General terms and conditions of the online shop of ROZET & FISCHMEISTER
§ 1 Closure of contract – Scope
Between ROZET & FISCHMEISTER with its registered office in Vienna and the customer the following general terms and conditions (GTC) apply to the business relationships in connection with the sale of moveable items: The GTC apply to both consumers and consumers towards companies, unless a differentiation is made in the respective clause. The terms and conditions apply exclusively. ROZET & FISCHMEISTER does not recognize deviating conditions and hereby objects to them. If the customer is an entrepreneur with conflicting or deviating conditions, ROZET & FISCHMEISTER does not recognizes or accept these conditions and hereby objects to them, unless ROZET & FISCHMEISTER has agreed to them in writing.
§ 2 Business partners
Contractual partners can be natural persons and legal entities residing in the Republic of Austria or other countries.
§ 3 Offer – Acceptance – Conclusion of contract
The products displayed in the online shop do not yet constitute an offer. The customer in turn makes a contract offer (order). Therefore, an order placed electronically (via the Internet), in writing or by telephone is a legally binding offer. The receipt of orders is confirmed immediately, ie on the same working day, electronically and automatically. The confirmation of receipt itself does not constitute acceptance. The order is accepted by e-mail or by post. Orders are accepted or rejected within a reasonable and customary processing and consideration time in which inventory and creditworthiness can be checked. In the event of a credit check, the acceptance period must not exceed two weeks. In principle, only household quantities are given to end customers. Large-scale orders are only possible through an individual written agreement.
§ 4 Prices – Method of payment – Delay
The prices quoted are in EUR and include the statutory value added tax, which is indicated on the invoice. For orders over € 500 within the EU and over € 1,500 outside the EU, shipping costs are not charged. The prices of the respective day oft he order apply. Delivery takes place via delivery services of ROZET & FISCHMEISTER’s choice. The shipping costs are: flat rate within Austria € 8, in countries within the EU € 20, in countries outside the EU € 35. For deliveries to countries outside the European Union, applicable taxes and customs duties have to be paid by the customer. Shipping costs, cash on delivery fees, taxes and customs duties cannot be reimbursed. Transport insurance is always taken out. Postal parcels are automatically insured up to a value of EUR 500. Only cash in advance, online banking and credit cards are accepted as payment methods. The customer’s account / credit card is debited when the order is accepted. Payment on account is only possible with a prior written agreement. If necessary, ROZET & FISCHMEISTER checks and evaluates the data provided by the customer and, if justified, maintains a data exchange with a business information service. If an orderer is in arrears with payment, ROZET & FISCHMEISTER is entitled to demand default interest of 5% pa above the base rate. If ROZET & FISCHMEISTER demonstrably incurs a higher damage caused by delay, it is entitled to assert this. The customer is only entitled to offset this claim if his counterclaims have been legally established, have been recognized by ROZET & FISCHMEISTER or come from the same legal relationship.
§ 5 Delivery and notification of defects
Information about delivery times are non-binding, unless the delivery date has been confirmed as a binding exception. If in this case the non-observance or delay of an agreed delivery time is due to force majeure, industrial action, fire, unforeseen obstacles or other circumstances for which ROZET & FISCHMEISTER is not responsible, the delivery time will be extended for the duration of these events. ROZET & FISCHMEISTER is entitled to make partial deliveries if part of the goods ordered is temporarily not available. Additional shipping costs are borne by ROZET & FISCHMEISTER. If the customer is in default of acceptance, ROZET & FISCHMEISTER can claim compensation for any damage caused thereby, whereby the customer reserves the right to provide evidence of less damage. As long as the customer is in arrears with a liability, ROZET & FISCHMEISTER’s obligation to deliver is suspended.
§ 6 Warranty in case of defects
Within the framework of the following provisions, ROZET & FISCHMEISTER guarantees for the duration of the statutory warranty period of two years that deliveries and services are free from errors in the sense of warranty law. The purchaser must describe defects in the product as precisely as possible and return the product. A copy of the purchase invoice / delivery note must be enclosed with the returned goods. The correction of deficiencies in defective articles is primarily done by exchange. The warranty does not include defects and damage that are causally related to the fact that the customer has not complied with the regulations on repair, use and conditions of use, unless these circumstances are not the cause of the claimed defect
§ 7 Liability for damage
ROZET & FISCHMEISTER’s liability for contractual breaches of duty and liability for tort is limited to intent and gross negligence. Insofar as liability for damage that is not based on the injury to life, limb or health of the customer for slight negligence is not excluded, such claims expire within one year from the time the claim arises. Insofar as the liability for damages against ROZET & FISCHMEISTER is excluded or limited, this also applies with regard to the personal liability for damages of the employees, workers, employees, representatives and vicarious agents of ROZET & FISCHMEISTER. ROZET & FISCHMEISTER is in particular not liable for non-specific product-related information and tips that are offered free of charge, as well as for hyperlinks that refer to external offers.
§ 8 Reservation of availability
Articles that cannot be delivered are identified as such on the Internet or placed offline (not visible). ROZET & FISCHMEISTER has the right to withdraw from the contract if the customer does not receive the delivery of the item despite the prior conclusion of a purchase contract. The customer will be informed immediately about the failure to deliver himself and, in the event of a withdrawal, will immediately receive any consideration already received. In the case of customers not ordering, ROZET & FISCHMEISTER is entitled to withdraw from the contract in the event of missing, incorrect or late delivery.
