TERMS AND CONDITIONS OSCAR&TRUDIELP
(online status Sep. 2015)
These terms and conditions contain the exclusively applicable conditions between you and us, the company Oscar&TrudieLP (Wickenburggasse 4/5, 1080 Vienna, VAT Reg. No. AT69111436), represented by the manager Stefanie Hofbauer, unless modified by written agreement between the parties.
We only conclude contracts with legally competent persons. As far as this requirement does not apply to you, we are entitled to cancel the contract within a reasonable period.
The automatically generated confirmation after receipt of an order is not an acceptance of the offer by Oscar&TrudieLP, but only a confirmation of receipt of the order.
If the ordered goods are not available, or should Oscar&TrudieLP not accept the order for other reasons, we reserve the right not to provide the service.
Acceptance of the offer is made by sending an order confirmation by letter, fax, e-mail or by sending the ordered goods to the address specified by the customer, both within a maximum of 5 working days from receipt of order, valid by the date of the postmark.
The non-acceptance of the offer by Oscar&TrudieLP within 5 working days from receipt of order is considered as a rejection of the order.
The contract language is English.
PRICES AND DELIVERY
Unless the Oscar & Trudie online store states otherwise, all prices are final prices and include Austrian VAT. Optionally, additional delivery and shipping costs are displayed separately in the respective product description.
Delivery dates and deadlines are only binding if confirmed by us in writing. When choosing payment in advance, shipment takes place no sooner than the receipt of payment.
Shipments within Austria – up to 15Kg 5 Euro VAT included.
Shipments to Germany – up to 15KG 10 € VAT included.
The shipping costs are displayed prior to sale completion based on the items’ weight. When calculating costs, please also take the packaging of the goods into account. This part of the transport costs is only partially equivalent to the actual cost.
Pickups are not possible.
The minimum order value is EUR 50,00 (incl. VAT.) except for any type of price campaign or short-term deal.
Shipping in non-EU countries and Switzerland is currently not possible due to customs reasons.
TERMS OF PAYMENT
Should we be charged by your bank fees, we reserve the right to charge these fees. This applies foremost to unauthorized or indebted charge backs.
The Oscar & Trudie online store offers following payment methods:
Prepayment: After having completed your order you will receive an email with your order information. Please transfer the full invoice amount to the following account, stating the order number or invoice and customer numbers. Your order will be dispatched upon receipt. (Depending on the financial institution 2-4 business days, foreign transactions accordingly longer)
SEPA credit transfers:
IBAN: AT56 20111 826 3636 0600
Erste Bank Vienna
Account owner: Oscar & TrudieLP
PayPal: Open a free PayPal account and provide your bank account or credit card number. Your data is safe with PayPal. When paying with PayPal you benefit from PayPal Buyer Protection. We send your ordered goods immediately.
Credit card: We offer payment by credit card and accept MasterCard and VISA.
Directbanking: The fastest way to pay. You can pay without registering using your online banking data (PIN & TAN). Thanks to real-time confirmation of payment, we can dispatch rapidly.
The total amount is due for payment by bank transfer, credit card or debit card at the time the contract is concluded.
Payments you have made are not valid until the date of receipt and exclusively on the above mentioned business account of Oscar & TrudieLP.
In case of default a 10% interest rate will be charged.
You are not entitled to offset or withhold the purchased goods, unless your claim is undisputed or legally established in court.
You are not entitled to assign claims against Oskar & TrudieLP to third parties.
In case of poor payment behavior or open invoices, we reserve the right not to carry out further orders until after payment. For orders that exceed an order value of 350.00 EUR, we also reserve the right to deliver only after prepayment.
The goods will be delivered to the delivery address you provided, unless otherwise agreed. You must ensure the accuracy and up-to-dateness of the delivery address. Should the shipping company be forced to send the goods back to Oscar&TrudieLP because delivery to you was not possible, you will carry the costs of the unsuccessful delivery.
This does not apply if you are not responsible for the circumstances leading to the unsuccessful delivery or if you were temporarily uncapable of accepting the service offered, unless Oscar&TrudieLP or the carrier commissioned by Oscar & TrudieLP had announced the delivery an adequate amount of time in advance.
RETENTION OF TITLE
For contracts with consumers, until full payment of the invoice amount, including shipping costs, the goods remain property of Oscar&TrudieLP.
For contracts with entrepreneurs the goods remain property of Oscar&TrudieLP until all claims from an ongoing business relationship have been settled.
If your payment is more than 14 days in arrears, we reserve the right to cancel the contract and recover the goods. Should you fail to comply with the payment deadline, we reserve the right to assign outstanding receivables to third parties or to take legal action.
If you are act as an entrepreneur, you are entitled to resell goods subject to title retention in the ordinary course of business. You will assign all herefrom resulting claims against third parties in the amount of the respective invoice value (including VAT) in advance to Oscar&TrudieLP. Oscar&TrudieLP accepts this assignment. This assignment shall apply regardless of whether the reserved goods have been resold without or after processing. You remain authorized to recover receivables even after assignment. Oscar&TrudieLP’s legal capacity to collect the claims itself remains unaffected. However, Oscar&TrudieLP will not collect the claims as long as you meet your payment obligations to Oscar&TrudieLP, do not become in default of payment and no application is filed for insolvency proceedings.
Your warranty rights result from the applicable legal provisions.
To clarify, please note that the expiration date is no additional guarantee in any legal sense, but a legal obligation.
