GENERAL TERMS AND CONDITIONS (as of January 2023)
1. According to the Consumer Protection Act (KSchG), you can revoke your contractual declaration within 14 days without giving reasons in text form (e.g. letter, email) or - if the item is left to you before the deadline - by returning the item. The deadline for the statutory right of withdrawal begins on the day you (buyer) receive the goods. It is sufficient if you send the declaration of withdrawal or the item within this period. The revocation must be sent to:
Owner: Flora Russmann
4560 Kirchdorf an der Krems
Return shipping costs: You (the buyer) must bear the return shipping costs. In the event of a valid cancellation, the services received by both parties must be returned. If the goods delivered show signs of wear and tear, we reserve the right to demand compensation from you. In the event of a justified withdrawal, we will grant you a refund of the purchase price after receipt of the goods at our address.
You only have to pay compensation for the deterioration of the item and for any use that has been made if the use or deterioration is due to handling of our goods that goes beyond checking the properties and functionality. “Testing the properties and functionality” means testing and trying out the goods, as is possible and usual in a store. Items that can be shipped must be returned at our risk. You have to bear the costs of the return if the goods delivered correspond to those ordered.
We must fulfill our obligations to reimburse payments within 14 days. The period begins for you (buyer) when you send the cancellation declaration or our goods, and for us when we receive it.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired. You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.2. Warranty to consumers: We guarantee that the purchased item is free of defects upon delivery. If a material defect becomes apparent within six months of the goods being handed over, it is presumed that they were already defective when they were handed over, unless this assumption is incompatible with the type of item purchased or the defect. If the material defect only becomes apparent after six months, you (buyer) must prove that the defect was already present when the purchased item was handed over. If the purchased item is defective or damaged when it is handed over, you can choose whether you would like the subsequent performance to be carried out through repair or replacement delivery. We are entitled to refuse the type of subsequent fulfillment chosen if it is only possible with disproportionate costs and the other type of subsequent fulfillment does not cause significant disadvantages for you (buyer). If supplementary performance fails, you can generally choose, at your discretion, to demand a reduction in the purchase price (reduction) or cancellation of the contract (withdrawal) as well as compensation. If there are only minor defects, you do not have the right to withdraw from the contract.
Warranty for entrepreneurs If the purchase is a commercial transaction for seller and buyer, the buyer must immediately inspect the delivered goods for deviations in quality and quantity and notify the seller in writing of any visible defects within a period of one week from receipt of the goods; Otherwise the assertion of warranty claims is excluded. Hidden defects must be reported to the seller in writing within one week of discovery. Deadline is sufficient for the timely dispatch. In this case, the buyer bears the full burden of proof for all claims requirements, in particular for the defect itself, for the time at which the defect was discovered and for the timeliness of the complaint. In the event of defects, the seller will, at his own discretion, provide warranty through repair or replacement delivery. The buyer's claims due to defects expire after two years. If the seller delivers a defect-free purchased item for the purpose of supplementary performance, he can demand that the buyer return the defective purchased item. Damage caused by improper or non-conforming measures taken by the buyer during use does not constitute a claim against the seller.
3. Our general terms and conditions apply to all contracts that customers conclude with us via the online shop www.yonique-shop.com. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.
4. Your order represents an offer to us to conclude a purchase contract. After you have placed your order with us, we will send you an email to the email address you provided, in which we will notify you of receipt of your order confirm with us (order confirmation). This order confirmation does not constitute acceptance of your offer. It is only intended to inform you that we have received your order. A purchase contract is only concluded when we ship the ordered product to you and/or confirm the shipment to you with a second email (shipping confirmation). Regardless of your right of withdrawal, you can cancel your order free of charge at any time before sending the associated shipping confirmation.
5. When ordering via our online shop, the ordering process involves several steps. In the first step you select the goods you want. In a second step, you enter your customer data including billing address and, if necessary, a different delivery address. In the third step you choose the type of payment. In the last step, you have the opportunity to check all the information again (e.g. items ordered, name, address, method of payment) and correct it if necessary before sending your order to us by clicking on 'Complete purchase'.
