Conditions

scope

1.1 These General Terms and Conditions (hereinafter "GTC") of

Andrea Harich

Felix-Mottl-Strasse 42/3

1190 Vienna

apply to all contracts for the delivery of goods and services that a consumer or entrepreneur (hereinafter "customer") concludes with the seller with regard to his goods and services. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.

A consumer is any natural person who engages in a transaction that is not part of the operation of their business. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. Stock corporations, limited liability companies, commercial and economic cooperatives, mutual insurance associations, savings banks, European economic interest groups (EEIG), European companies (SE) and European cooperatives (SCE) are entrepreneurs by virtue of their legal form.

conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.

2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods or services in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods or services contained in the shopping cart by clicking the button that concludes the ordering process. If the customer is an entrepreneur, he can also submit his legally binding offer by email.

2.3 The seller can accept the customer's offer within 5 days,

by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the customer is decisive, or
by asking the customer to pay after placing his order

If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the 5th day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.

If the customer selects a payment method as part of the online ordering process by clicking the button that completes the ordering process and at the same time issuing a payment order to his payment service provider to transfer the money directly to the seller's account, the seller already declares this in deviation from Section 2.3 now the acceptance of the customer's offer at the moment when the money arrives in the seller's account.

2.4 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. email) after the order has been sent.

If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be called up free of charge by the customer via his password-protected user account by providing the corresponding login data.

2.5 Only the German language is available for the conclusion of the contract.

2.7 Order processing and contact are usually made via email and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.

right of withdrawal

3.1 Consumers residing in the EU are generally entitled to a right of withdrawal when concluding a distance selling contract.

A distance contract is a contract between the seller and a consumer concluded without the simultaneous physical presence of the seller and the consumer, whereby only means of distance communication (fax, internet, telephone) are used up to and including the conclusion of the contract.

3.2 Further information on the right of withdrawal can be found in the seller's instructions on withdrawal.

Prices and terms of payment

4.1 Unless otherwise stated in the seller's product and service description, the prices quoted are total prices that include statutory sales tax.

4.2 Andrea Harich currently offers the following payment methods: Credit cards such as Visa, Mastercard, Discover, AMEX, Diners, CUP, JCB and Maestro and you can also use Klarna Sofortzahlen as payment methods.

Credit Cards: Your credit card will be connected directly to our payment portal upon check-out to process your payment. The credit card details are transmitted in a secure payment window.

Klarna Sofort: With SOFORT transfer, you can conveniently transfer the respective amount to your online banking account while you are still placing your order. Andrea Harich receives a real-time confirmation after completing the SOFORT transfer. This means that the order can be processed immediately

retention of title

5.1 In relation to its customers, regardless of whether they are consumers or entrepreneurs, the seller reserves title to the goods provided until the purchase price owed has been paid in full.

Delivery and shipping conditions

6.1 Our offers are open to all customers with a place of residence or registered office in a member state of the European Union, in the United Kingdom, in the United States and Switzerland. Delivery is within the European Union, the United Kingdom, the United States and Switzerland.

6.2 Goods are delivered to the delivery address specified by the customer, unless otherwise agreed.

6.3 If the customer acts as an entrepreneur, the risk of loss of or damage to the goods sold passes to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier or the person or company otherwise responsible for carrying out the shipment. If the customer acts as a consumer, the risk only passes to the consumer as soon as the goods are delivered to the consumer or to a third party designated by the consumer who is different from the carrier. However, if the consumer himself has concluded the contract of carriage without making use of one of the options suggested by the entrepreneur, the risk passes to the carrier as soon as the goods are handed over.

Warranty/Liability

The provisions of the statutory warranty apply.

If the customer acts as an entrepreneur, the following also applies:

In principle, an insignificant defect does not justify any warranty claims,
The seller has the choice of how to remedy the defect
The statute of limitations does not begin again if a replacement delivery is made as part of the warranty.
If the customer acts as an entrepreneur within the meaning of UGB, he is subject to the commercial obligation to examine and give notice of defects in accordance with § 377 UGB. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.

Liability of the seller is excluded for slight negligence, unless it is m personal injury. These liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.

Jurisdiction/Applicable Law

8.1. In relation to entrepreneurs, Austrian substantive law applies exclusively, excluding the UN sales law. Insofar as there are no mandatory legal provisions to the contrary, this also applies to customers who are consumers and who do not have their place of residence or habitual abode in an EU member state at the time the contract is concluded. For consumers who have their place of residence or habitual residence in an EU member state at the time the contract is concluded, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his place of residence or habitual residence is withdrawn becomes.

8.2. The statutory places of jurisdiction apply to consumers who are domiciled or have their habitual abode in a member state of the EU. In relation to entrepreneurs, the materially competent court at the seller's registered office is agreed as the exclusive competent court. Insofar as there are no mandatory legal provisions to the contrary, this also applies to customers who are consumers and who do not have their place of residence or habitual abode in an EU member state at the time the contract is concluded.

Alternative Dispute Resolution

9.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.