Conditions of Use
Terms of Service
1. Validity
1.1 For all contracts between the entrepreneur Margit Sonja Steidl (forthwith called “supplier”) and the contracting party (forthwith called “consumer “) the following terms and conditions apply without exception. 1.2 All terms referring to persons apply to men and women equally.
1.3. "Merchandise" under these terms includes all items, services and vouchers offered.
2. Written form
Different rules are only valid if they have been agreed between shop and customer in writing. Changes to these terms must also be in writing, unless the consumer is to be considered a consumer under the Consumer Protection Act. Previous oral agreements are rendered void as soon as the contract is entered by both parties.
3. Contract
The offers in the online shop of the supplier are a non-binding request to the consumer to enter into a contract by placing an order online. By ordering the desired merchandise, the consumer makes a binding offer to conclude a purchase contract. Once the consumer has placed an order, she will receive an email confirming the receipt of the order by the supplier (order confirmation). This confirmation by the supplier does not constitute acceptance of the offer but only information that the order (bid) has been received by the supplier. A purchase contract is concluded only by the merchandise being shipping by the supplier.
4. Prices
4.1. All Prices are in Euro and include 20% value added tax (VAT).
4.2 Shipping costs (see under 5.) are not included in the prices stated.
4.3. In case of a merchandise being incorrectly priced in the online shop, the consumer will be informed by the supplier prior to the merchandise being shipped. The consumer will then have the opportunity to aquire the merchandise at the correct price or to cancel her order.
5. Packaging and shipping costs
Shipping costs are priced according to area as follows:
5.1. Shipping within Austria:
Up to 2 kg: 4,30 EUR
Up to 4 kg: 5,40 EUR
Up to 8 kg: 6,50 EUR
5.2. Shipping to zone 1a (DE, IT, SK, SI, HU, CZ):
Up to 2 kg: 9,90 EUR
Up to 3 kg: 14,75 EUR
5.3. Shipping to zone 1b (BE, BG, DK, EE, FI, FR, GR, GB, IE, LT, LV, LU, MC, MT, NL, PL, PT, RO, SE, SK, ES, CY)
Up to 2 kg: 9,90 EUR
Up to 3 kg: 15,50 EUR
5.4. Shipping to zone 2 (EG, FO, AL, DZ, AD, AM, AZ, BA, FO, BY, CH, GE, GI, GL, IL, LI, KO, HR, LB, LY, MA, MK, ME, NO, RU, RS, SY, SM, TN, TR, UA, VU)
Up to 2 kg: 9,90 EUR
Up to 3 kg: 15,50 EUR
5.5. Shipping to zone 3 (ET, BH, BJ, BF, CI, DJ, ER, GM, GH, GU, GN, GW, IQ, IR, YE, JO, CM, CA, CV, KZ, QA, KG, KW, LR, ML, MH, MR, FM, NE, NG, MP, OM, PR, SA, SN, SL, SO, SD, TJ, TG, TD, TM, UZ, AE, US, UM, CF)
Up to 2 kg: 21,80 EUR
Up to 3 kg: 21,80 EUR
5.6. Shipping to zone 4 (AF, AO, AI, AG, GQ, AR, BS, BD, BB, BZ, BM, BT, BO, BW, BR, BN, BI, KY, CL, CN, CR, DM, DO, EC, SV, FK, GF, GA, GD, GP, GT, GY, HT, HN,HK, IN, ID, TP, JM, JP, KH, KE, CO, KM, CG, KP, KR, CU, LA, LS, MO, MG, MW, MY, MV, MQ, MU, MX, MN, MS, MZ, MM, NA, NP, NI, AN, AW, PK, PA, PY,
PE, PH, RE, RW, ZM, ST, SC, ZW, SG, LK, KN, LC, PM, VC, ZA, SR, SZ, TZ, TH, TT, TC, UG, UY, VE, VN,VG)
Up to 2 kg: 21,80 EUR
Up to 3 kg: 26 EUR
5.7. Shipping to zone 5 (AU, CK, FJ, PF, KI, NR, NC, NZ, PG, PN, SB, TO, TV, VU, WF, WS)
Up to 2 kg: 21,80 EUR
Up to 3 kg: 32 EUR
5.8. If it is necessary to ship multiple orders in several shipments due to the laws and regulations of the Austrian Postal Service, the consumer will have to bear the expenses of all necessary shipments.