6. We save the contract text, i.e. your details about the ordering process. However, you can print this out before sending your order to us. We will also send you an order confirmation and an order confirmation with all order details and our general terms and conditions to the email address you provided.
7. All prices are final prices, they already include the statutory VAT. The price does not include delivery and shipping costs. If you make use of a statutory right of withdrawal, you must bear the costs of the return if the goods delivered correspond to those ordered and if the price of the item to be returned does not exceed €89.00 or if the price of the item is higher at the time of revocation you have not yet provided the consideration or a contractually agreed partial payment. In all other cases the return is free of charge for you.
8. Unless otherwise agreed, delivery will be made to the delivery address specified by you (buyer). Unless expressly stated otherwise in the offer, the goods will be dispatched within 2 working days of receipt of payment. Delivery takes place against the stated packaging and shipping costs. All information provided by us regarding the availability, shipping or delivery of a product is only estimated information and approximate guidelines. They do not represent binding or guaranteed shipping or delivery dates, unless this is expressly stated as a binding date in the shipping options for the respective product.
9. Payment can be made either by credit card (Visa, MasterCard), invoice with Klarna, instant transfer, pay immediately with Klarna or via PayPal. We reserve the right to exclude individual payment methods or to provide for a specific payment method.
10. The delivered goods remain our property until all claims have been paid in full.
11. When initiating, concluding, processing and reversing a purchase contract, we collect, store and process data within the framework of the statutory provisions. We assure you that we will not pass on your personal data to third parties unless we are legally obliged to do so or you have given your express prior consent. To the extent that we use third-party services to carry out and process processing processes, the provisions of the Data Protection Act are complied with. The personal data that you provide to us when placing an order or by email (e.g. name, contact details) will only be processed for correspondence with you and only for the purpose for which you provided the data to us. We will only pass on your data to the shipping company responsible for the delivery if this is necessary to deliver the goods. To process payments, we pass on your payment details to the credit institution responsible for the payment. Personal data that has been provided to us via our website will only be stored until the purpose for which it was entrusted to us has been fulfilled. If commercial and tax law retention periods must be observed, the duration of storage of certain data can be up to 10 years. When you visit our online shop, the IP address currently used by your PC, the date and time, the browser type and the operating system of your PC as well as the pages you view are logged. However, it is neither possible nor intended for us to draw conclusions about personal data. If you no longer agree to the storage of your personal data or if it has become incorrect, we will delete, correct or block your data upon appropriate instructions within the framework of the legal provisions. If you wish, you will receive free information about all the personal data that we have stored about you. If you have any questions about the collection, processing or use of your personal data, or for information, correction, blocking or deletion of data, please contact: email@example.com
12. The law of the Republic of Austria applies to all legal transactions or other legal relationships with us. The UN Convention on Contracts for the International Sale of Goods (CISG) and any other intergovernmental agreements, even after their adoption into Austrian law, do not apply.
13. In business transactions with merchants and with legal entities under public law, Salzburg is agreed as the place of jurisdiction for all legal disputes regarding these terms and conditions and individual contracts concluded under them.
14. We are entitled to unilaterally change these General Terms and Conditions - insofar as they have been introduced into the contractual relationship with the customer - to the extent that this is necessary to eliminate any subsequent equivalence problems or to adapt to changed legal or technical framework conditions. We will inform the customer of any adjustments by informing them of the content of the changed regulations. The change will become part of the contract if the customer does not object to its inclusion in the contractual relationship in writing or text form within six weeks of receiving notification of the change.
15. Should individual provisions of the contract, including these regulations, be or become wholly or partially invalid or should the contract contain an unforeseen gap, the effectiveness of the remaining provisions or parts of such provisions remains unaffected. The respective legal regulations take the place of the invalid or missing provisions.