1. GENERAL PROVISIONS, SCOPE OF APPLICATION
1.1. These General Terms and Conditions apply to the business relationships between paulinerochas.com and the customer.
1.2. The contractual basis is the respective individual agreement (subsequently also referred to as “contract” or “agreement”). In the event of conflicts or discrepancies, the individual agreement takes precedence over these General Terms and Conditions.
1.3. By placing the order, the customer accepts all contractual bases and these General Terms and Conditions.
1.4. Any conflicting or other general terms and conditions and/ or any other conditions of the customer, however termed, are expressly rejected, unless we expressly agree to their applicability in writing.
1.5. The language of the contract is English.
2. CONCLUSION OF THE CONTRACT
2.1. The range of goods offered in the online shop does not represent a legally binding offer but is intended for non-binding information.
2.2. By ticking the checkbox relating to the General Terms and Conditions, the customer accepts these General Terms and Conditions. Acceptance of these General Terms and Conditions is required for a contract to be concluded.
2.3. By clicking the button labelled “Place order” or “Proceed to Paypal” , the customer places a binding order for the goods added to the shopping basket.
2.4. The customer is bound by this order for 2 days after receipt of the order. The statutory right of withdrawal remains unaffected thereby.
2.5. The automatic confirmation of receipt of the order sent to the e-mail address provided by the customer does not yet constitute acceptance of the contract on our part.
2.6. The contract does not come into existence until we have accepted the contract. The contract is accepted by means of an order confirmation sent to the e-mail address provided by the customer.
2.7. We reserve the right to reject orders without giving reasons.
3. STORAGE OF CONTRACTS
3.1. The contract will be stored by us.
3.2. Should the customer wish to be sent the contract, the customer can send a request to that effect to the following e-mail address: firstname.lastname@example.org
4. PRICES AND SHIPPING COSTS
4.1. Prices quoted to consumers are total prices inclusive of all taxes, including value-added tax, and charges.
4.2. All prices quoted are exclusive of shipping costs. Shipping costs are indicated separately.
5. TYPES OD PAYMENT
5.1. We accept the following types of payment: Paypal, Credit Card
6. DELIVERY PERIOD
6.1. The delivery periods indicated next to the respective goods on the product page apply
10. WITHDRAWAL FROM THE CONTRACT
10.1. The right of withdrawal is exclusively available to consumers.
10.2. The right of withdrawal must be exercised within 7 days from the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the goods. To do so, the consumer must inform us of the consumer’s decision to withdraw from the contract by an unequivocal statement.
10.3. The withdrawal deadline is met if the statement of withdrawal is sent before the withdrawal period has expired.
10.4. If the right of withdrawal is exercised, we must reimburse to the consumer all payments received from the consumer, including the costs of delivery (with the exception of the supplementary costs resulting from the consumer’s choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about the withdrawal from the contract. We will carry out such reimbursement using the same means of payment as the consumer used for the initial transaction, unless expressly agreed otherwise; in any event, we will not charge any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or until the consumer has supplied evidence of having sent back the goods.
10.5. The consumer must send back the goods to us without undue delay and in any event not later than fourteen days from the day on which the consumer has communicated the withdrawal from the contract to us. The deadline is met if the consumer sends back the goods before the period of fourteen days has expired.
10.6. The consumer bears the direct cost of returning the goods
10.7. The consumer is liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
10.8. The right of withdrawal does not apply
– to the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons if they were unsealed after delivery.
– to goods which are, after delivery, according to their nature, inseparably mixed with other items.
11. PASSING OF RISK
11.1 In the case of contracts with consumers, the risk of loss and/or deterioration of the goods passes to the consumer as soon as the goods are handed over to the consumer or a person attributable to the consumer.
12.1. Warranty claims may be asserted by using the contact details indicated in the legal notice
13.1. We do not grant any guarantees beyond statutory warranty.
14.1. We are only liable to the customer for damage caused by wilful intent or gross negligence; any liability for slight negligence is excluded, except in the case of personal injury. If the customer is a consumer, liability for damage caused by slight negligence is only excluded insofar as this does not concern a primary obligation under the contract. We are not liable for consequential damage, lost profits, damage resulting from third-party claims or mere pecuniary loss.
14.2. Any liability for damage as a result of improper handling or storage, overuse, disregard of operating and installation instructions, incorrect assembly, operation, servicing, maintenance by the customer or third parties not authorised by us, or natural wear and tear is excluded, provided that the damage was caused by that incident.
14.3.If and to the extent that any damage for which we are liable can be compensated by the customer by claiming insurance benefits under any indemnity insurance taken out by, or for the benefit of, the customer (e.g. third-party liability insurance, comprehensive insurance, transport insurance, fire insurance, business interruption insurance), the customer agrees to claim such insurance benefits, and our liability is thus limited to the disadvantages incurred by the customer as a result of making a claim under such insurance (e.g. increased insurance premiums).
14.4. The liability provisions and limitations contemplated herein also apply to claims by the customer against our employees, representatives and other vicarious agents due to damage which these parties have caused to the customer without any relation to a contract with the customer on their part.
15. LAESIO ENORMIS
15.1. Entrepreneurs cannot contest or modify this contract on the grounds of laesio enormis, i.e. that the subject matter of the purchase is worth less than half of the purchase price
16. CHANGES IN ADDRESS
16.1. The contracting parties must inform one another of any changes in address without undue delay. If a party fails to do so, all deliveries are made to the last known address of that party.
17. CONSUMER DISPUTE RESOLUTION AND ONLINE DISPUTE RESOLUTION
17.1. Consumers may lodge their complaint directly with us by using the following e-mail address: INFO@PARFUMSPAULINER.COM
18. PLACE OF PERFORMANCE
18.1. The place of performance is Vienna.
19. SEVERABILITY CLAUSE
19.1. Should any provision of this contract be void or voidable or ineffective for any other reason, this does not affect the validity or legal effectiveness of all other contractual provisions. The inapplicable provisions are replaced by provisions that best meet the intention of the contracting parties in consideration of the content and meaning of the legally effective provisions of this contract. This also applies to any provisions that are missing in the contract.
20. APPLICABLE LAW AND PLACE OF JURISDICTION
20.1. Austrian law applies, with the exception of its conflict-of-laws rules and the UN Sales Convention, unless this is contrary to provisions under consumer law that cannot be excluded by agreement.
20.3.In the case of business with consumers, this agreement on the place of jurisdiction only applies if the customer had his/her place of residence, habitual residence or place of employment in the judicial district of that court when the contract was concluded.