GTC

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 quoted in the Hearts in Hands online store are in euros and include statutory VAT. The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. By clicking on the“Send order” button, you place a binding order for the goods contained in the shopping cart. Confirmation of receipt of the order follows immediately after the order has been sent. We can accept your order by sending an order confirmation by e-mail or by delivering the goods within five days. In particular, Hearts in Hands reserves the right not to accept the offer if an item is not available, if you have not paid invoices due to previous deliveries without authorization, if your credit card check is not completed successfully or if there are other justified doubts about your creditworthiness. If Hearts in Hands is unable to fulfill an order, Hearts in Hands will inform you as soon as possible. Orders are only accepted for normal household quantities.

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.

7. 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 Austria: € 5

Shipping costs Germany: € 11

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.

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.

9. choice of law

This contract shall be governed by Austrian substantive law.

10 Jurisdiction agreement

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.

8.3) You may access and use the Website for your personal, non-commercial use. Provided 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).

8.4) You may not use this website or its contents:

• 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.

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