Acting as an entrepreneur, you carry the commercial obligation to inspect the goods and to give notice of defects. You, as an entrepreneur, must check received goods immediately for completeness or any deficiencies and must reprimand any found deviations or deficiencies within a period of 7 calendar days in written manner (notice of defects). Hidden defects must be reported immediately after their discovery. Should you, the entrepreneur, refrain from meeting regulated reporting requirements or if the complaint is not made in time, the goods are deemed approved. Warranty claims, damages due to the defect itself and errors are excluded in this case.
For entrepreneurs, the statute of limitations for new goods is one year from passage of risk.
Once supplementary performance is effected in form of a replacement delivery, you are obliged to return the goods to Oscar&TrudieLP at your expense, within 30 days. Returning defective goods must take place in accordance with the legal requirements.
Oscar&TrudieLP is only liable for intent and gross negligence. This also applies to a breach of duty by one of our legal representatives or vicarious agents.
Furthermore, we are liable for the negligent or intentional breach of duties, their fulfillment being essential to the proper execution of the contract and their non-fulfillment being endangering to the purpose of the contract, on which, as a customer, you regularly rely on for compliance. In this case, however, we are only liable for foreseeable, typical damage. We are not liable for negligent breach other than described in this paragraph.
The above mentioned limitations do not apply to critical injury or harm of body or health. Liability under the Product Liability Act remains unaffected.
Given the current state of technology, data communication via the Internet can not be guaranteed error free and / or available at all times. Hence, we are not liable for the continuous and uninterrupted availability of our Oscar & Trudie online shops.
Despite meticulous surveillance, Oscar&TrudieLP takes no liability for the content of external links. The respective operators are solely responsible for the content of linked pages. Furthermore, we take no liability for any error in pricing information.
RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract within fourteen days, without stating any reason. The withdrawal period is fourteen days from the date on which you or a third party representative other than the carrier took possession of the goods.
To exercise your right, you must inform us, Oscar&TrudieLP, Wickenburggasse 4/5, 1080 Vienna, by e-mail: email@example.com, about your decision to withdraw from this contract, by unambiguous statement (eg by postal mail or e-mail).
To meet the withdrawal deadline, sending us a message concerning the right of withdrawal before the withdrawal period ends suffices.
If you withdraw from this contract, we will reimburse all payments we have received from you, including shipping costs (with the exception of any additional costs from any chosen type of delivery other than the cheapest standard offered by us) and repay immediately, latest within fourteen days from receipt of notification of contract cancellation. For this reimbursement, we will use the same method of payment used by yourself in the original transaction, unless we explicitly agreed upon another method; in no case will you be charged any fee for this reimbursement.
We may withhold the reimbursement until we have received the returned goods back, or until you have proven that you have sent back the goods, whichever occurs first.
You must return the goods immediately, in any case no later than fourteen days from the date on which you informed us of the cancellation of contract. The deadline is met if you send off the goods within the period of fourteen days. You bear the direct costs of returning the goods.
You must only pay for a diminished value of the goods, if the value loss is due to unnecessary handling of the goods, not required to ascertain the nature, characteristics and functioning of the goods.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
You have no right to cancel contracts for goods that have been a) produced according to customer specifications or b) clearly tailored to personal needs;
Goods that can spoil quickly or whose expiration date would quickly pass;
Goods that are delivered sealed are not suitable for return due to health or hygienic reasons, if they have been unsealed after delivery;
Goods which have been mixed with other goods after delivery and are inseparable due to their nature;
Outside the statutory right of termination, the exchange of defect-free and, in nature and extent, correctly sent commodity is excluded.
We collect, use and store your personal data (for example, title, name, address, birth date, email address, phone number, bank account information, credit card number) exclusively in accordance with the Austrian Data Protection Act. We focus our data processing on collecting, processing or using only the personal data necessary for the reasonable and economic use of our services.
During every visit to our website, the following data is transferred to our server: This includes the date and time of access, the name of the file, the amount of data retrieved, web browser type and version, the related operating system, referrer URL as well as your IP address. This data is not relateable to a specific person and stored separately from other data. Our online service basically does not require you to disclose your identity.
To evaluate and continuously improve the quality of our website, we create statistical analysis of visits to our pages.
This is partly done by using number graphics installed in the pages of our site. The data thus obtained, however, are strictly anonymous and offer no inferences to the users’ personal data. Your data will in no case be used to create user profiles of any kind. These data are stored at first and then deleted, after a statistical analysis.
Fundamentally, we do not share personal data with third parties. In particular, we do not disclose data to third parties for advertising purposes. We use your inventory data to process the contracts concluded between you and us.
This mainly concerns the logistics, as we use a logistics center, from which the goods are dispatched. All necessary customer data are stored and processed in compliance with the relevant regulations.
You may set up a password-protected account. This way you can log in for your next purchase and do not have to reenter your data. In addition, you are given an overview of your previous orders. All you need to log in is your customer number and password. You can always get information about the data stored about you, call up or withdraw your given consent to the collection and storage of your personal data, or revoke the utilization of your usage data.
A deletion of your personal data is possible any time. Just send us an e-mail to firstname.lastname@example.org
If you do not want us to recognize your computer, you can prevent cookies from being stored on your computer by changing your browser settings. No personal data is stored on your computer.
Persons under the age of 18 should not send any personal data to us, without the consent of their parents or legal guardians. We do not solicit personal information from children and adolescents, do not collect them or pass them on to third parties.
LAW AND JURISDICTION
Only Austrian law applies, excluding the CISG and national and international rules on conflict of law.
If you are a businessman, an entrepreneur, or a legal entity / special asset under public law, the place of jurisdiction is Vienna. However, Oscar&TrudieLP is entitled to bring an action against you, as an entrepreneur, at the court of jurisdiction where your company headquarters are.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter https://ec.europa.eu/consumers/odr findest. Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.