TERMS OF SERVICE

1. General

  1. These general terms and conditions (hereinafter "GTC") apply to all contracts between the buyer or client (hereinafter "customer") and us Klara Hoskova (Color Flower - handmade accessories) (hereinafter "supplier") with regard to our goods and / or services , in particular sales contracts or other commissioned services (custom-made products, etc.) are concluded. The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed. If the supplier has a longer business relationship with the customer, these terms and conditions apply even if their validity is not specifically pointed out. The terms and conditions also apply to follow-up orders, even if they are not separately agreed orally or in writing.

  2. A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their commercial or independent professional activity.

  3. Employees of our company are prohibited from making commitments that deviate from these conditions. Oral agreements are only effective if they are confirmed in writing by the supplier.

 

 

2) Conclusion of a contract in the web shop / distance selling

 

  1. The product descriptions contained in the online shop of the supplier do not represent binding offers, but serve for the submission of a binding offer by the customer.

  2. The customer can submit the offer using the online order form integrated in our online shop. After placing the selected goods and / or services in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer for the goods and / or services contained in the shopping cart by clicking the button that concludes the ordering process . The customer can also submit the offer to the supplier by post, email, or telephone.

  3. The supplier can accept the customer's offer within five days,

 

  • by sending the customer a written order confirmation or an order confirmation in text form (e-mail), whereby the receipt of the order confirmation by the customer is decisive, or

  • by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or

  • by asking the customer to pay after placing his order.

 

 

3) Right of withdrawal

 

Consumers residing in the EU have the right to withdraw from contracts if

 

  1. the contract is concluded in one place with the simultaneous physical presence of the trader and the consumer, which is not the business premises of the trader,

  2. for which the consumer has made an offer under the mentioned in item 2 circumstances,

  3. which is closed at the premises of the operator or by remote communication means, immediately after the consumer in a place other than the business premises of the trader in the simultaneous physical presence of the operator or his agent and the consumer personally and individually was approached, or

  4. which is closed on a trip that was organized by a business owner or their representative and the intention or the result is that the contractor for the sale of goods or the provision of services or advertise the consumer can advertise and corresponding contracts with the Consumer concludes

  5. the contract is concluded between a trader and a consumer without the simultaneous physical presence of the trader and the consumer under an organized distance sales or service system, means of distance communication are used exclusively to and including the conclusion of the contract;

  6. the consumer has given his contract either in the continuous benützten by the entrepreneur for his business purposes rooms still with a items for them of this at a fair or a market stall or any business or interacting with third party called the consumer as part of a promotional tour, a Excursion or a similar event or through personal, individual approach on the street to the premises used by the entrepreneur for his business purposes and the contract does not fall under items 1. - 5..

 

The right of withdrawal according to section 6. the consumer is not entitled

  1. if he himself has initiated the business relationship with the entrepreneur or his agent for the purpose of concluding this contract,

  2. if the conclusion of the contract was not preceded by any discussions between the parties involved or their agents, or

  3. for contracts in which the mutual services are to be provided immediately, if they are usually concluded by entrepreneurs outside their business premises and the agreed fee is 25 euros, or if the company is by its nature not operated in permanent business premises and the fee does not exceed 50 euros

  4. in the case of contractual declarations made by the consumer in the physical absence of the entrepreneur, unless he has been urged to do so by the entrepreneur.

 

The consumer has no right to withdraw from distance sales or contracts concluded outside of business premises in accordance with items 1. - 5. above

 

  1. Services, if the entrepreneur - on the basis of an express request by the consumer as well as a confirmation by the consumer of his knowledge of the loss of the right of withdrawal in the event of complete fulfillment of the contract - had started performing the service before the withdrawal period had expired and the service was then fully provided,

  2. Goods that are made to customer specifications or that are clearly tailored to personal needs.

 

The consumer also has no right of withdrawal for contracts that are concluded outside of business premises (Z. 1. - 4.) and for which the remuneration to be paid by the consumer does not exceed the amount of 50 euros.

