1. validity of general terms and conditions (GTC)
The following terms and conditions apply to all contracts, deliveries and other services. Deviating regulations shall not apply. We hereby expressly object to such. All subsidiary agreements require our written confirmation.
Our contractual partner agrees that, in case of doubt, our terms and conditions shall be assumed in the event of use of the GTC by him, even if the terms and conditions of the contractual partner remain unchallenged.
In this respect, contractual performance on our part shall not be deemed to constitute consent to contractual terms that deviate from our terms and conditions.If ambiguities nevertheless remain in the interpretation of the contract, these shall be resolved in such a way that those contents are deemed to have been agreed which are usually agreed in comparable cases.
2. offer
Our offers are subject to change.The contract shall not be deemed concluded until we have sent a written order confirmation.
The prices listed in the Hearts in Hands online shop are in euros and include statutory VAT. The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalogue. By clicking the ‘Submit Order’ button, you are placing a binding order for the goods contained in your shopping basket. Confirmation of receipt of your order will follow immediately after you have submitted it. We may accept your order by sending an order confirmation by email or by dispatching the goods within five days. Hearts in Hands reserves the right, in particular, not to accept the order if an item is unavailable, if you have unjustifiably failed to pay invoices relating to previous deliveries, if your credit card authorisation is not successfully completed, or if there are otherwise legitimate doubts regarding your creditworthiness. If Hearts in Hands is unable to fulfil an order, Hearts in Hands will inform you of this as soon as possible. Orders are only accepted in quantities customary for household use.
Please note: the goods shown on the website were photographed digitally.There may be slight deviations between the representation of the goods and the reality; in particular color deviations of the individual handprint; such deviations do not constitute a defect of the ordered goods.
We save your order data.If you wish to print out your order, you have the option of printing out an “order confirmation”.This will appear on your screen after you have sent the order to us by clicking the “Complete order” button and your credit card details have been successfully checked.In addition, you will receive the order confirmation with all the data provided by e-mail, which can also be printed out.Your payment details are recorded by Paypal and are not stored by us.
3. terms of payment
The buyer undertakes to pay the purchase price in full upon conclusion of the contract.
Payment shall only be deemed to have been made on time if the amount has been received or credited to our account on the due date.
You can pay for the goods by credit card and PayPal.If you pay by credit card, your account will be debited upon completion of the order.Should you fall into arrears with payment, Hearts in Hands is entitled to charge reminder fees and interest on arrears at the legally permissible rate and any additional processing costs incurred.
Hearts in Hands reserves the right to only allow certain payment methods in the event of a negative result of the address and credit check.
We have an SSL connection (Secure Socket Layer) through which the payment is processed.Once the invoice amount has been reserved on your credit card account, we will process your order within the delivery period.
4. reservation of title
The goods remain the property of Hearts in Hands until payment has been made in full.
Resale is not permitted.
In the event of default, we shall be entitled to assert our rights arising from the retention of title.It is agreed that the assertion of the retention of title does not constitute a withdrawal from the contract, unless we expressly declare our withdrawal from the contract.
5. non-performance/delay in delivery and performance
In any case, the buyer/customer shall accept minor delays in delivery (up to 7 days) without being entitled to claim damages or withdraw from the contract.
6. unilateral changes in performance
Objectively justified and reasonable changes to our performance or delivery obligation, in particular reasonable delivery deadlines or short-term payment deadline overruns on our part, shall be deemed to have been approved in advance.
7. right of withdrawal
The right of withdrawal only applies if the jars have not been opened and the box is intact, i.e. only if the goods are in an unused and resalable condition.If this is not the case, we reserve the right to withhold the refund of the purchase price.
In the event of a purchase withdrawal and agreed return shipment, the costs shall be borne by the buyer.
Please note: returns are only possible with an invoice.
7.a.Return shipment:
You must notify us online before returning an item purchased online.Please send an email to office@hearts-in-hands.at with the subject “Return” and include your full name, transaction ID and the reason for your return in the body of the email.We will then get back to you within 24 hours.Please pack the item in the same condition as when you received it, enclose a piece of paper with your full name, transaction ID and whether you would like a refund or an exchange legibly written on it.
