Terms and Conditions

The following agreement consists of 14 clauses and sets out the rights and regulations governing distance selling and e-commerce contracts between WIENER SEIFE GmbH (hereinafter referred to as the ‘Seller’) and consumers (hereinafter referred to as the ‘Customer’) – B2C.

1. Scope
2. Offers and product descriptions
3. Order process and conclusion
of contract 4. Prices and delivery charges
5. Delivery, availability
of goods 6. Payment terms
7. Retention
of title 8. Warranty for defects and guarantee
9. Liability
10. Right
of withdrawal 11. Returns
12. Storage of the contract text
13. Data protection
14. Jurisdiction, applicable law, contract language

1. Scope

1.1. The business relationship between WIENER SEIFE GmbH, owner: Sonja Baldauf, Favoritner Gewerbering 1/B, A-1100 Vienna] (hereinafter the “Seller”) and the customer (hereinafter the “Customer”) shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.
1.2. You may contact the Seller regarding enquiries, complaints and claims on working days from 10:00 to 18:00 on telephone number +43 1 600 98 41 or by email at kontakt@wienerseife.at
1.3. A ‘consumer’ within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that cannot be attributed to either their commercial or self-employed professional activity (Section 1 of the Consumer Protection Act (KSchG)).
1.4. Any deviating terms and conditions of the Customer shall not be recognised unless the Seller expressly agrees to their validity in writing.

2. Offers and product descriptions

2.1. The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. Descriptions of services in catalogues and on the Seller’s websites do not constitute a representation or guarantee.
2.2. The availability of goods is indicated in the online shop under ‘Delivery time’.

3. Order Process and Conclusion of Contract

3.1. The customer may select products from the Seller’s range without obligation and add them to a ‘shopping basket’ by clicking the ‘Add to basket’ button.
3.2. The customer may then proceed to complete the ordering process within the shopping basket by clicking the ‘Proceed to checkout’ button.
3.3. By clicking the ‘Place Binding Order’ button, the customer submits a binding offer to purchase the goods in the shopping basket. Before submitting the order, the customer may view and amend the details at any time. Required fields are marked with an asterisk (*).
3.4. The seller will then send the customer an automatic confirmation of receipt by email, which lists the customer’s order once again and which the customer can print out using the ‘Print’ function (order confirmation). The automatic confirmation of receipt merely documents that the customer’s order has been received by the seller and does not constitute acceptance of the offer. The contract of sale is only concluded once the Seller has dispatched or handed over the ordered product to the Customer within 1–5 days, or has confirmed dispatch to the Customer within 1–5 days by means of a second email, an express order confirmation (dispatch confirmation) or by sending the invoice.
3.5. Should the seller offer payment in advance, the contract is concluded upon provision of the bank details and a request for payment. If, despite being due and following a further reminder, payment has not been received by the seller within a grace period of 14 calendar days after the order confirmation was sent, the seller shall withdraw from the contract, with the result that the order is void and the seller is under no obligation to deliver. The order is then settled between the buyer and the seller without further consequences. A reservation of the item for payments in advance is therefore valid for a maximum of 14 calendar days.

4. Prices and delivery charges

4.1. All prices stated on the Seller’s website include all taxes and duties, including the applicable statutory value-added tax.
4.2. In addition to the stated prices, the Seller charges delivery charges. The delivery charges are clearly communicated to the Buyer on the delivery charges page and during the ordering process.

Shipping costs table showing the additional flat-rate charges for the delivery of the goods:

4.3. In the event of a valid withdrawal, the customer must bear the costs of returning the goods.

5. Delivery, availability of goods

5.1. If the product specified by the customer in the order is only temporarily unavailable, the seller shall also inform the customer of this without delay in the order confirmation. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. Furthermore, in this case, the seller is also entitled to withdraw from the contract. In such circumstances, the seller shall immediately refund any payments already made by the customer. Where payment in advance has been agreed, delivery shall take place upon receipt of the invoice amount.

6. Terms of Payment

6.1. The customer may choose from the available payment methods during and prior to completion of the ordering process.
6.2. If payment by invoice is possible, payment must be made within 14 days, without any deductions, upon receipt of the goods and the invoice. For all other payment methods, payment must be made in advance, without any deductions.
6.3. Where third-party providers, such as PayPal, are commissioned to process payments, their General Terms and Conditions shall also apply, to which express reference is made herein.
6.4. In the event of late payment, the customer shall pay interest on arrears at a rate of 5 percentage points above the base rate.
6.5. The customer’s obligation to pay interest on late payment does not preclude the seller from claiming further damages arising from the delay.
6.6. The customer shall only be entitled to set-off if their counter-claims have been legally established or recognised by the seller.

7. Retention of title

In the event of default, we are entitled to enforce our rights under the retention of title. It is agreed that the enforcement of the retention of title does not constitute a withdrawal from the contract, unless we expressly declare our withdrawal from the contract.

8. Warranty for material defects and guarantee

8.1. The warranty is governed by statutory provisions.
8.2. Any additional guarantee in respect of the goods supplied by the seller shall only apply if it has been expressly granted and shall not affect the statutory warranty.

