Terms of use Austria
Terms customer information
(The following terms also include information about your legal rights under the provisions on distance contracts and e-commerce.)
1. Scope
2. Offers and specifications
3. Order process and contract
4. Prices and shipping costs
5. Delivery, product availability
6. Terms of payment
7. Retention of title
8. Warranty for defects and warranty
9. Liability
10. Right of withdrawal
11. Exclusion of the right of withdrawal
12. Returns
13. Storage of contract
14. Data Protection
15. Jurisdiction , Applicable Law, Contract Language
1. Scope
1.1. The business relationship between Pia Mia e.U Schönbrunnerstraße 65 , 1050 Vienna (hereinafter “Seller”) and the customer (hereinafter “Customer”) subject to the following terms and conditions valid at the time of the order.
1.2. You can contact our customer service for questions and complaints on Tues – Fri [ 11:00 clock ] to [ 19:00 clock ] and Saturdays from [ 11:00 clock ] to [ 17:00 clock ] on the phone number [ 43 + 1 890 44 72 ] or by e -mail at [ post@piamia.at ] .
1.3. Within these terms is any natural person who enters into a transaction for a purpose that can not be attributed to their commercial or independent professional activity (§ 13 BGB).
1.4. Different conditions of the customer are not recognized , unless the seller agrees to them in writing.
2. Offers and specifications
2.1. The presentation of products in our online shop is not a legally binding offer, but an invitation to submit an orde. Service descriptions in catalogs and on the websites of the Seller not constitute a representation or warranty.
2.2 . All offers are valid ” while stocks last”, if not stated otherwise in the products . In addition, errors excepted .
3. Order process and contract
3.1. The customer can choose from the range of vendor products and suggested they collect on the [add to cart] in a so-called shopping cart.
3.2 Subsequently, the customer [Proceed to Checkout] below within the shopping cart by clicking the button at the end of the ordering process.
3.3. Click the [Buy] the customer makes a binding offer to purchase the goods in your cart. Before submitting the order, the customer can change the data at any time and see. Required fields are marked with an asterisk (*).
3.4. The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and the customer can print using the “print” function (order confirmation). The automated confirmation of receipt only documents that the customer’s order is received by the Seller and does not constitute acceptance of the application. The purchase agreement is concluded only if the seller the ordered product will ship in 2 days to the customer, transferred, or shipping to has the customer confirmed within 2 days with a second e-mail explicit confirmation of order or receipt of the invoice.
3.5. If the seller provide advance payment, the contract is the provision of banking information and payment. If payment is not received when due, even after a second notice until a date 10 calendar days after sending the order confirmation from the seller, the seller cancels the contract back with the result that the order is void and the seller no obligation to deliver true. The order is then done for the buyer and seller without further consequences. Therefore a reservation to Article payment in advance payments are for a maximum of 10 calendar days.
4. Prices and shipping costs
4.1. All prices indicated on the merchant’s website are inclusive of applicable taxes .
4.2 . In addition to the prices charged to the seller for delivery shipping. The shipping costs will be communicated to the buyer clearly on the shipping page and during the ordering process.
5. Delivery, product availability
5.1. At the time of the customer’s order no copies of the selected product available to him , the Seller shall notify the Customer of this in the order confirmation. If the product is permanently out of stock, the seller finds himself on a declaration of acceptance . A contract will be concluded in this case.
5.2 . Is not available as designated by the customer in the order product , only temporarily , the seller shall inform the customer, this also immediately in the order confirmation . For a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. Moreover, it is entitled to withdraw from the contract in this case the seller. In this case, the seller may payments already made by the customer will refund immediately. As far as payment is agreed, delivery is made after receipt of the invoice .
6. Terms of payment
6.1. The customer is eligible and before the end of the ordering process choose from the available payment methods.
6.2. When transfers, payment in advance shall be made without deduction.
6.3. Become third party responsible for payment processing, including Paypal. subject to their terms and conditions.
6.4. If the due date of payment determined by the calendar, then the customer is already in default by failure to observe the event. In this case, the customer has to pay interest at the rate of 3 percentage points above the base rate.
6.5. The customer’s obligation to pay default interest includes the assertion Another delay damages by the seller is not enough.
6.6. A right to offset the customer only if his claims are legally established or recognized by the seller. The Customer may only exercise if the claims from the same contractual relationship.
7. Retention of title
Until full payment of the delivered goods remain the property of the seller.
8. Warranty for defects and warranty
8.1. The guarantee shall be determined by law.
8.2. No guarantee is made for the goods supplied by the Seller only if it has been expressly stated.
9. Liability
9.1. For a liability of the seller for damages without prejudice to other statutory eligibility requirements are as follows exclusions or limitations.
