Terms of service

FLAMME WIEN

Terms and Conditions - General Terms and Conditions

Flamme Wien e. U. for the distribution of goods in the online shop www.flammewien.com

  1. Scope

These General Terms and Conditions (hereinafter referred to as: General Terms and Conditions) regulate the contractual relationship between Flamme Wien e. U., (hereinafter: seller) and consumers within the meaning of Section 1 of the Consumer Protection Act (hereinafter: customers) for all current and future deliveries and other services provided by Flamme Wien  e. U. within the framework of the web shop under the domain www.flammewien.com (hereinafter referred to as: service).

These general terms and conditions apply exclusively to the contractual relationship, the validity and inclusion of which as a legal basis is confirmed by the customer by placing an order. Conflicting or deviating regulations from customers will not be recognized unless this is documented in writing.

If individual provisions of these General Terms and Conditions are wholly or partially ineffective due to mandatory legal regulations (in particular the provisions of the Consumer Protection Act), the remaining provisions of these General Terms and Conditions remain in effect unchanged.

  1. Conclusion of contract

The presentation of the products in the web shop does not represent a legally binding offer to conclude a contract, but rather an invitation to place an order by the customer. These can be from the Flamme Wien e. U. range. Select products and collect them for ordering using the “Add to shopping cart” button. Before submitting the order, the customer can access the order overview and view and change the data at any time. As part of the ordering process, they provide their name, email address, delivery address, desired payment method and delivery modalities.

By clicking on the “order with payment” button, the customer accepts the general terms and conditions and cancellation policy and submits a binding application to purchase the goods in the shopping cart.

The purchase contract is concluded upon receipt of the order confirmation, which the seller sends to the customer by email. Until this point, the seller reserves the right to refrain from delivering the goods offered. The details of the order are stated in the order confirmation or invoice.

  1. Prices and payment terms

The prices shown on the specific item page apply. All prices are shown in euros and do not include shipping costs. The gross final prices are indicated, including the legally required sales tax. The sales tax is shown separately on the invoices. If export or import taxes become due during shipping, these will also be borne by the customer.

Only the payment methods displayed during the ordering process are accepted. Payments are due immediately upon completion of the order and receipt of the invoice, unless another deadline is stated on the invoice. In the event of any returns, the corresponding product amount (less shipping and packaging costs) will be refunded.

  1. Delivery

Unless a different delivery time is specified in the product description in the online shop, shipping will take place within 2 - 5 working days after receipt of payment to the delivery address specified.

Delivery takes place throughout Austria for a flat shipping and packaging fee of 3.90 euros per order. For deliveries to the rest of the EU (except Austria) a flat shipping and packaging fee of 14.90 euros will be charged. 

All information regarding delivery times is intended as a guideline and is to be viewed as non-binding and without guarantee. Deliveries are made uninsured.

In the case of cross-border deliveries, additional charges (such as customs duties) may have to be paid by the customer in individual cases. When making deliveries abroad, the customer is responsible for observing any customs regulations, import regulations and the laws of the respective country.

Deliveries are mostly made with DPD or Austrian Post. If necessary, comparable delivery services can be accessed.

  1. Retention of title

The seller remains the owner of the delivered goods until the purchase price has been paid in full.

  1. Compensation and warranty

Unless otherwise specified, the general legal provisions apply.

The warranty is excluded if the defects were caused by the customer, for example through improper handling. In the event of a defective delivery that has obvious material or manufacturing defects or transport damage, this must be reported to the seller immediately in writing. In the case of an exchange under warranty law, the customer must first return the goods to be exchanged to the seller within 30 days.

In the event of a defective delivery, the seller will cover the shipping costs for uninsured shipping. If the goods are defective, the customer is entitled to a new one worth the purchase price. Monetary compensation will only be paid if the seller made an incorrect delivery and the item cannot be replaced with one of equal value.

  1. Right of withdrawal and cancellation

Customers from the EU have the right to cancel this contract within fourteen days without giving reasons.

The cancellation period is fourteen days from the day the contract is concluded.

In order to exercise the right of withdrawal, the customer of the seller (Flamme Wien, Mag. Ewa Placzynska e. U., Laxenburger Straße 39/30, 1100 Vienna, hello@flammewien.com) by means of a clear statement (e.g. a letter sent by post, fax or email) of the decision to revoke this contract. The attached sample cancellation form can be used for this, although this is not mandatory.

In order to meet the cancellation period, it is sufficient that the notification of the exercise of the right of cancellation is sent before the cancellation period has expired.

Consequences of revocation

If the customer withdraws from this contract, the seller shall retain all payments received from him or her, including delivery costs (with the exception of any additional costs resulting from a different type of delivery than that offered, cheapest standard delivery was chosen) to be repaid immediately and at the latest within fourteen days from the day on which Flamme Wien e.U. received notification of the cancellation of the contract. The same payment method used for the original transaction will be used for this repayment, unless expressly agreed otherwise; In no case will any fees be charged as a result of this repayment.

The seller can refuse repayment until the goods have been returned or until the customer has provided evidence that the goods have been returned, whichever is earlier.

The customer must return the goods to Flamme Wien e. U. immediately and in any case no later than fourteen days from the day on which the seller was informed of the cancellation of this contract. The deadline is met if the goods are sent before the fourteen day period has expired.

The customer bears the direct costs of returning the goods. He or she is only liable for any loss in value of the goods if this loss in value is due to handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

  1. Disclaimer

The seller or her vicarious agents are not liable to companies and customers for damage caused by slight negligence (except personal injury). Claims for damages against Flamme Wien e. U. are excluded in these cases. No liability is accepted for damage that does not occur to the goods themselves. Liability for lost profits or other financial losses of the buyer is excluded.

The seller is only liable for intent and gross negligence. Liability is limited to the amount of the purchase price (excluding liability for intent).

The seller states that in principle she only acts as an intermediary. It guarantees that the goods correspond to the description in the order. Minor deviations, especially in terms of color, prints, style and size, as well as irregularities in the packaging are possible. No warranty or liability is assumed for this.

Otherwise, the statutory provisions apply.

  1. Data protection

The customer confirms that the data and information provided are correct and complete.

All data protection provisions are contained in the data protection declaration.

  1. Severability clause

Should an individual provision of these General Terms and Conditions be or become invalid

The remaining provisions are not affected and remain effective.

  1. Contract language and contract law

The contract language is German or English. Austrian law applies.

  1. Copyright notice (© Copyright)

The texts, photos, illustrations, videos and other graphic designs used on these websites are protected by copyright. Any use requires prior agreement with Flamme Wien e. U. If necessary, use can be permitted or prohibited by the seller or contact can be established with the authorized person or the author.

  1. Links

No liability is assumed for the content of any links to other online offerings. The seller requests immediate notification if a linked website contains illegal content. The link will then be removed immediately.