourteen days from the day on which the customer or a third party named by the customer who is not a carrier has taken possession of the goods.
In order to exercise the right to cancellation, you must inform us by means of a clear declaration to &Friends, Operngasse 36 Lokal A, 1040 Vienna, Austria (e. g. registered letter or email to firstname.lastname@example.org) about your decision to cancel the contract. You can use our cancellation form, but this is not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notice of withdrawal prior to the expiry of the withdrawal period.
Consequences of the cancellation
If the contract is cancelled, all payments that we have already received from you, including the paid delivery costs (except for the additional costs resulting from the fact that a different type of delivery than the cheapest standard delivery offered by &Friends has been chosen) will be refunded to us immediately and at the latest within fourteen days from the day on which we received the notice of withdrawal of this contract.
We will use the same means of payment for repayment as was chosen in the original transaction, unless otherwise agreed with you; in no case will you be charged for this repayment.
We may refuse the refund until we have received the goods back from you or you have provided evidence that the goods have been returned, whichever is the earlier.
In any case, you must return or hand over the goods to &Friends without delay and in any case no later than within fourteen days from the day on which you informed &Friends of the cancellation of this contract. The deadline shall be deemed to have been met if the customer sends the goods before expiry of the 14-day deadline.
The direct costs of returning the goods will be borne by you. You only have to pay for a possible loss of value of the goods if this loss of value is due to a non-necessary and unusual handling of the goods which is not necessary for checking the quality, properties and functionality of the goods.
Non-existent or void right of withdrawal (right of rescission)
However, the right to cancellation does not apply to deliveries of goods which are manufactured according to customer specifications or are clearly tailored to personal needs.
The right to cancellation does not apply to goods that are delivered sealed and are not suitable for return for reasons of health or hygiene if their sealing has been removed after delivery.
Avoid damage and contamination. If possible, the goods should be returned to us in their original packaging with all accessories and components. If this is no longer possible, please ensure that you provide adequate protection against transport damage in order to avoid claims for damages due to damage caused by defective packaging.
The foregoing paragraphs shall not be regarded as a mandatory prerequisite for the effective exercise of the right of withdrawal.
Standard cancellation form
If you cancel the contract, this form can be used and sent to &Friends. However, this is not obligatory.
Operngasse 36 Lokal A
- I/we (*) hereby cancel the contract for the purchase of the following goods (*):
- Ordered on (*) / received on (*)
- Name of the consumer (s)
- Address of the consumer (s)
- Signature of the consumer (s) (only for communication on paper)
(*) Delete as applicable
End of the withdrawal instruction.
12 TRANSPORT DAMAGE
(1) If our goods have been delivered with obvious transport damage, please complain about such errors immediately to the deliverer and contact him.
(2) The non-immediate complaint or contact has no consequences for warranty claims. However, they help us to assert our own claims against the deliverer.
13 PRODUCT LIABILITY FOR ENTREPRENEURS
Any claims for recourse against us arising from the title "Product Liability" in accordance with Product Liability Act are excluded, unless the party entitled to recourse proves that the error was caused in our sphere and was at least grossly negligent.
14 ONLINE DISPUTE RESOLUTION INFORMATION
Consumers also have the opportunity to contact the EU's online dispute settlement unit. In accordance with Directive 2013/11/EU, the European Commission has set up this Internet platform for the online settlement of disputes ("OS Platform") between businesses and consumers. This can be reached via the following link: (also available on the start page) http://ec.europa.eu/consumers/odr
The platform is intended to enable consumers and retailers to settle disputes relating to online purchase contracts or online service contracts simply, efficiently, quickly and out of court.
However, we prefer the direct and personal approach and the direct clarification of your concerns and therefore do not participate in consumer arbitration procedures. In this case, please contact us and send your complaint to: email@example.com.
15 FINAL PROVISIONS
(1) The Austrian substantive law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. The language of the contract is German. Consumers who are habitually resident abroad can also invoke the law of the country in which they reside, irrespective of the specific choice of law.
(2) Place of performance is the registered office of Yasmin Proksch e.U. / &Friends, Operngasse 36 Lokal A, 1040 Vienna, Austria, if the customer is an entrepreneur.
(3) For entrepreneurs, the competent local court at the domicile of our company shall have local jurisdiction to decide all disputes arising from this contract. However, we shall also have the right to sue at the general place of jurisdiction of the contractual partner.
As of 31 March 2020