9.2. The seller assumes full responsibility, if the damage is caused by intent or gross negligence.
9.3. Furthermore, the seller is liable for the negligent breach of obligations, which endangers the purpose of the contract, or violation of duties the fulfillment of which makes the proper execution of the contract and on which the customer regularly trusts. In this case, however, the seller is liable only for the foreseeable, typical damage. The seller is not liable for the negligent breach other than those mentioned in the preceding sentences obligations.
9.4. The above limitations shall not apply to injury of life, body or health, for a defect after a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the product liability law remains unaffected.
9.5. As far as the Seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and agents.
10. Right of withdrawal
- Start of the right to rescind for consumers -
Withdrawal by written explanation
Each customer may cancel within 14 days of receipt of the goods by sending a written notice of withdrawal without explanation from the concluded contract. There is sufficient if the cancellation is sent within this period (it decides the date of the posting form). The customer is obliged proven in this case for the immediate return of the goods. The return shipping costs (postage) will be borne by the customer. If the goods are used and / or damaged, the customer has a reasonable fee for the use including adequate compensation for the damage caused – the maximum amount of product value – to be paid to the seller. The cancellation must be sent to the following address:
Pia Mia
Schœnbrunnerstraße 65
1050 Wien
Austria
T & F +43 1 890 44 72
post@piamia.at
Withdrawal by simple return of the product
The customer can also be right to withdraw, thus putting that he only proven returns the goods within 14 days of receipt without written resignation to the seller. For keeping the deadline in this case, the proven timely dispatch of the goods. The prerequisite for this form of exercise of the right of withdrawal by simple return of the goods that the goods are not damaged or is used as well as the return is sufficient postage. Exclusively at a wrong or defective delivery, the seller bears the return shipping costs (postage).
The risk of return and its proof is in each case the customer. In the event of cancellation by the customer (by express declaration or simple return of the goods), the seller pays immediately the purchase price already paid back – Shipping charges are not refundable. In order to open account credit will be made on the account.
- End of the cancellation policy for consumers -
11. Notes to the exclusion of the right of withdrawal
The right of rescission does not apply to the supply of goods made to the consumer’s specifications or clearly tailored to personal needs.
12. Returns
12.1. Customers are requested prior to returning the return to report the seller
Pia Mia
Schœnbrunnerstraße 65
1050 Wien
Austria
T & F +43 1 890 44 72
post@piamia.at
to announce the return. In this way, they enable the seller the fastest possible assignment of the products.
12.2. Customers are requested to send the goods as post paid back to the seller and keep the mailing receipt. The seller will refund the customer to request in advance the cost of postage, unless they are to be borne by the buyer.
12.3. Clients are advised to avoid damage or contamination of the product. Goods should be sent with all accessories back to the seller if possible in their original packaging. If the original packaging is not owned by the seller, any other suitable packaging should be used to provide reasonable protection against shipping damage and to avoid any claims for damages because of damage due to faulty packaging.
12.4. In this section (no. 12) of the Conditions of modalities mentioned are not in accordance prerequisite for the effective exercise of withdrawal. No. 10 of these Terms and Conditions.
13. Storage of contract
13.1. The seller stores the contract text of the order. The terms and conditions are available online. The customer can print the agreement text before submitting the order to the seller, by exploiting the print function of their browser in the last step of the order.
13.2. The seller also sends the customer an order confirmation with all order data to the e-mail address provided by Him. Furthermore, the customer receives a copy of the Terms and Conditions with his order.
14. Privacy
14.1. The seller is processing personal data of the customer for appropriate purposes and in accordance with the statutory provisions.
14.2. The for the purpose of ordering goods specified personal information (such as name, e-mail address, mailing address, bank data) are used by the seller for the processing of the contract. These data will be kept confidential and not disclosed to third parties who are not involved in the ordering, delivery and payment procedures.
14.3. The customer has the right to obtain information free of charge about the personal data stored by the Seller about him. In addition, he has the right to correct inaccurate data, blocking and deletion of their personal data, insofar as there is no legal obligation to retain.
14.4. For more information on the nature, extent, location and purpose of collection, processing and use of personal data required by the seller can be found in the Privacy Policy.
15. Jurisdiction, Applicable Law, Contract Language
15.1. Jurisdiction and performance is the location of the seller, if the buyer is a merchant, a legal entity under public law or public special fund.
15.2. The law of the Republic of Austria. This will not apply if mandatory consumer protection rules of such application would be contrary.
15.3. Contract language is German.