General Terms And Conditions

OLIVER SVEN SIMON natureart

 

Date: 08/31/2020

1. GENERAL
1.1 The following general terms and conditions (hereinafter GTC) apply to all orders and / or the conclusion of contracts for goods from the product range offered in the online shop Oliver Sven Simon nature art at www.oliver-sven-simon.at .
1.2 Regulations or conditions deviating from the following terms and conditions do not apply. Oliver Sven Simon nature art therefore expressly contradicts such provisions or conditions that deviate from its terms and conditions.
1.3 All side agreements require the express written confirmation of Oliver Sven Simon nature art to accept these side agreements.

2. ORDER / CONCLUSION OF CONTRACT
2.1 The product range offered in the online shop of Oliver Sven Simon nature art ( www.oliver-sven-simon.at ) is only an invitation or request to the customer, while Oliver Sven Simon nature art is an offer to purchase in the online shop to sell the goods offered under the conditions specified in the online shop and on the basis of our terms and conditions.
2.2 All prices quoted are in euros and include the statutory sales tax, but not shipping costs for goods worth less than € 50 within the EU or for shipments outside the EU. (see point 3).
2.3 The presentation of the products in the online shop does not represent a legally binding offer from Oliver Sven Simon nature art, but only a non-binding catalog of the range of goods presented in the online shop.
2.4 By clicking the "ORDER WITH PAYMENT" button, the customer submits a binding offer to purchase the goods in the shopping cart and thereby accepts the general terms and conditions of Oliver Sven Simon natura art without any restriction or modification.
2.5 After completing the order process, the customer receives a confirmation of receipt of his order. This confirmation of the order is usually sent by email immediately after the order process. This order confirmation only represents the documentation of the order process and therefore does not yet mean acceptance of a binding offer from the customer by Oliver Sven Simon nature art.
2.6 A contract is only concluded with our express declaration of acceptance, which is sent in a separate e-mail, or directly by sending the goods within the specified days (date of dispatch of the goods to the shipping company) to the delivery address you provided.
2.7 If at the time of your binding order the goods you have ordered are not available at short notice, we will inform you of this by email. If the goods are permanently unavailable, no contract will be concluded for the goods ordered, which we will also inform you of by email.
2.8 Oliver Sven Simon nature art in particular reserves the right not to accept the offer if an item is not available, if you have not paid bills without authorization due to previous deliveries, if your credit card check is not successfully completed or if there are other legitimate doubts about your creditworthiness .
2.9 If Oliver Sven Simon nature art cannot fulfill an order, you will be informed of this as soon as possible.
2.10 Orders are only accepted in quantities that are customary in households.
2.11 The goods presented on the website www.oliver-sven-simon.at were digitally photographed. There may be slight deviations between the representation of the goods in the online catalog and in reality; such deviations do not constitute a defect in the goods ordered and therefore do not entitle the holder to assert warranty claims.
2.12 At this point, we would like to point out that we save your order data (see also point 8. Data protection).
2.13 You are obliged to enter the data you provide during the ordering process completely and truthfully.

3. DELIVERY / SHIPPING / RISK
3.1 Oliver Sven Simon nature art ships free of charge within the EU from a goods value of € 50.
3.2 For orders outside the EU, shipping will be charged individually to the customer based on the destination address, weight and sum insured. Such individual orders cannot be processed via the online shop, so we ask you to send us an email or to contact us using the inquiry form.
3.3 Shipping is carried out with the fastest, safest and cheapest provider at the time of the order.
3.4 For information purposes only, we would like to point out that the delivery time within Austria and Germany is usually 2 to 5 working days after we have accepted your order.
3.5 The place of performance for Oliver Sven Simon is nature art.
3.6 With regard to the transfer of risk, § 7b KschG applies to consumers:
3.7 (7.1) If Oliver Sven Simon nature art sends the goods, the risk of loss or damage to the goods is only transferred to the customer (consumer) as soon as the goods are sent to the customer (consumer) or to someone appointed by him. is delivered by the carrier to various third parties. However, if the customer (consumer) himself has concluded the transport contract without using one of the options suggested by Oliver Sven Simon nature art, the risk is transferred to the carrier as soon as the goods are handed over. In the absence of any other agreement, the customer (consumer) acquires ownership of the goods at the same time as the transfer of risk. (7.2) For entrepreneurs as customers, the delivery of the goods ordered takes place at the risk of the ordering company and thus the risk of loss or damage the goods are transferred to the shipping company when they are handed over.
3.8 If the pieces of jewelry and watches are not returned in an unworn and perfect condition, we can demand compensation for their value. For this reason, we ask you not to remove the original packaging from returns!

4. PAYMENT
4.1 You can only pay for the goods by credit card (Visa, MasterCard), PayPal and instant transfer.

5. RESERVATION OF TITLE
5.1 The goods remain the property of Oliver Sven Simon nature art until they have been paid for in full.

6. LIABILITY / NOTICE OF DEFECTS
6.1 Oliver Sven Simon nature art only accepts liability for willful intent and gross negligence, with the exception of injury to life, limb or health of a person. A liability of Oliver Sven Simon nature art for financial losses in case of slight negligence is excluded.
6.2 If the purchase is also a company-related transaction on the part of the customer within the meaning of Section 343 (2) of the Commercial Code (UGB), defects must be reported within 10 days of delivery of the goods to the customer at the latest in accordance with Section 377 of the UGB, otherwise claims for warranty (Sections) 922 ff. ABGB), claims for damages due to the defect itself (§ 933a Para. 2 ABGB) as well as from an error regarding the absence of defects (§§ 871 f ABGB) can no longer be asserted.

