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General Terms and Conditions

1. Validity


1.1 These General Terms and Conditions of

 

Jennifer Blaschek
Wienerstrasse 90a
2640 Gloggnitz
Austria
Telephone: 00436604055100
Email: j.blaschek@blaschek.at

apply to all contracts for the delivery of goods that a consumer or entrepreneur concludes with the seller with regard to his goods and services. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.

A consumer is any natural person who engages in a transaction that is not part of the operation of their business. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. Stock corporations, limited liability companies, commercial and economic cooperatives, mutual insurance associations, savings banks, European economic interest groups (EEIG), European companies (SE) and European cooperatives (SCE) are entrepreneurs by virtue of their legal form.

2. Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.

2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After configuring the selected goods or services and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods or services contained in the shopping cart by clicking the button that concludes the ordering process. After receipt of his order, the customer receives a separate, automated confirmation of receipt of his order(s). Such a confirmation does not constitute acceptance of the offer. 

2.3 The seller can accept the customer's offer within three working days,

  • by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the customer is decisive, or

  • by asking the customer to pay after placing his order.

If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the third working day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.

If the customer selects a payment method as part of the online ordering process by clicking the button that completes the ordering process and at the same time issuing a payment order to his payment service provider to transfer the money directly to the seller's account, the seller already declares this in deviation from Section 2.3 now the acceptance of the customer's offer at the moment when the money arrives in the seller's account. 

2.4 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. email) after the order has been sent.

When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the conclusion of the contract and sent to the customer in text form (e-mail) after the order has been sent. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be called up free of charge by the customer via his password-protected user account by providing the corresponding login.

2.5 The German language is available for the conclusion of the contract. 

2.6 Order processing and contact are usually made via email and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.

2.7 If pickup has been agreed, the seller will inform the customer that the goods he has ordered are ready for pickup. After receiving this e-mail, the customer can collect the goods at the seller's registered office or at an agreed place after consultation with the seller. In this case there are no shipping costs.

3. Prices and terms of payment

3.1 Unless otherwise stated in the seller's product and service description, the prices quoted are total prices that include statutory sales tax but not shipping costs. By entering the recipien's address in the ordering process, the shipping costs incurred will be calculated. The purchase price and shipping costs are due immediately upon conclusion of the contract without deduction.

3.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfers by banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

3.3 The seller offers PayPal, Visa, Mastercard, Maestro, Klarna Sofort, Apple Pay and Shop Pay as payment methods. If you select a payment method offered via the "Stripe" payment service, the payment will be processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe are communicated to the customer in the seller's online shop. To process payments, Stripe can use other payment services for which special payment conditions may apply, to which the customer may be informed separately. More information about Stripe is available online at  https://stripe.com/de  available.


4. Delivery

4.1 Our offers are open to all customers worldwide.

4.2 Goods are delivered to the delivery address specified by the customer. The goods are usually dispatched within a few days. Delivery dates and delivery periods are only binding if they have been expressly confirmed as such in writing by Jennifer Blaschek.

Deliveries are made by a shipping service provider to be chosen by Jennifer Blaschek. The customer has to pay a postage fee, which may depend on the order value and the location to which delivery is to be made. 

4.3  If the customer acts as an entrepreneur, the risk of loss of or damage to the goods sold passes to the customer as soon as the seller hands over the goods to the freight forwarder, carrier or other person to carry out the sent to a specific person or company. If the customer acts as a consumer, the risk only passes to the consumer as soon as the goods are delivered to the consumer or to a third party designated by the consumer who is different from the carrier. However, if the consumer himself has concluded the contract of carriage without making use of one of the options suggested by the entrepreneur, the risk passes to the carrier as soon as the goods are handed over.

 4.4 If the seller incurs additional costs due to the specification of an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these are to be reimbursed by the customer, unless he has provided the incorrect information or impossibility not to be held responsible for. The same applies in the event that the customer was temporarily prevented from accepting the service, provided that the seller had given him adequate notice of the service in advance, unless the customer, as a consumer, declared his withdrawal justified.

4.5 If there is a delay in delivery due to force majeure (e.g. pandemic, strike, storm, catastrophe, war, etc.), the delivery period is extended by the duration of the resulting delay. Any resulting claims for damages are excluded. This also applies to customers who are entrepreneurs if the delay in delivery occurs for other reasons attributable to the suppliers. The statutory right of the customer to withdraw after setting a reasonable period of grace remains unaffected.

5. Cancellation policy & Cancellation form

 

Consumers residing in the EU have a right of withdrawal in distance selling according to the following stipulations, whereby a consumer is any natural person who conducts a transaction that is not part of the operation of their company.

A. Cancellation Policy
right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving a reason.
The withdrawal period is fourteen days and begins on the day on which you or a third party named by you who is not the carrier took possession of the goods, or the last goods in the case of partial deliveries.
To exercise your right of withdrawal, you must inform

Jennifer Blaschek
Wienerstrasse 90a
2640 Gloggnitz
Austria

Telephone: 00436604055100
Email: j.blaschek@blaschek.at

by means of a clear statement (e.g. by e-mail) of your decision to withdraw from this contract. You can use the sample cancellation form attached, but this is not mandatory. In order to meet the cancellation deadline, it is sufficient for you to send the communication regarding the exercise of your right of cancellation before the cancellation period has expired.

consequences of resignation
If you withdraw from this contract, we will owe you all payments we have received from you, including delivery costs (except for the additional costs resulting from you choosing a different type of delivery than the cheapest standard delivery offered by us have chosen) to be repaid immediately and at the latest within fourteen days from the day on which the notification of your cancellation of this contract has been received by us. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; Under no circumstances will you be charged any fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send off the goods before the period of fourteen days has expired.

