AGB

General terms and conditions of “Die SCHWEMMholzerin – Kunsthandwerk aus Schwemmholz” for customers

(Stand: 01.09.2022)

Preliminary Note: The items offered are unique pieces that neither conform to standard dimensions nor correspond to a replicable sample. Furthermore, it should be noted that the wood used is subject to natural changes and is processed from its existing natural state, preserving the material's inherent character. Therefore, cracks and surface alterations are intentional and do not constitute a defect. This also applies to changes that may occur in wooden items over time.

§ 1 Definitions

The service provider within the meaning of these General Terms and Conditions is “Die SCHWEMMholzerin – Kunsthandwerk aus Schwemmholz” Mitterfeldstrasse 4/6, A-2483 Weigelsdorf, Austria, hereinafter referred to as “Die SCHWEMMholzerin”.

§ 2 Scope of application

The following terms and conditions apply to all services and handcrafted items from "der SCHWEMMholzerin" in business dealings with customers.

§ 3 Subject matter of the contract

1. The products and content that are offered or sold are produced and provided by me to the best of my knowledge and belief. Items are manufactured upon request. The customer's order constitutes a binding offer.

2. The delivery time for the manufactured goods is approximately 14 days, but this may vary.

3. All products from “der SCHWEMMholzerin” are manufactured in Weigelsdorf.

4. Minor deviations of the goods from the presentation on the website are considered to be in accordance with the contract and not a defect, insofar as these correspond to natural changes and the individual design of the natural product wood.

§ 4 Payment and Invoicing

1. Retail items (not custom-made): Delivery with invoice is usually made within two to three days of receipt of payment into SCHWEMMholzerin's account; payment is due in advance. Payment on account is not offered.

2. For custom-made goods, a delivery time of approximately 14 days is expected, although this may vary. The payment terms remain unchanged.

§ 5 Prices

The prices for each item are listed in its respective description and are binding. Prices for custom-made items are shown in the quotation and are binding. All prices include the currently applicable statutory value-added tax. Packaging and shipping costs are to be borne by the customer and will be invoiced separately.

§ 6 Shipping and Delivery Conditions

1. Delivery is made with an invoice after receipt of payment in advance. Payment on account is not offered.

2. Delivery is made from the company's headquarters in Weigelsdorf to the delivery address specified by the customer. Risk passes to the customer as soon as the goods are handed over to the company or person commissioned with the shipment. This also applies to partial deliveries. SCHWEMMholzerin reserves the right to choose the method of shipment unless a specific shipping method has been agreed upon with the customer in writing beforehand. Delivery dates are always non-binding unless a specific delivery date has been expressly and bindingly guaranteed.

2. Shipping to Switzerland: on request (costs apply!).

§ 7 Cancellation and Withdrawal Provisions

1. To meet the cancellation deadline, it is sufficient to send your cancellation notice within 14 days, stating your reasons, in written form (e.g., letter, email) or by telephone (0043-(0)676 92 92 808).

2. The deadline begins upon receipt of the goods by the recipient = delivery time 14 days - As a freelance artist, works / items are either produced on order - or they are already finished and therefore ready for shipment.

3. Furthermore, I reserve the right to deduct 10% of the goods' value to cover postage, shipping, and handling costs for returned goods. This applies particularly to shipments refused by the customer (e.g., refusal of delivery). The cancellation period is considered met if the cancellation notice or the goods are sent in a timely manner.

The cancellation notice should be sent to:

The Driftwood Woman - Handicrafts made from driftwood

Anna Heinemann

Mitterfeldstrasse 4/6

2483 Weigelsdorf

Austria

atelier@dieschwemmholzerin.at

Consequences of revocation:

In the event of a valid cancellation, both parties must return the received item(s) UNDAMAGED. If you fail to return the received item(s) or return them in a deteriorated condition, the full price plus shipping and return costs will be due. Refunds must be processed within 20 days. This period begins for you when you send your cancellation notice or return the item, and for us when we receive it. End of cancellation policy

§ 8 Warranty for Defects and Liability

1. If the purchased item has a defect attributable to SCHWEMMholzerin, SCHWEMMholzerin is entitled, at its own discretion, to provide a replacement. It is noted that only defects unrelated to the natural characteristics of the wood or to a change in the customer's artistic taste are considered defects. If a replacement is not possible or is refused, the customer is entitled to return the item and receive a full refund of the purchase price. To the extent permitted by law, any further claims by the customer – regardless of their legal basis – are excluded.

2. In the event of a warranty claim, the buyer's rights are initially limited to repair or free replacement upon return of the defective goods. Only if repair or replacement fails is the buyer entitled, at their discretion, to a price reduction or to withdraw from the contract.

3. Warranty claims do not exist if the buyer has made or arranged for modifications or repairs without our prior consent.

4. Warranty claims are only available to the direct buyer and are not transferable.

5. We reserve the right to make commercially acceptable, minor, or technically necessary deviations in size, weight, pattern, color, quality, function, etc., from the specifications. In particular, material and printing colors may differ from the specifications or previously sent samples due to various manufacturing and printing processes. Technical data is based solely on manufacturer specifications. We reserve the right to make design, form, or styling changes during the delivery period that are due to technical improvements or legal requirements.

8. SCHWEMMholzerin is liable for torts only in cases of gross negligence or intent, and even then, not exceeding the value of the goods in connection with the damage. These limitations do not apply to injury to life, body, or health. Otherwise, liability is excluded. In particular, the seller is not liable for delivery delays caused by force majeure or other reasons beyond the seller's control, even in the case of fixed delivery dates. The foregoing provisions also apply to the actions of our agents and subcontractors.

§ 9 Other Terms and Conditions

1. The prices for the respective items are stated in the respective description and are binding.

2. The goods shown in the photos are described by me as accurately as possible, as the color sometimes changes during photography.

3. All displayed items are unique, as they are 100% handmade. Accordingly, they are marked with the company logo.

4. Goods presented as samples will be marked as such.

5. The customer is given the opportunity to have their own wishes fulfilled.

6. Items that appear "as pictured" are unique pieces and are marked as such.

§ 10 Final Provisions

1. These Terms and Conditions are governed by the substantive law of the Republic of Austria, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If the user is a consumer, the user agreement and these Terms and Conditions are governed by the law of the state in which the user has their habitual residence.

2. For disputes arising from or in connection with the purchase or use of the services of "die SCHWEMMholzerin", the parties agree that Baden shall be the place of jurisdiction, provided that the customer is a merchant or has no general place of jurisdiction in Austria.

3. Should one or more provisions of these Terms and Conditions be or become wholly or partially invalid, the validity of the remaining provisions shall not be affected. The parties undertake to agree on a valid provision that comes as close as possible to the intended purpose of the original provision.