§ 9 Cancellation policy
Right of withdrawal
Der Kunde kann seine Vertragserklärung innerhalb von 14 Kalendertagen ohne Angabe von Gründen widerrufen. Die Frist beginnt mit Erhalt der Ware zu laufen. Zur Wahrung der Widerrufsfrist genügt die rechtzeitige Absendung des Widerrufs.
The customer can withdraw from the contract within 14 calendar days without giving a reason. The period begins when the goods are received. To meet the cancellation deadline, it is sufficient to send the cancellation in good time. In the appendix to these terms and conditions there is an information sheet for exercising the right of withdrawal and a sample withdrawal form. In order to ensure the fastest possible processing, the customer must include a copy of the purchase invoice / delivery note and a detailed description of the error when returning the goods. An omission has no legal consequences.
Consequences of withdrawal
In the event of an effective cancellation, the services received on both sides must be postponed. If the goods deteriorate, ROZET & FISCHMEISTER can demand compensation. This does not apply if the deterioration of the goods is solely due to their inspection – as the customer could have done in a shop. In addition, the customer can avoid an obligation to pay compensation by not using the goods as an owner and by refraining from anything that affects the value of the goods. The customer has to bear the costs of the return if the delivered goods correspond to the ordered ones and if the price of the item to be returned does not exceed € 120) or if the customer does not yet receive the consideration for a higher price of the item at the time of the revocation or has made a contractually agreed installment. If possible, the goods should be returned to ROZET & FISCHMEISTER in their original packaging and with all packaging components. If the original packaging no longer exists, suitable packaging must be used to ensure adequate protection against damage in transit. The customer is only entitled to declare the return by sending a return request in text form, e.g. by letter, ROZET & FISCHMEISTER or email, for goods that cannot be sent as a parcel (e.g. bulky goods or packages over 20 kg).
The right of withdrawal does not exist for contracts about products that are made to customer specifications or are clearly tailored to the customer’s personal needs.
§ 10 Retention of title
The delivered goods remain the property of ROZET & FISCHMEISTER until full payment.
§ 11 Inspection and notification obligations
If the customer is an entrepreneur, he must examine the goods within a reasonable period of time after delivery and, if there is a defect, notify ROZET & FISCHMEISTER immediately. If the customer omits this notification, the goods are considered approved. If a defect shows up later, the notification must be made within a reasonable period after discovery.
§ 12 export
ROZET & FISCHMEISTER assumes no liability for the export of goods to customers outside of the Republic of Austria if third party property rights are violated by the delivered products. The buyer is obliged to compensate for any damage caused by the export of goods that were not expressly delivered by ROZET & FISCHMEISTER for export.
§ 13 Contract effectiveness / transferability
Should one or more provisions of these general terms and conditions be ineffective, this does not affect the effectiveness of the remaining provisions. The customer can only transfer rights from this contract with the consent of ROZET & FISCHMEISTER.
§ 14 Notice
ROZET & FISCHMEISTER supplies jewelry made of gold and silver, jewelry items made of silver, jewelry and silverware, as well as other high-quality products ..
§ 15 Applicable law and place of jurisdiction
The law of the Republic of Austria applies. The validity of the international uniform right to buy goods of the Uncitral Agreement is excluded. The place of jurisdiction for business dealings with entrepreneurs, legal entities under public law or special funds under public law is the court responsible for the first district of Vienna.
§ 16 Declaration on data protection
To process the business relationship, ROZET & FISCHMEISTER stores personal data electronically and for this purpose alone necessarily passes them on to third parties (e.g. post office, legal adviser from ROZET & FISCHMEISTER). The customer is entitled to prohibit the disclosure of the data at any time. ROZET & FISCHMEISTER saves the order data and sends them together with these terms and conditions to the customer by email. The general terms and conditions can be viewed at any time via (www.rozetundfischmeister.at). If the customer has created an account with ROZET & FISCHMEISTER, the order data can be viewed in the customer login area. However, if the customer chose “Shopping without logging in”, the order data is not accessible via the Internet. Cookies or active content are obtained from the website (www.rozetundfischmeister.at).
§ 17 Information on alternative dispute resolution
An online dispute resolution (OS) platform has been set up at the European Commission to settle disputes arising from online sales contracts or online service contracts. This can be called up under the link : https://webgate.ec.europa.eu/odr/
Appendix – Information on exercising the right of withdrawal
Cancellation policy – Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the date of taking delivery of the goods. In order to exercise your right of cancellation, you must inform us of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post). You can use the attached cancellation form, which is not mandatory, however. You can also electronically fill in and send the sample withdrawal form or another clear statement on our website https://rozetundfischmeister.at/ . If you make use of this option, we will immediately send you a confirmation (e.g. by email) that we have received such a cancellation To meet the cancellation deadline, it is sufficient for you to send your communication regarding your right of cancellation before the cancellation period expires.
Consequences of cancellation
If you cancel this contract, we will repay immediately all payments we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you chose a different type of delivery than the cheapest standard delivery we offer have) at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the 14-day period has expired. We can refuse the repayment until we have received the goods back. You bear the direct costs of returning the goods:
Example withdrawal form
(If you want to cancel the contract, please fill out this form and send it back).
ROZET & FISCHMEISTER
1010 Vienna Austria
Tel .: +43 1 533 80 61
Fax: +43 1 533 80 62
Hereby I / we (*) cancel the contract concluded by me / us (*) 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 notification on paper) …
(*) Delete where inapplicable