GENERAL TERMS AND CONDITIONS
1. Scope
1.1 These General Terms and Conditions (T&Cs) apply to the sale and delivery of goods by the company “Die Nageltante”, owner Mrs Antonia-Sophie Probst-Doppler, Alzenauerplatz 9/3/2, 2511 Pfaffstätten, Austria, hereinafter referred to as “we”, “us”, or “our company”, which are sold via the online shop.
1.2 By placing an order, the buyer agrees that the current T&Cs are part of the purchase agreement.
1.3 As a basic principle, we only sell to consumers as defined within the terms of the Austrian Consumer Protection Act (Konsumentenschutzgesetz, KSchG). Sales to legal entities require a separate contractual agreement.
1.4 We are entitled to revise or amend these T&Cs at any time. Any purchase agreements entered into with us are governed by the version of the T&Cs that is valid on the day the order is placed. This version will be applied over the entire period of the agreement.
2. Contract formation
2.1 When a customer places an order, this constitutes a binding offer to enter into an agreement with us. Acceptance of our offer to purchase occurs when an order confirmation relating to this offer is transmitted and/or when the item(s) ordered is(are) actually delivered.
2.2 We are entitled to reject any offers to enter into an agreement without providing reasons. No legal entitlement to enter into an agreement arises when submitting an offer.
3. Prices of goods and shipping costs
3.1 The prices quoted for the goods are gross prices in euros. They include all statutory taxes and duties for deliveries within Austria. However, the prices offered do not include any packaging and shipping costs.
3.2 We deliver our goods worldwide.
3.3 Additional customs duties and/or taxes may be incurred when delivering outside Austria. This may include any import or export duties, and excise taxes, which may alter the gross prices offered. The buyer must bear the cost of these customs duties or levies at the rates prescribed by law.
3.4 Binding prices are shown in our online shop after items have been added to the shopping cart. They are also shown when orders are placed.
3.5 The buyer must bear the shipping costs in full. Shipping costs are shown separately next to the prices of the goods when the order is placed.
4. Payment
4.1 The purchase price must be paid upon conclusion of the contract. It is not possible to defer payment to a later date.
4.2 Payments must be made to us/our account, or to the payment service providers named by us (see online shop payment page).
4.3 Goods/product vouchers can only be redeemed during the ordering process (the vouchers must be entered in the correct field). The total price of the goods is then altered accordingly. It is not possible to redeem the vouchers for goods/products in any other way. Vouchers cannot be exchanged for cash.
4.4 Goods are only dispatched after receipt of payment.
5. Warranty
5.1 We will fulfill any statutory warranty claims within the stipulated period. If the goods you receive from us are defective, you can request that the defects are rectified or request an exchange. If we do not satisfy these rights, you can request a price reduction or ask to withdraw from the contract.
5.2 Goods that deviate marginally from the way they are presented on the web page in terms of color and design do not constitute defects.
6. Compensation for damages
6.1 We are liable for damages in accordance with the statutory provisions.
6.2 It is not possible to claim for damages if the goods deviate marginally from the way they are presented on the web page in terms of color and design.
7. Returns and right of withdrawal
7.1 Customers who are defined as consumers within the terms of the Austrian Consumer Protection Act (Konsumentenschutzgesetz, KSchG) can withdraw from the purchase agreement 14 days after taking delivery of the goods without giving any reason. Sending a declaration of withdrawal without giving reasons within this period is sufficient.
7.2 If the consumer decides to withdraw, the full purchase price will be refunded, but only when the goods have been received back from the customer. The goods must be returned and the purchase price refunded within 14 days from when the declaration to withdraw was sent or when the goods were returned. The customer must bear the costs of returning the goods.
7.3 For hygiene reasons, we can only accept returned goods if they are unopened and in their original packaging.
8. Delivery conditions
8.1 We only ever dispatch our goods from our business premises (delivery only). It is not possible to collect the goods in person.
8.2 We reserve the right to select the transport/shipping company.
8.3 We transfer the goods to the transport/shipping company of our choice within five working days after the purchase agreement has been entered into (we accept your offer via an order confirmation).
8.4 We reserve the right to divide the order into part deliveries.
9. Damage in transit
9.1 Please notify us if goods are delivered damaged (damage in transit) or if the goods are lost (lost in transit). We will immediately take up the matter with the delivery company.
10. Other provisions
10.1 If specific contract provisions or T&Cs become invalid, this does not invalidate the contract or the T&Cs in their entirety. All other parts of the contract and the remaining sections of the T&Cs remain unchanged.
10.2 The agreements are entered into exclusively in German. All other forms of correspondence (such as communications relating to complaints and customer service etc.) are also carried out in German.
10.3 The contract is subject to Austrian law, excluding the provisions laid out in the UN Convention on Contracts for the International Sale of Goods.
10.4 In the case of a dispute between the two parties, the place of jurisdiction is governed by statutory provisions that are applicable to consumers.
11. Product appearance
11.1 The product images shown in the online shop are used for illustrative purposes. The designs may therefore vary in color and appearance.
Version issued:
09/2020