You bear the direct costs of returning the goods.
If possible, the goods should be sent back in the original packaging, as this enables damage-free shipping and the goods can arrive safely at Jennifer Blaschek.
In order to avoid the package getting lost, we expressly ask you to send the package insured and including a tracking number.
If the goods are returned freight collect, Jennifer Blaschek will not accept them without exception, since the post office charges disproportionately high shipping costs.
You only have to pay for any loss in value of the goods if this loss of value is due to the handling other than what is necessary to establish the nature, properties and functionality of the goods.

Each individual product is subjected to careful quality control during packaging, so that damage, soiling or the like on our part can be ruled out. Accordingly, careful and proper handling of the goods on your part is a basic requirement for taking them back.

Reduced goods, both sale goods and goods that have been ordered with a discount code, are excluded from the right of withdrawal and a return.

All original works are non-returnable.


Exclusion or premature expiry of the right of withdrawal.
The right of withdrawal does not apply to consumers who are not resident in the EU. Furthermore, the right of withdrawal does not apply to contracts for the delivery of goods,
- which are made to customer specifications or are unique tailored to personal needs.

B. Withdrawal Form
If you want to withdraw from this contract, please fill out this form and send it back.
 

Jennifer Blaschek
Wienerstrasse 90a
2640 Gloggnitz
Austria
Telephone: 00436604055100
Email: j.blaschek@blaschek.at


I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

_______________________________________________________

_______________________________________________________

Ordered on (*) ____________ / received on (*) __________________

__________________________________________________________
Name of consumer(s)

__________________________________________________________
Address of consumer(s)

__________________________________________________________
Signature of consumer(s) (only if notification is on paper)

__________________________
date


(*) Delete where not applicable

The purchase of the goods is not complete until they have been seen and accepted by the customer.
You can withdraw from the contract in text form (e.g. letter, e-mail) within 14 days - from receipt of the ordered goods - without giving reasons. You will then get your money back within 30 days.

6. Colors

Color deviations between the colors shown on the website and the actual colors of the images may occur depending on the color reproduction of your computer. Jennifer Blaschek therefore does not guarantee that the colors displayed on the website correspond to the actual colors of the images.

7. Retention of Title

7.1 In relation to its customers, regardless of whether they are consumers or entrepreneurs, the seller reserves title to the goods provided until the purchase price owed has been paid in full. 

7.2 All rights, such as copyright and ancillary copyrights to the goods are not transferred to the customer with the sale.

8. Warranty/Liability

8.1 The provisions of the statutory warranty apply. 

The seller is responsible for ensuring that the goods have the objectively required properties in addition to the contractually agreed properties. This does not apply if the consumer expressly and separately agrees to the deviation of a certain feature from the objectively required properties when concluding the contract, which he does by placing his order after he has been specifically informed of this deviation in the product description.

If the customer acts as an entrepreneur, the following also applies:

  • In principle, an insignificant defect does not justify any warranty claims, 

  • The seller has the choice of how to remedy the defect

  • The statute of limitations does not begin again if a replacement delivery is made as part of the liability for defects.

  • If the customer acts as an entrepreneur within the meaning of UGB, he is subject to the commercial obligation to examine and give notice of defects in accordance with § 377 UGB. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved. 

The seller is not liable for slight negligence, unless personal injury is involved. These liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.

9. Jurisdiction/Applicable Law

9.1.          For all privity of contract the law of the Republic of Austria to the exclusion of UN sales law is valid. For consumers with domicile or habitual residence in the EU, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn. For consumers with domicile or habitual abode outside the EU, this choice of law applies only insofar as this choice of law does not contradict mandatory law.

9.2.         Within relationships with companies and consumers with domicile or habitual abode outside the EU, the materially competent court at the seller's registered office is agreed as the exclusive competent court. For consumers with domicile or habitual residence outside the EU, this only applies to the extent that it does not contradict mandatory law.

10. Alternative Dispute Resolution

10.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

11. Language

The contract language is German.

12. Severability Clause

If one or more provisions of these General Terms and Conditions are or become invalid, this does not affect the validity of the rest of the General Terms and Conditions.

If you have any questions about our general terms and conditions, please contact: j.blaschek@blaschek.at

13. Copyright

Refers to any website design, text, graphics, selection or layout thereof. All rights reserved. Copying or reproduction of all or part of this site is permitted solely for the purpose of placing an order with Jennifer Blaschek or for the purpose of using this site as a shopping resource.
Any other use of the materials or information available on this website - including reproduction, redistribution, modification and publication for a purpose other than that mentioned above - is prohibited unless Jennifer Blaschek has given her prior written consent.

14. Disclaimer

Liability for content:
The contents of our pages were created with great care. However, we cannot assume any liability for the correctness, completeness, topicality and quality of the content.
Liability claims against Jennifer Blaschek relating to material or immaterial damage caused by the use or non-use of the information provided or by the use of incorrect or incomplete information are excluded in principle, unless Jennifer Blaschek can be shown to have acted with intent or gross negligence fault exists.
All offers are non-binding. Jennifer Blaschek expressly reserves the right to change, supplement or delete parts of the pages or the entire offer or to temporarily or permanently cease publication without prior notice.

15. Liability for links:

Our offer contains links to external third-party websites, the content of which we have no influence on. Therefore we cannot assume any liability for this external content. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time of linking.
Illegal content was not recognizable at the time of linking. However, a permanent control of the content of the linked pages is not reasonable without concrete evidence of an infringement. As soon as we become aware of legal violations, we will remove such links immediately.

If you have any questions about our general terms and conditions, please contact: j.blaschek@blaschek.at

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