If you decide to exchange an item, please clearly state which item you wish to exchange.You must then return the parcel to a post office counter.The postage fee must be paid by you.Remember to obtain and keep a delivery receipt from the post office, as this serves as proof of delivery.
8. Shipping
Shipping takes place within 2-5 working days and is carried out by a shipping company such as DPD or Austrian Post.The shipping times are Monday to Friday from 9.00 to 15.00 (with the exception of Austrian public holidays).
Shipping costs for Austria, small package: €6
; shipping costs for Europe, small package: €13; Switzerland: €20
For larger packages, the costs may vary.
Austria Large Boxes: €20
EU Large Boxes and Up: €25
Switzerland Large Boxes: €30
All orders are provided with a tracking number.As soon as your item has been dispatched, you will receive an email with your tracking number.
9. Warranty
Apart from those cases in which the right to rescission is granted by law, we reserve the right to fulfill the warranty claim at our discretion by improvement, replacement or price reduction.
The recipient must always prove that the defect was already present at the time of handover.The time of handover is the time of acceptance by a shipping company.
The goods must be inspected immediately after delivery.Any defects found (broken jars, hardened silicone) must also be reported to the seller immediately, but at the latest within 3 days of delivery, stating the nature and extent of the defect.
Hidden defects must be reported immediately after their discovery.If a notice of defects is not made or not made in good time, the goods shall be deemed to have been approved.The assertion of warranty claims or claims for damages as well as the right to challenge errors due to defects are excluded in these cases.
10. Choice of Law
This contract shall be governed by Austrian substantive law.
11. Agreement on the Forum
Austrian law shall apply to all contracts and agreements between the customer and Hearts in Hands, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.The place of jurisdiction for any disputes shall be Vienna or the place of jurisdiction stipulated by law.However, we also have the right to take legal action at the general place of jurisdiction of the contractual partner.
11.3) You may access and use the website for your personal, noncommercial use. Provided that you retain all copyright and proprietary notices, you may:
- retrieve the content of the website and display it on a screen,
- print copies of the content for your personal use and
- store the Content in electronic form (except that you may not store it on a server or other storage device connected to a network).
11.4) You may not use this website or its content:
- for commercial purposes,
- for resale purposes, including the systematic extraction and/or reuse of any part of the content of this website,
- to interfere with our network or any website connected to this website or to gain unauthorized access to other computer systems.
- for any purpose that is unlawful.
12. 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 day on which you, or a third party designated by you (other than the carrier), took possession of the goods.
To exercise your right of withdrawal, you must notify us (Catharina Bond, Hockegasse 46/5, 1180 Vienna, Austria, office@hearts-in-hands.at, Phone: 00436505009183) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by mail or an email). You may use the attached model withdrawal form for this purpose, though its use is not mandatory.
To comply with the cancellation period, it is sufficient for you to send the notice of your intention to exercise your right of cancellation before the cancellation period expires.
Consequences of the Revocation
If you cancel this contract, we must refund to you all payments we have received from you, including delivery costs (except for any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery option we offer), without delay and no later than fourteen days from the day on which we receive notice of your withdrawal from this contract. We will use the same payment method for this refund that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees in connection with this refund. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever occurs first.
You must return or hand over the goods to us immediately, and in any case no later than fourteen days from the date on which you notify us of your withdrawal from this contract. The deadline is met if you ship the goods before the fourteen-day period expires. You are responsible for the direct costs of returning the goods. You are liable for any loss in value of the goods only if such loss is attributable to handling of the goods that goes beyond what is necessary to assess their condition, characteristics, and functionality.
| Sample Withdrawal Form (If you wish to withdraw from the contract, please fill out this form and return it.)– To Catharina Bond, Hockegasse 46/5, 1180 Vienna, Austria, office@hearts-in-hands.at– I/we (*) hereby withdraw from the contract I/we (*) entered into 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 written notifications)– Date (*) Delete as appropriate. |
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