Terms and conditions of the Onlineshop vibes&shapes
(1) These terms and conditions apply to all contracts, deliveries and other services of the sole proprietorship Ing. Ines Ritter, Josef-Schlegel-Strasse 11/13, 4020 Linz/Austria, email firstname.lastname@example.org, fax +43 134242926453 (hereinafter “provider” or “vibes&shapes”), regarding the Onlineshop www.vibesandshapes.com and all sub-domains belonging to the domain.
(2) The offer in the vibes & shapes Onlineshop is aimed exclusively at end customers (hereinafter referred to as “customers” or “buyers”).
(3) Different customer regulations do not apply unless the provider has confirmed this in writing. In individual cases, individual agreements with customers (including side agreements, additions and/or changes) always have priority.
(4) The business relationships between the provider and the customer are subject to the law of the Federal Republic of Austria. The validity of UN purchasing law is excluded.
(5) Contract languages are German and English.
(6) The place of jurisdiction is Linz, as far as legally permissible.
(7) Should individual provisions of these general terms and conditions prove ineffective or unenforceable, this does not affect the effectiveness of the remaining provisions.
(8) We deliver to the following countries: worldwide.
2. Contract content and contract conclusion
(1) The provider offers customers new goods in the Onlineshop www.vibesandshapes.com, especially art prints / posters.
(2) Any color deviations of the goods presented in the Onlineshop and the goods delivered are possible due to differences in monitor and printer calibrations, due to technical reasons and do not constitute a defect.
(3) When shopping in the Onlineshop, a purchase contract is concluded by the acceptance of the customer’s order by the provider. Price markings in the Onlineshop do not represent an offer in the legal sense. The receipt and acceptance of the order will be confirmed to the customer by email.
The customer also has the option of inquiring by email, fax or letter from the provider about a specific item. After receiving such a request, the provider will send the customer a corresponding offer by email. A contract is only concluded when the customer accepts this offer.
(4) The contract text is saved. The provider sends the customer the order data including the invoice via email with a link to the terms and conditions. The terms and conditions can be viewed at any time at www.vibesandshapes.com/terms-and-conditions/.
3. Prices, sales tax, shipping costs and payment options
(1) When ordering via the Onlineshop, the prices stated there apply. All prices include the legal VAT.
(2) The prices are plus shipping and packaging costs, which will be announced to the customer before placing the order.
(3) The amount of the shipping costs is designed as a flat rate and depends on the desired delivery destination: see www.vibesandshapes.com/delivery-shipping/
(4) For shipping outside the customs borders of EU, US, UK and Australia, customs or import fees may be charged as soon as the package has reached the customer’s country. Such additional fees for customs clearance or customs clearance are borne by the customer. The provider has no influence on these fees and cannot predict their amount. Customs regulations vary considerably from country to country. For more information, the customer should contact the customs authorities in their own country in advance.
(5) The buyer has the option of paying with Credit Card (Visa, Mastercard, American Express), PayPal, Apple Pay (on compatible devices), Klarna Sofortueberweisung (Austria, Germany and Belgium), eps (Austria), Giropay (Germany), iDeal (The Netherlands), P24 (Poland) and Multibanco (Portugal).
(1) Unless otherwise agreed, delivery will be made to the delivery address specified by the customer.
(2) Partial deliveries and early deliveries are permitted within the limits of what is reasonable for the customer. If the customer has ordered several items, the provider may send them in several deliveries.
(3) After receipt of order and payment, physical goods are produced and shipped on demand within 1-3 working days. The delivery takes place approximately within 3-10 wording days, depending on delivery address.
(4) Digital goods are available for download immediately after the contract is signed.
5. Retention of title
(1) The delivered goods remain the property of the provider until the purchase price has been paid in full.
(2) The customer is obliged to inform the provider immediately in the event of a seizure of the goods or other interventions by a third party, as well as to inform the third party of the reserved property of the provider.
6. Right of withdrawal and cancellation policy
6.1 Right of withdrawal
(1) Consumers have a right of withdrawal in accordance with the following stipulations, whereby consumers are any natural person who concludes a legal transaction for purposes that can largely not be attributed to their commercial or independent professional activity.
6.2 Cancellation terms
(1) You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods. To exercise your right of withdrawal, you must contact us (vibes&shapes, Ing. Ines Ritter, Josef-Schlegel-Straße 11/13, A-4020 Linz, email email@example.com, fax +43 134242926453) with a clear statement (e.g. a letter sent by post, fax or email) informing us of your decision to cancel this contract. You can use the following downloadable sample withdrawal form (in original german language), but this is not mandatory.
Downloadlink sample cancellation form (in German): Download form
(2) The simple return of the goods is insufficient for the revocation.
6.3 Consequences of Withdrawal
(1) If you cancel this contract, we have to pay back all payments we have received from you, including the delivery costs (with the exception of the additional costs that arise from shipping outside the customs borders, see point 3.3.), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
(2) We can refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
(3) You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send off the goods before the period of fourteen days has expired.
(3) You bear the direct costs of returning the goods.
(4) You only have to pay for any loss in value of the goods if this loss in value is due to handling that is not necessary for checking the nature, properties or functionality of the goods.
End of right of withdrawal
(1) The warranty for defects in the purchased goods is based on the statutory provisions and the following provisions. The provider has to correct defects by eliminating the defects or by delivering a replacement at his own choice. The warranty claims expire two years after delivery of the goods.
(2) Minor, technically unavoidable or customary deviations in the quality, color, width, weight, equipment or design of the goods do not constitute defects. This does not apply if the provider has promised a sample delivery or has taken on a different quality guarantee. The customer is free to prove that the deviations mentioned are significant for him.
(3) All warranty claims of the customer expire in this respect as the customer has changed the goods or otherwise interfered with the goods, unless the customer can prove that the interference or change was not the cause of the defect.
8. Offsetting and retention
(1) The customer is only entitled to offset if his counterclaims have been legally established or are undisputed on the part of the provider. The customer is only authorized to exercise a right of retention in this respect as his counterclaim is based on the same contractual relationship.
9. Invitation for reviews
(1) vibes&shapes uses the service CusRev for product reviews. After receiving the delivery, the buyer automatically receives an email invitation to rate the products he has purchased using a form. With the conclusion of the purchase contract, the buyer agrees to receive an invitation by email to evaluate the purchased products. The customer is free to participate in the rating system.
(1) The provider processes personal data electronically for the proper fulfillment of the contract, in particular for the production, shipping, invoicing and booking of payments. For the purpose of production and shipping, the provider can also transmit the name and address of the customer to the commissioned production and shipping company.
(2) The provider stores the data until all mutual claims from the order have been completely settled and the commercial and tax law retention obligations for the provider have expired.
(3) The customer can request information from the provider at any time about the data that he has stored about the customer. Furthermore, the customer can request the correction of incorrect data at any time.
(The english version at hand is a translation from the original german version.)