6. Payment and retention of title/ownership
6.1. The consumer can pay either via Paypal or by paying the entire amount in advance. The supplier reserves the right to not offer one of these options as she sees fit.
6.2. The supplier retains ownership of the merchandise until the entire purchase price has been paid and received.
7. Delivery and delivery time
7.1. The ordered merchandise is sent as soon as the complete purchase price is registered in the supplier’s bank account.
7.2. Delivery will be made to Austria and all other European countries via the Austrian Postal Services to the address given by the consumer .
7.3. Delivery time within Austria is 1 to 2 weeks. Delivery to other countries might be longer, and all delivery times are estimates and cannot be guaranteed by the supplier.
7.4. In case of delay or a sudden unavailability of the desired merchandise, the consumer will be informed by email immediately, provided the consumer has given her email address to the supplier. The consumer ’s rights remain unaffected.
8. Right of withdrawal
8.1. The consumer can withdraw from a contract made my distance selling within 14 days without further reason, either by writing (i.e. by email or letter) or by returning the merchandise to the supplier. The cooling off periode starts as soon as the merchandise has been received by the consumer , but not before the consumer has received these instructions. It is sufficient to have sent the written withdrawal or the merchandise within the cooling off period.
The withdrawal (revocation) is to be send to:
Farben ins Leben e.U.
Margit Sonja Steidl
Clementinengasse 5
1150 Wien
Österreich
OR by email to
office@farbeninsleben.at
8.2. Consequences of withdrawal:
In case of withdrawal both parties must return received merchandise, services or payment received, the latter with interest, if applicable. If the consumer is unable to return the merchandise or only able to return the merchandise in an inferior condition, the consumer is liable to pay compensation. Such liability only applies if the merchandise is damaged or rendered inferior by use or handling not directly connected to the testing of the merchandise’s function and properties. Packaged merchandise is to be sent at the supplier’s risk.
8.3. Shipping costs for the return of the merchandise are handled at the consumer’s expense.
9. Exclusion from the right of withdrawal
Right of withdrawal does not apply to merchandise bought by distance selling but manufactured according to specific wishes/needs/specifications made by the consumer .
10. Warranty
10.1. Statutory warranty provisions apply. Since the offered merchandise comprises only unique products, small differences between the merchandise and pictures on the webpages may occur with regard to color, shape and size.
10.2. If the consumer receives a replacement or withdraws from the contract, the consumer is obligated to return the original merchandise to the supplier within 30 days. The return has to comply with the rules of returned merchandise stated by law. The supplier reserves the right to demand damages in case of noncompliance.
11. Limitation of liability
The supplier assumes full responsibility, if the damage is due to an intentional or grossly negligent breach of duty. This limitation also applies to the personal liability of its representatives and agents. The exclusion of liability for ordinary negligence does not apply to injury to life, limb or health, if there is a guarantee for the quality of the merchandise or if defects have been fraudulently concealed. The liability under the product liability law remains unaffected.
12. Limitation of liability and consumer ’s duty regarding vouchers
Vouchers are not personal. The consumer is obligated to inform the supplier immediately if a voucher is lost or stolen (loss report). The supplier assumes no responsibility for the unlawful redemption of a voucher if such a report has not been received.
13. Commercial resale of vouchers
The commercial resale of the supplier’s vouchers by the consumer is not permitted.
14. Privacy policy
The following personal data about the consumer can be processed and stored electronically and – within the framework of the Data Protection Act – transferred and used:
- Name, address, email address, fax- and phone number, birthdate
- Data concerning the order, sent merchandise, order dates
15. Set-off against claims of the supplier
The set-off against claims of the supplier are only admissible in undisputed, legally established claims or demands of the consumer, which have a direct legal connection with this contract.
16. Choice of law and jurisdiction
14.1. This contract is subject to Austrian law (excluding the international law rules).
14.2. The sole jurisdiction is the court competent for Vienna, Inner City. If the consumer is a consumer under the Consumer Protection Act the competent jurisdiction is the court of law at her place of residence. The consumer can also in such cases use the court stated above.
17. Severability
The whole or partial invalidity or invalidity of any provision of these terms shall not affect the validity of the remaining provisions.