7. RIGHT OF WITHDRAWAL (RIGHT OF WITHDRAWAL) OF CONSUMER ISD KSCHG
7.1 For customers who are consumers, the special provisions of the Distance Selling and Foreign Business Act as amended (hereinafter FAGG) apply.
7.2 The consumer can withdraw from the contract concluded with Oliver Sven Simon nature art within 14 days without giving reasons. The right of withdrawal does not apply to pieces of jewelry that are individually engraved or otherwise adapted.
7.3 The withdrawal period begins on the day on which the consumer or a third party named by the consumer who is not a carrier takes possession of the goods, or if the consumer has ordered several goods as part of a single order that are delivered separately , on the day on which the consumer or a third party named by the consumer who is not acting as a carrier takes possession of the goods delivered last, or in the case of delivery of goods in several partial shipments, on the day on which the consumer or a third party named by the consumer , third party not acting as a carrier acquires possession of the last partial shipment.
7.4 In order to exercise your right of withdrawal, you must inform us (Oliver Sven Simon nature art, Ruckerlberggasse 20d, 8010 Graz, T +43 676 6017334, E office@oliver-sven-simon.at ) by means of a clear declaration ( e.g. a letter sent by post Letter or email) of your decision to withdraw from this contract. You can either use the sample cancellation form attached to the e-mail with the declaration of acceptance or the following with the direct dispatch of the goods, the use of which is not mandatory.
7.5 To meet the cancellation deadline, it is sufficient for you to send the notification that you are exercising your right of cancellation before the cancellation period has expired. The declaration of revocation is to be sent to the following address / email address

 

Oliver Sven Simon nature art

Ruckerlberggasse 20d
8010 Graz
Austria
office@oliver-sven-simon.at

7.6 If you withdraw from this contract, we will send you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you choose a different type of delivery than the cheapest standard delivery offered by us have chosen), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. However, we can refuse repayment until we have received the goods back in an undamaged condition. For this repayment we use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
7.7 You have to send the goods immediately and in any case no later than fourteen days from the day on which you informed us of the cancellation of this contract to the address given for sending the cancellation

Oliver Sven Simon nature art

Ruckerlberggasse 20d,
8010 Graz
Austria

to be returned or handed over. The deadline is met if you send the goods before the period of fourteen days has expired.
7.8 You bear the direct costs of returning the goods. The risk of loss and damage to the goods is only transferred to the goods upon receipt of the goods by Oliver Sven Simon nature art, Ruckerlberggasse 20d, 8010 Graz, Austria.
7.9. You must pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods. If the goods are not returned to us in an unused and resalable condition and in their original packaging, compensation for their value can therefore be demanded. If you are unable or partially unable to return the service received, or if you can only return it in a deteriorated condition, we are therefore entitled to compensation from you. In addition, you can avoid a possible obligation to pay compensation for a deterioration caused by the intended use of the item by not using the goods as if you were your own property and by avoiding anything that could impair their value.
7.10. The customer has no right of withdrawal for goods whose price depends on fluctuations in the financial market, over which Oliver Sven Simon nature art has no influence and which can occur within the withdrawal period, as well as for goods that are manufactured according to customer specifications or clearly tailored to personal needs are tailored. Therefore, if a piece of jewelery has been changed or made for you, you as a consumer have no right of withdrawal within the meaning of the FAGG.
7.11 Contract, order and business language is German or English.

8. PRIVACY POLICY
Please read our privacy policy .

9. EXCLUSION OF LIABILITY FOR THIRD PARTY LINKS
9.1 Insofar as links to other pages on the Internet are included on the pages of Oliver Sven Simon nature art, Oliver Sven Simon nature art expressly declares that he has no influence on the design and content of the linked pages. Therefore, Oliver Sven Simon nature art hereby expressly distances himself from all content of all linked third-party sites and does not adopt this content as his own. This declaration applies to all links shown and to all contents of the pages to which links lead.

10. APPLICABLE LAW / PLACE OF JURISDICTION / SEVERABILITY CLAUSE
10.1 All legal relationships between Oliver Sven Simon nature art and its customers are subject to Austrian substantive law with the express exclusion of the rules of international private law and the UN sales law.
10.2 For all disputes arising from the contractual relationship or disputes in connection therewith, the exclusively competent court in Graz is agreed as the place of jurisdiction. However, if a customer, who is a consumer within the meaning of the Consumer Protection Act, has his domicile or habitual residence in Germany or is employed in Germany, only the jurisdiction of the court can be established for a lawsuit against him in accordance with Section 14 of the Consumer Protection Act, in its district his place of residence, habitual residence or place of employment is located; this does not apply to legal disputes that have already arisen.
10.3 Should individual provisions of the General Terms and Conditions be ineffective or unenforceable or become ineffective or unenforceable after the conclusion of the contract, the validity and binding nature of the remaining provisions of the General Terms and Conditions and the contract concluded with the customer on the basis thereof shall remain unaffected. The ineffective or unenforceable provision is replaced by that effective and enforceable provision which comes closest to the legal and economic objectives of the general terms and conditions or the contract concluded with the customer on the basis of these and which the contracting parties have pursued with the ineffective or unenforceable provision . This also applies accordingly in the event that the terms and conditions or the contract should prove to be incomplete.