General terms and conditions of “Die SCHWEMMholzerin – handicrafts made from driftwood” for customers
(Stand: 01.09.2022)
Preliminary remarkThe items on offer are unique items that are neither subject to standard dimensions nor do they correspond to a sample to be reproduced. It should also be noted that the wood material used is subject to natural changes and is processed from the natural state found and the natural relationship to the material should be retained. Cracks and surface changes are therefore intentional and do not represent a defect. This also applies to changes that can occur in wooden objects after some time.
§ 1 Definitions
The service provider within the meaning of these General Terms and Conditions is “Die SCHWEMMholzerin – Handicrafts made from Schwemmholz” Mitterfeldstrasse 4/6, A-2483 Weigelsdorf, Austria, hereinafter “Die SCHWEMMholzerin”.
§ 2 Scope
The following conditions apply to all services and handcrafted items from “der SCHWEMMholzerin” in business transactions with customers.
§ 3 Subject of the contract
1. The products and content that are conveyed or sold are manufactured and provided by me to the best of my knowledge and belief. Items are made on request. The customer's order is a binding offer.
2. A delivery time of around 14 days is expected for the manufactured goods, but this may vary.
3. All “der SCHWEMMholzerin” products are manufactured in Weigelsdorf.
4. Minor deviations of the goods compared to the representation on the website are considered to be in accordance with the contract and not as a defect, as long as they correspond to natural changes and the individual design of the natural product wood.
§ 4 Payment and invoicing
1. Sales items (not specially manufactured items): Delivery with an invoice is usually made within two to 3 days of receipt on SCHWEMMholzerin's account; payment is made in advance. Payment by invoice is not offered.
2. For specially manufactured goods, a delivery time of around 14 days is expected, although this may vary. However, the payment terms do not change.
§ 5 Prices
The prices for the respective items are stated in the respective description and are binding. Prices for custom-made products are shown in the offer and are binding. All prices include the currently applicable VAT. Packaging and shipping costs must be borne by the customer and will be invoiced separately.
§ 6 Shipping and delivery conditions
1. Delivery takes place with an invoice after receipt of payment in advance. Payment by invoice is not offered.
2. Delivery takes place from the place of business in Weigelsdorf to the delivery address specified by the customer. The risk is transferred to the customer as soon as the delivery has been handed over to the company or person responsible for shipping. This also applies if partial deliveries are made. SCHWEMMholzerin reserves the right to choose the type of shipping, unless a specific shipping method has been agreed in writing with the customer in advance. Information about a delivery period is always non-binding, unless, in exceptional cases, a specific binding delivery date has been expressly promised.
2. Shipping to Switzerland: on request (costs!).
§ 7 Cancellation and withdrawal provisions
1. To meet the cancellation deadline, it is sufficient to send the cancellation in a timely manner within 14 days WITH a statement of reasons in text form (e.g. letter, email) or by telephone (0043-(0)676 92 92 808).
2. The period begins when the goods are received by the recipient = delivery time 14 days - As a freelance artist, works/items are either made to order - or they are already finished and therefore ready for shipping.
3. I also reserve the right to deduct 10% of the value of the goods for the postage, shipping and handling costs incurred for goods returned to me. This particularly applies to shipments that have not been accepted by the customer (acceptance refused, etc.). Compliance with the cancellation deadline is the timely dispatch of the cancellation or the item.
The revocation must be sent to:
The SCHWEMMholzerin - handicrafts made from driftwood
Anna Heinemann
Mitterfeldstrasse 4/6
2483 Weigelsdorf
Austria
atelier@dieschwemmholzerin.at
Consequences of revocation:
In the event of an effective cancellation, the items received by both parties must be returned UNDAMAGED. In the event that you do not return the item(s) you received or only return them in a deteriorated condition, the full price shipping and return costs will be due. Obligations to refund payments must be fulfilled within 20 days. The period begins for you when you send your cancellation declaration or the item, and for us when we receive it. End of revocation
§ 8 Warranty for Defects and Liability
1. If there is a defect in the purchased item for which the SCHWEMMholzer is responsible, the SCHWEMMholzer is initially entitled, at her own discretion, to make a replacement delivery. It should be noted that a defect is only considered a defect if it has nothing to do with the natural nature of the wood or a changed artistic taste of the customer. In the event that a replacement delivery is not possible or is rejected, the customer is entitled to return the item to be returned for a refund of the purchase price paid. To the extent permitted by law, further claims by the customer - regardless of the legal reasons - are excluded.
2. In the event of a warranty, the buyer's rights are initially limited to repairs or free replacement delivery against return of the disputed delivery. Only if the repair or replacement delivery fails, the buyer is entitled to choose whether to reduce the price or withdraw from the contract.
3. Warranty claims do not exist if the buyer has made or initiated changes or claims for repairs without our prior consent.
4. Warranty claims are only available to the direct purchaser and cannot be assigned.
5. We reserve the right to make customary, minor or technically-related deviations in size, weight, pattern, color, texture, function, etc. compared to templates. In particular, material and printing colors may differ from the specifications or from previously sent samples due to the different manufacturing and printing processes. Technical information is based exclusively on manufacturer information. We reserve the right to make changes to the construction, shape or design due to improvements in technology or legal requirements during the delivery period.
8. The SCHWEMMholzerin is only liable in tort in cases of gross negligence or intent, but not beyond the respective value of the goods in connection with the damage. These restrictions do not apply in the event of injury to life, body or health. Moreover, liability is excluded. In particular, the seller's liability for delays in delivery due to force majeure or other reasons beyond the seller's control is excluded, even for fixed dates. The above provisions also apply to the actions of our vicarious agents and vicarious agents.
§ 9 Other General Terms and Conditions
1. The prices for the respective items are stated in the respective description and are binding.
2. The goods shown in photos are described by me as accurately as possible, as the color sometimes changes when taking photos.
3. All items on display are unique as they are 100% handmade. Accordingly, they are provided with the company logo and marked as such.
4. Goods that are presented as samples will be marked as such.
5. The customer has the opportunity to make their own wishes come true.
6. Items that appear "as pictured" are unique items and will be marked as such.
§ 10 Final provisions
1. These General Terms and Conditions are subject to the substantive law of the Republic of Austria, excluding the UN Convention on Contracts for the International Sale of Goods. If the user is a consumer, the user contract and general terms and conditions are subject to the law of the country in which he or she has his or her habitual residence.
2. For disputes arising from or in connection with the purchase or use of the services of "die SCHWEMMholzerin", the parties agree on Baden as the place of jurisdiction, provided that the customer is a merchant or does not have a general place of jurisdiction in Austria.
3. Should one or more provisions of these General Terms and Conditions be or become wholly or partially ineffective, this will not affect the effectiveness of the remaining provisions. The parties undertake to agree on an effective provision that corresponds to the purpose of the regulation in the next coming provision.