 

Further exceptions and more detailed information on the right of withdrawal can be found in our withdrawal instructions.

 

 

4) Prices and terms of payment

 

  1. Unless otherwise stated in our product description, the prices given are total prices. Any additional delivery and shipping costs that may arise are specified separately in the respective product description.

  2. In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases for which we are not responsible and which are to be borne by the customer. These include, for example, customs duties.

  3. Various payment options are available to the customer for distance orders, which are specified in our online shop.

  4. If prepayment is agreed for purchases via the online shop, payment is due immediately after the contract is concluded.

  5. If the payment method "PayPal" is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use, available at https: // www .paypal.com / de / webapps / mpp / ua / useragreement-full .

  6. In the case of contracts that were not concluded via the online shop - unless otherwise agreed - 30% of the order amount is due upon receipt of the order confirmation; any promised delivery period does not start until the payment date. Another 30% of the order total is due upon delivery. If the customer does not fulfill this obligation, the supplier is entitled to withhold the delivery. The rest is due upon completion and invoicing. Invoices that have been submitted are due within 14 days.

  7. In the event of default, the customer undertakes to reimburse the reminder and collection costs necessary for appropriate legal prosecution, provided that these are in reasonable proportion to the claim made and to pay default interest of 9% pa. The statutory default interest for entrepreneurs remains unaffected.

  8. If the customer does not meet his payments, if he stops his payments or if bankruptcy or settlement is opened for his assets, the entire remaining debt becomes due.

  9. Due to the small business regulation, no sales tax is shown and no sales tax is charged.

 

In the case of consumer transactions, this only applies if the supplier has already performed his services himself, if at least one outstanding service by the customer has been due for at least six weeks and the supplier has unsuccessfully warned the customer under threat of missing the deadline and setting a grace period of at least two weeks.

 

 

5) Delivery and shipping conditions

 

  1. The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the supplier's order processing is decisive. Deviating from this, when choosing the PayPal payment method, the delivery address stored by the customer at PayPal at the time of payment is decisive.

  2. If the transport company sends the goods back to the supplier because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the offered service, unless the supplier gave him the opportunity had announced the service a reasonable time in advance.

  3. As soon as the delivery has been handed over to the deliverer, he is responsible for it. We cannot guarantee a refund for packages damaged or lost in transit.

  4. In the case of self-collection, the supplier first informs the customer by email that the goods he has ordered are ready for collection. After receiving this e-mail, the customer can collect the goods from the supplier's headquarters after consultation with the supplier. In this case, no shipping costs will be charged.

 

 

6) Retention of title

 

  1. In relation to consumers, the supplier retains ownership of the delivered goods until the purchase price owed has been paid in full.

 

 

7) Warranty

 

In the event of defects, the provisions of the statutory warranty apply. Deviating from this, the following applies:

 

The consumer is asked to complain to the deliverer about goods delivered with obvious transport damage and to inform the supplier thereof. If the customer does not comply, this has no effect on his legal or contractual warranty claims.

 

 

8) Applicable law / place of jurisdiction

 

The law of the Republic of Austria applies to all legal relationships between the parties to the exclusion of the UN sales law. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer is domiciled is not withdrawn.

 

If the customer is an entrepreneur within the meaning of section 1.2, the exclusive place of jurisdiction is agreed to be the place of the supplier's place of business. Both for actions brought by the entrepreneur against the consumer and for actions by the consumer against the entrepreneur, the place of jurisdiction is the consumer's place of residence if the consumer is domiciled in the EU but not in Austria. If the consumer has his domicile or habitual residence in Austria, he can only be sued at the court in whose district the domicile or habitual residence is located; In this case, the entrepreneur can only be sued by the customer at his place of business, unless another place of jurisdiction is specified by law.

 

 

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