- Contractual partner - scope - contract language
The present general terms and conditions (hereinafter GTC) of EVELYN Z. Design GmbH., Akademiestraße 2, 1010 Vienna, Austria (hereinafter EVELYN Z.) apply to every contract concluded between EVELYN Z. and the customer for everyone on the website www.mitschkatzen .com (hereinafter Website) products offered for sale online (hereinafter Online Products).
The version of the terms and conditions shown on this website at the time of the order applies.
With each order through this website, customers are asked to agree to the terms and conditions in force at the time of the order. The current version of the GTC can be viewed before and during the consent process and can be printed out.
Consent is given by customers ticking the box "I have read the General Terms and Conditions and I fully agree to them".
The online products are intended exclusively for sale to end users. End users are persons who do not carry out any business or professional activities, in particular the resale of products. For this reason, EVELYN Z. reserves the right to limit the number of pieces that a customer can order from an online product.
Personal designations generally refer to both genders.
EVELYN Z. delivers online products exclusively to delivery addresses in Austria and Germany. Contract language is German.
The online products are available while stocks last. If an online product is not available after the ordering process, the customer will be informed immediately by e-mail or telephone within three working days at the latest. The customer then has the option of either taking a different online product or canceling his order. As long as EVELYN Z. has not accepted an order, it is not obliged to deliver online products.
- Order - possibility of correction - conclusion of contract
An order is only possible if all mandatory fields marked with * are filled out. Before the order is finally sent, customers are given the opportunity to correct the order. Customers receive supporting detailed information directly during the ordering process. Customers will then receive an order confirmation by e-mail.
The order confirmation shows the total amount of the order, information on shipping costs and delivery time, as well as the essential characteristics and price of the online products ordered. The order confirmation does not constitute acceptance. The order confirmation must be kept in a safe place as a printout or in electronic form.
The contract is only concluded with the written acceptance by EVELYN Z. via e-mail via the e-mail address provided by the customer.
- contract storage
Customers can also print out or save the full text of these General Terms and Conditions by clicking on the relevant field. The order form can be printed out or saved by the customer after the ordering process.
- prices and shipping costs
Prices apply as displayed on this website. All prices are total prices in EURO and include all taxes including sales tax and duties. The shipping costs are included from an order value of € 100.00 for deliveries in Austria and Germany. Any customs duties will be announced separately. If additional shipping costs arise due to the specification of an incorrect delivery address or an incorrect addressee, these costs must be reimbursed by the customer. Each order is to be paid for in euros immediately after conclusion of the contract. The invoice will follow after payment has been made.
- Payment Methods
EVELYN Z. accepts the following payment methods:
- Instant bank transfer
- Credit card: Mastercard, Visa and American Express
- Direct payment (payment in advance)
The customers undertake to pay the purchase price in full plus any shipping costs, customs duties, etc. (Austria and Germany from an order value of €100.00 without shipping costs, etc.) upon conclusion of the contract.
The online products will be delivered no later than 21 days after receipt of the amount in the specified bank account or after receipt of the credit card company's redemption commitment.
- Right of withdrawal (right of withdrawal)
Customers have the following right of revocation/right of withdrawal.
Each customer can withdraw from the contract free of charge and without giving reasons within fourteen (14) calendar days after the customer or a third party named by the customer (who is not the carrier) takes possession of the online products. In the case of a contract for several online products which a customer has ordered as part of a single ordering process and which are delivered separately to the customer or to a third party named by the customer who is not the carrier, the right of withdrawal applies from the point in time which the last online product was taken possession of.
The cancellation period is met if the declaration of cancellation is sent within the fourteen-day period. After this period has expired, this right of revocation (right of withdrawal) has expired.
To exercise the right of withdrawal, the customer must
EVELYN Z. Design GesmbH.
Academy Street 2
1010 Vienna, Austria
Phone: +43 1 5121666
by means of a clear statement (e.g. a letter sent by post or e-mail) of his decision to withdraw from this contract.
The customer can use the retrievable model cancellation form for this purpose, but this is not mandatory. If the customer declares his withdrawal by e-mail, the customer will immediately receive a confirmation of his withdrawal by e-mail.
In case of timely exercise of the right of withdrawal for an online product, EVELYN Z. will reimburse the customer for all payments received from him, including delivery costs
(with the exception of the additional costs resulting from the fact that the customer has chosen a different type of delivery than the cheapest standard delivery offered by EVELYN Z. immediately and at the latest within fourteen (14) calendar days from the day on which the Notification of the revocation of this contract has been received by EVELYN Z.
The customer receives an e-mail from EVELYN Z. For this repayment, EVELYN Z. uses the same means of payment that the customer used for the original transaction, unless something else was expressly agreed with the customer; under no circumstances will the customer be charged for this repayment.
EVELYN Z. may refuse the refund until it has received the online product back or until the customer has provided proof that he has returned the online product, whichever is earlier.
The customer acknowledges that in the case of payment by credit card, the bank may need up to ten (10) working days to credit the customer's card with the refunded amount, depending on the processing time. The reason for this lies with the card issuer; unfortunately it is not possible for EVELYN Z. to accelerate this process.
The customer must return or hand over the online product to the following address immediately and in any case no later than fourteen (14) calendar days from the day on which he informed EVELYN Z. of the cancellation of the contract (the deadline is met if the Customer sends the Online Products before the period of fourteen (14) calendar days has expired):
EVELYN Z. Design GesmbH., Akademiestrasse 2, 1010 Vienna, Austria
The customer has to bear the direct costs of returning the goods to EVELYN Z. himself.
The Customer must pay EVELYN Z. compensation for a reduction in the market value of the Online Product if this reduction in value is due to the handling of the Product other than what is necessary to establish the nature, characteristics and functioning of the Product. This applies in particular to online products that are damaged, wrinkled, worn, washed, soiled with grease, make-up, lipstick, etc., or from which the various product tags and seals have been removed.
- Non-existing right of withdrawal (right of withdrawal)
If the purchase price is less than EUR 50, there is no right of withdrawal.
For online products that were delivered sealed and are not suitable for return for reasons of health protection or hygiene, the right of withdrawal does not apply if the online products have been unsealed after delivery.
The provisions on the statutory warranty apply.
EVELYN Z. makes every effort to ensure that the online products depicted in the artwork, 3D representations and photographs on this website match the original products in terms of colour, design and style. Nevertheless, deviations can occur due to a different color reproduction on the customer's computer, for which no guarantee is given.
The statutory warranty must be asserted within a period of two (2) years from receipt of the online product. Defects that occur within a period of six (6) months from delivery are deemed to have existed since delivery, unless there is evidence to the contrary.
- delay of acceptance
If the customer is in default of acceptance, EVELYN Z. is entitled to store the online products at its premises, with a storage fee of €15.00 per calendar day or part thereof being charged.
This does not count as withdrawal from the contract.
- Delivery period, transfer of risk, delay in delivery
EVELYN Z. delivers in Austria and Germany within 21 days.
With delivery to the address specified by the customer, the danger and risk for the online product is transferred to the customer. In the event of non-compliance with the delivery deadline, the customer can contact EVELYN Z. to withdraw from the contract and obtain a refund of amounts already paid for online products not yet received.
- retention of title
The online products remain the property of EVELYN Z. until full payment has been made. If the customer defaults on payment, EVELYN Z. is entitled to assert its rights from the retention of title. The assertion of the rights from the retention of title does not constitute a withdrawal from the contract.
- Copyright protection, design protection
The online products shown by EVELYN Z. on the website are protected by intellectual property rights. Any use or imitation is prohibited. All rights to the MITSCHKAtzen belong to EVELYN Z
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