CLARISSAKORK GmbH
Dorf 343
6942 Krumbach
Austria
§1 Scope of application and provider
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier CLARISSAKORK GmbH - CEO: Clarissa Steurer via the www.clarissakork.com website.
(2) The goods offered in our online store are aimed exclusively at buyers who have reached the age of 18.
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions therefore also apply to all future business relationships with companies, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer that contradict our general terms and conditions is hereby rejected.
(4) The contractual language is German.
(5) You can call up and print out the currently valid General Terms and Conditions on the website.
§2 Conclusion of contract
The subject of the contract is the sale of goods, in particular carpets made of cork.(2) By placing the respective product on our website, we submit a binding offer to you to conclude a contract under the conditions specified in the item description.(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can call up the "Shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After calling up the "Check-out" page and entering the personal data as well as the payment and shipping conditions, all order data is finally displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal, Sofort) as a payment method, you will either be taken to the order overview page in our online store or you will first be redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. You will then be redirected back to our online store on the order overview page.
Before submitting the order, you have the opportunity to check all details again, to change them (also via the "back" function of the Internet browser) or to cancel the purchase.
By sending the order via the "Buy" button, you declare your legally binding acceptance of the offer, whereby the contract is concluded.
If the contract is concluded by means of "advance payment by bank transfer", the invoice amount must be paid to the bank account within 7 working days.(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days.(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§3 Prices
(1) The prices stated on the product pages include statutory VAT and other price components and are exclusive of VAT. The respective shipping costs
§4 Terms of payment; default
Payment is optional:
- Prepayment
- Instant bank transfer
- Paypal
(2) If you are in default with a payment, you are obliged to pay the statutory default interest of 5 percentage points above the base interest rate. You will be charged at least a reminder fee of EUR 5 for each reminder letter sent to you after the default has occurred, unless you can prove that the damage is lower.
§5 Set-off/right of retention
(1) You shall only be entitled to set-off if your counterclaim has been legally established or is not disputed by us.
(2) You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§6 Delivery; retention of title
(1) Unless otherwise agreed, the goods shall be delivered from our warehouse to the address specified by you.
(2) The goods shall remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur within the meaning of Section 1 UGB, the following also applies:
- We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted.
- You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale. We accept the assignment, but you are authorized to collect the claims. If you do not properly meet your payment obligations, we reserve the right to collect claims ourselves.
- If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
- We undertake to release the securities to which we are entitled on request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. We shall be responsible for selecting the collateral to be released.
§7 Withdrawal policy
(1) In the event that you are a consumer within the meaning of § 1 KSchG, i.e. if you make the purchase for purposes that can predominantly be attributed neither to your commercial nor your independent professional activity, you have a right of withdrawal in accordance with the following provisions.
(2) Right of withdrawal
- You have the right to withdraw from this contract within fourteen days without giving any reason.
- The withdrawal 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.
- In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. e-mail). You can use the attached sample withdrawal form, but this is not mandatory.
- To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
(3) Consequences of revocation
- If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
- We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
- You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
- You bear the cost of returning the goods.
- You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
(4) Sample withdrawal form
If you wish to cancel the contract, please fill out this form and send it back to us.
To:
CLARISSAKORK GmbH
Dorf 343
6942 Krumbach
Austria
E-mail: hallo@clarissakork.com
I/we (*) hereby revoke the contract concluded by me/us (*) for
the purchase of the following goods (*):
Ordered on (*)/received on (*)
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only for notification on paper)
Date
(*) Delete as appropriate.
End of the withdrawal policy
(5) The right of withdrawal does not apply to the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. T-shirts with your photo and your name), to the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery or to the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.
(6) Please avoid damage and soiling. If possible, please return the goods to us in their original packaging with all accessories and with all packaging components. Use protective outer packaging if necessary. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage in order to avoid claims for compensation due to damage caused by defective packaging.
(7) Please email us at hallo@clarissakork.com to notify us of the return. In this way, you enable us to allocate the products as quickly as possible.
(8) Please note that the modalities mentioned in the above paragraphs 6 and 7 are not a prerequisite for the effective exercise of the right of withdrawal.
§8 Transport damage
(1) If goods are delivered with obvious transport damage, please complain about such defects immediately to the deliverer and please contact us as soon as possible and document this by means of a photo
(2) Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance company.
§9 Warranty
(1) Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of sales law.
(2) If you are a consumer within the meaning of § 1 KSchG, the limitation period for warranty claims for used goods is one year - in deviation from the statutory provisions. This limitation does not apply to claims for damages resulting from injury to life, limb or health or from the breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation) as well as for claims for other damages based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
(3) In all other respects, the statutory provisions shall apply to the warranty.
(4) If you are an entrepreneur within the meaning of § 1 UGB, the statutory provisions shall apply with the following modifications:
- You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered at a later date. The assertion of warranty claims is excluded in the event of a breach of the obligation to inspect and give notice of defects.
- In the event of defects, we shall provide warranty at our discretion by repair or replacement (subsequent performance). In the event of rectification of defects, we shall not have to bear the increased costs incurred by moving the goods to a location other than the place of performance, provided that the move does not correspond to the intended use of the goods.
- If the supplementary performance fails twice, you can demand a reduction or withdraw from the contract at your discretion.
- The warranty period is 6 months from delivery of the goods.
§10 Liability
(1) Unlimited liability: We shall be liable without limitation for intent and gross negligence and in accordance with the German Product Liability Act. We are liable for slight negligence in the event of damage resulting from injury to life, limb and health of persons.
(2) Otherwise, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favor of our vicarious agents.
§11 Final provisions
(1) Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
(2) Contracts between us and you shall be governed exclusively by Austrian law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention").
(3) If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and you is Bregenz, Austria