9. Liability

9.1. Notwithstanding any other statutory conditions for claims, the following exclusions and limitations of liability shall apply to the Seller’s liability for damages.
9.2. The Seller shall be liable without limitation insofar as the cause of the damage is due to wilful misconduct or gross negligence.
9.3. Furthermore, the Seller shall be liable for the breach of essential obligations due to slight negligence, where such a breach jeopardises the fulfilment of the purpose of the contract, or for the breach of obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the Customer regularly relies. In such cases, however, the Seller shall only be liable for foreseeable damage typical for this type of contract. The Seller shall not be liable for a breach due to slight negligence of obligations other than those mentioned in the preceding sentences.
9.4. The foregoing limitations of liability shall not apply in the event of injury to life, limb or health, in the case of a defect arising from the assumption of a guarantee as to the quality of the product, or in the case of defects fraudulently concealed. Liability under the Product Liability Act remains unaffected.
9.5. Insofar as the Seller’s liability is excluded or limited, this also applies to the personal liability of employees, agents and vicarious agents.

10. Right of withdrawal

10.1 Information on the right of withdrawal for consumers
The customer has the right to withdraw from the contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which the customer, or a third party designated by them (other than the carrier), took possession of the goods. To exercise the right of withdrawal, the customer must inform the supplier by means of a clear statement (e.g. a letter sent by post, fax or email) of their decision to withdraw from the contract.
Post:

WIENER SEIFE GmbH
Favoritner Gewerbering 1/B
A-1100 Vienna
Fax: +43 1 712 03 03
Email: kontakt@wienerseife.at

The customer may use the attached model withdrawal form for this purpose, although this is not compulsory. To meet the withdrawal deadline, it is sufficient for the notification of the exercise of the right of withdrawal to be dispatched before the expiry of the withdrawal period.
The direct costs of returning the goods are to be borne by the customer.

Consequences of withdrawal
If the contract is withdrawn, the seller must refund all payments received from the customer, including delivery costs (with the exception of any additional costs arising from the customer having chosen a different method of delivery to the cheapest standard delivery offered by the seller), and reimburse the customer without undue delay and at the latest within fourteen days of the day on which the seller received notification of the withdrawal from the contract. The same method of payment used for the original transaction shall be used for this refund, unless expressly agreed otherwise; under no circumstances shall any fees be charged in connection with this refund. The seller may withhold the refund until they have received the goods back or until the customer has provided evidence that they have returned the goods, whichever is the earlier.
The customer must return or hand over the goods to the seller without delay and, in any event, no later than fourteen days from the day on which they informed the seller of their withdrawal from the contract. The deadline is deemed to have been met if the goods are dispatched before the expiry of the fourteen-day period.
The customer shall bear the direct costs of returning the goods.
The customer shall only be liable for any loss in value of the goods if such loss is attributable to handling of the goods that goes beyond what is necessary to ascertain their nature, characteristics and functioning.

Model
withdrawal form: If you wish to withdraw from the contract, please complete this form and return it.

Download Model Withdrawal Form (PDF) 

10.2 The right of withdrawal does not apply to contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or specification by the consumer is decisive, or which are clearly tailored to the consumer’s personal needs;
10.3 The right of withdrawal expires prematurely in the case of contracts – for the supply of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been broken after delivery.

11. Returns

11.1. Customers are asked to notify the seller of the return before posting the goods back (+43 1 600 98 41; kontakt@wienerseife.at; www.wienerseife.at) in order to arrange the return. This enables the seller to identify the products as quickly as possible. However, this notification does not affect the rights arising from the right of withdrawal.
11.2 Customers are asked to return the goods to the seller as a prepaid parcel and to retain proof of posting. Upon request, the seller will reimburse the customer for the postage costs in advance, provided these are not to be borne by the buyer themselves.
11.3 Customers are asked to avoid damaging or soiling the goods. Where possible, the goods should be returned to the seller in their original packaging with all accessories. If the original packaging is no longer in the seller’s possession, other suitable packaging should be used to ensure adequate protection against damage in transit and to avoid any claims for damages resulting from damage caused by inadequate packaging.

12. Storage of the contract text

12.1. The seller shall store the text of the contract relating to the order. The Terms and Conditions are available online. The customer may print out the text of the contract before submitting the order to the seller by using their browser’s print function in the final step of the ordering process.
12.2. The seller shall also send the customer an order confirmation containing all order details to the email address provided by the customer.

13. Data Protection

13.1 The Seller processes the Customer’s personal data for specific purposes and in accordance with statutory provisions.
13.2 The personal data provided for the purpose of ordering goods (such as name, email address, postal address and payment details) will be used by the Seller to fulfil and process the contract. This data is treated confidentially and will not be passed on to third parties who are not involved in the ordering, delivery and payment process.
13.3 The customer has the right, upon request and free of charge, to receive information about the personal data held about them by the Seller. In addition, they have the right to have incorrect data rectified, and to have their personal data restricted or erased, provided that no statutory retention obligation precludes this.
13.4 Further information on the nature, scope, location and purpose of the collection, processing and use of the necessary personal data by the seller can be found in the privacy policy.

14. Jurisdiction, Applicable Law, Language of the Contract

14.1 The place of jurisdiction and place of performance shall be the Seller’s registered office if the Customer is a trader, a legal person governed by public law or a special fund under public law. For all actions brought against a consumer who has their domicile, habitual residence or place of employment within Austria in respect of disputes arising from this contract, jurisdiction lies with one of the courts within whose jurisdiction the consumer has their domicile, habitual residence or place of employment. For consumers who do not have their domicile in Austria at the time the contract is concluded, the statutory places of jurisdiction shall apply.
14.2 The law of the Republic of Austria shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and any international conflict-of-law rules. If the contracting party is a consumer, the choice of law shall not result in the consumer being deprived of the protection afforded by the mandatory provisions of the law of the country in which they have their habitual residence.
14.3 The language of the contract is German.