Terms of Service
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1) Scope
1.1 These general terms and conditions (hereinafter "GTC") of Mag. Roberta Smischek (hereinafter "seller") apply to all contracts for the delivery of goods and services that a consumer (hereinafter "customer") with the seller with regard to the seller concludes the goods and services displayed in his online shop. The inclusion of the customer's own conditions is hereby contradicted.
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1.2 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can be attributed neither to their commercial nor to their independent professional activity. Our offers are only aimed at consumers / customers of legal age.
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2) Range of goods and 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 submit a binding offer by the customer.
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2.2 The customer can submit the offer using the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer for the goods in the shopping cart by clicking the button that concludes the ordering process.
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2.3 The seller can accept the customer's offer within five days by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the customer's receipt of the order confirmation is decisive, or
by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
by asking the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth 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.
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2.4 If the payment method "PayPal Express" is selected, the payment will be processed by the payment service provider PayPal (Europe) S.Ã rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under the terms and conditions for payments without a PayPal account , available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects "PayPal Express" as the payment method during the online ordering process, he also issues a payment order to PayPal by clicking the button that concludes the ordering process. In this case, the seller already declares the acceptance of the customer's offer at the point in time at which the customer triggers the payment process by clicking the button that completes the order process.
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2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after submitting his order, along with these terms and conditions. In addition, the text of the contract is archived on the seller's website and can be called up by the customer free of charge via his password-protected customer account by entering the corresponding login data, provided that the customer has created a customer account in the seller's online shop before submitting his order.
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2.6 Before the binding submission of the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the representation on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button to complete the ordering process.
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2.7 Only the German language is available for the conclusion of the contract.
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2.8 Order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the e-mail address given by him to process the order 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 third parties commissioned by the seller to process the order can be delivered.
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2.9 The seller's offers are always subject to change and non-binding, unless otherwise stated in the offer. The color representation of the articles on the website may vary slightly depending on the Internet browser used and the customer's monitor settings. These deviations can never be completely avoided from a technical point of view. For reasons of photo and display technology, there may also be differences in color and size between the actual goods and their images on the Internet or on print media. Glass beads are individually handcrafted. Each individual bead is unique, which can lead to deviations in shape, size and color.
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2.10 In the case of an individual production order according to customer requirements, the customer sends his wishes to the seller by email. The seller will usually give him within 3 days in a reply email whether the custom-made product is possible, what it will cost and how long the delivery time is expected to be. After the customer has given his consent, the contract is concluded when the seller sends the invoice to the customer.
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2.11 The purchase contract is concluded with: Mag. Roberta Smischek, Sonnensiedlung 50, 5412 Puch near Hallein, Austria, Tel. + 43/6641847285, Email: office@isisnoreia.at
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3) right of withdrawal
3.1 Consumers generally have a right of withdrawal.
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3.2 More detailed information on the right of cancellation can be found in the seller's cancellation policy. www.isisnoreia.at/Wiederruf
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4) Prices and terms of payment
4.1 The prices quoted on the product pages are end-user prices plus shipping costs and contain due to the small business regulation according to § 6 (1) 27 USTG no Value added tax. (Due to the application of the small business regulation, no sales tax is shown on invoices.) Shipping costs are specified separately in the respective product description.
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4.2 The payment options are also available to the customer in the seller's online shop and under "Shipping, delivery & payment instructions".
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4.3 If prepayment by bank transfer has been agreed, payment is due immediately after the conclusion of the contract. The provider only accepts transfers from abroad as payment-free payments in euros.
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4.4 Unless other bank details are given on the invoice, transfers must be made to the following account details:
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Payee:
Mag. Roberta Alexandra Smischek
IBAN: AT44 6000 0501 1606 4755
BIC: BAWAATWW
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In the case of telebanking transfers, the name of the customer must be entered in the "Payment reference or intended use" field.
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4.5 When paying by means of a payment method offered by PayPal, the payment is processed by the payment service provider PayPal (Europe) S.Ã rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full .
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5) Delivery and shipping conditions
5.1 With the conclusion of a sales contract, the customer instructs the seller to send the ordered and purchased items by post or private shipping service. The seller assumes no liability for the service of the Austrian Post AG and the private shipping service. The shipping costs are paid by the seller and invoiced to the customer in the form of a flat-rate shipping charge (packaging material included).
5.2 The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.
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5.3 If a consignment is not accepted by the recipient, or if it cannot be delivered to the specified delivery address and the consignment is returned to the seller, the customer will be charged the additional costs for the return shipment.
If a shipment is visibly damaged during delivery, the recipient must insist that this fact be recorded in writing by the deliverer. The customer complains about delivered goods with obvious transport damage to the deliverer and informs the seller of this as soon as possible.
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5.4 Delivery takes place in Austria and Germany.
Other countries only on prior request.
5.5 Delivery takes place immediately, but no later than 30 days. (§ 4 Paragraph 1 Z 7 FAGG) When ordering individual custom-made products, shipping can be extended. The seller will inform the customer separately about the scope and duration of this extension.
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6) Retention of title
If the seller makes an advance payment, he retains ownership of the goods delivered until the purchase price owed has been paid in full.
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7) Warranty
Legal warranty periods apply.
Excluded from the guarantee are damage that can be traced back to natural wear and tear, improper use or insufficient or incorrect care.
If there is any transport damage, this must be reported to the parcel service.
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8) Applicable Law
The law of the Republic of Austria applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, 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.
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9) Alternative dispute resolution
9.1 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.
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9.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
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Download terms and conditions as PDF:
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