Terms & Conditions

 

Terms & Conditions with customer information

(The following terms also include legal information on your rights under the provisions on distance contracts and e-commerce.)

1. Applicability
2. Description of offers and services
3. Order process and contract
4. Price and shipping
5. Delivery, product availability
6. Payment arrangements
7. Retention of title
8. Warranty for defects and warranty
9. Liability
10. Right of withdrawal
11. Excluding the right of withdrawal
12. Returns
13. Storage of contract
14. Privacy
15. Jurisdiction, Applicable Law, Contract Language

1. Applicability

1.1. The business relationship between Neophobica Shop – Carina Salchegger, Thaliastraße 134/20, 1160 Wien, AUSTRIA (hereinafter “Seller”) and the customer (hereinafter “Customer”) the following General Terms and Conditions are valid at the time of the order.
1.2. You can contact our customer service for questions and complaints on weekdays from 9:00 AM to 6:00 PM on the phone number +43 676 399 19 10 and by e-mail at info@neophobica.com.
1.3. Within these terms “Customer” is any natural person who enters into a transaction for a purpose that can neither be attributed to their commercial or independent professional activity (§ 13 BGB).
1.4. Differing conditions of the customer are not recognized, unless the seller agrees to their validity in writing.

2. Description of offers and services

2.1. The presentation of products in our online shop is not a legally binding offer but an invitation to place an order. Service descriptions in catalogs and on the websites of the seller do not have the character of a representation or warranty.
2.2. All offers are “while stocks last”, if not stated otherwise in the products. Incidentally errors excepted.

3. Order process and contract

3.1. The customer can choose products from the range of the seller without obligation and can collect these by clicking [ad to cart] in the so-called cart.
3.2 Then the customer can [Proceed to checkout] below within the shopping cart by clicking the button at the end of the ordering process.
3.3. By clicking the [Place Order] button the customer makes a binding offer to purchase the goods in the cart. Before submitting the order, the customer can view and change the data at any time. Required fields are marked with an asterisk (*).
3.4. The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and the customer can print via the “Print” function (order confirmation). The automatic acknowledgment of receipt only documents that the customer’s order has been received by the Seller and does not constitute acceptance of the order. The purchase contract is only concluded when the seller ships the ordered product within 2 days to the customer, confirms the shipping within 2 days with a second e-mail or  sends an order confirmation or invoice to the customer by e-mail.
3.5. Should the seller provide advance payment, the contract is accepted by the provision of banking information and payment. If the payment is not received in spite of maturity even after a second notice to a time of 10 calendar days after sending the order confirmation with the seller, the seller cancels the contract back with the result that the order has lapsed and the seller has no more delivery obligation. The order is then done for the buyer and seller with no other consequences. Therefore, a reservation of the article in advance payments are for a maximum of 10 calendar days.

4. Price and shipping

4.1. All prices that are listed on the merchant’s website, are exempt from VAT in accordance with the small business regulation.
4.2. In addition to the indicated prices the Seller charges for delivery shipping. The shipping costs are communicated to the buyer clearly on the delivery side and in the ordering process

5. Delivery, product availability

5.1. Where on the date of the customer’s order no copies of the selected product of it available, the seller shall notify the Customer of this in the order confirmation. If the product is permanently unavailable, the seller refrains from acceptance. A contract is not concluded in this case.
5.2. If the product designated by the customer is only temporarily unavailable, the seller informs the customer about this also immediately in the order confirmation. If delivery is delayed by more than two weeks, the customer has the right to cancel the contract. Incidentally, in this case the Seller is also entitled to withdraw from the contract. Hereby the seller may refund already made payments by the customer immediately. Unless advance payment is agreed, the delivery is made after the receipt of the payment.

6. Payment arrangements

6.1. The customer may under and before completing the ordering process choose from the available payment methods.
6.2. Is the payment by invoice, payment within [14 days] shall be made after receipt of the goods and the invoice. For all other forms of payment, prepayment shall be made without deduction.
6.3. Will third-party responsible for payment processing, for example, Paypal their terms apply.
6.4. If the due date of payment determined by the calendar, so the customer is already through observance of the event in default. In this case, the customer has to pay interest at the rate of 5 percentage points above the base rate.
6.5. The customer’s obligation to pay default interest, does not exclude the assertion of further damage caused by delay.
6.6. A right to offset the customer only if his counterclaims are legally established or recognized by the seller. The customer can only exercise a lien, if the claims from the same contractual relationship.

7. Retention of title

Until full payment the delivered goods remain the property of the seller.

8. Warranty for defects and warranty

8.1. The warranty shall be governed by statutory provisions.
8.2. A guarantee for the goods supplied by the seller only if it has been expressly stated.

9. Warranty

9.1. For the seller’s liability for damages without prejudice to other statutory entitlement requirements are the following exclusions or limitations.
9.2. The seller is fully liable if the damage is caused by intent or gross negligence.
9.3. Furthermore, the seller is liable for the negligent breach of obligations, which endangers the purpose of the contract, or for the violation of obligations, the fulfillment of which renders a correct execution of the contract and on whose observance the customer regularly relies. In this case, however, the seller is liable only for the foreseeable, typical damage. The seller is not liable for the negligent breach other than those mentioned in the preceding sentences obligations.
9.4. The above limitations shall not apply to injury to life, body and health, for a defect after assumption of a guarantee for the quality of the product and fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. If the liability of the seller is excluded or limited, this also applies to the personal liability of employees, representatives and agents.

10. Right of withdrawal

– Beginning of withdrawal policy for consumers –

Withdrawal only by explicit written declaration.

Each customer can withdraw within 14 days of receipt of goods, by sending a written notice of cancellation without explanation, from the concluded contract. There is sufficient if the cancellation is sent within this period (it decides the date of the posting form). The customer is obliged proven in this case for the immediate return of the goods. The return shipping costs (postage) are borne by the customer. If the goods are used and / or damaged, the customer has to pay an appropriate fee for the use including adequate compensation for the damage suffered – a maximum of the value of the goods – to the seller. The resignation must be sent to the following address:

Carina Salchegger
Thaliastraße 134/20
1160 Wien
AUSTRIA

info@neophobica.com

Withdrawal by simply returning the goods

The customer can exercise the right to withdraw  also by proven retourning the goods within 14 days of receipt.  For keeping the deadline in this case, returning the goods in time will suffice. A precondition for this form of exercising the right of withdrawal by the simple return of the goods is, that the goods are not damaged or used, and the returned goods will be sufficient postage. Exclusively at a wrong or defective delivery, the seller bears the return shipping costs (postage). The risk of returning and its detection is respectively the customer. In case of cancellation of the customer (by explicit declaration or simple return of the goods), the provider will refund the purchase price – shipping costs are not refundable.

– End of withdrawal policy for consumers –

11. Excluding the right of withdrawal

The right of withdrawal does not apply to the supply of goods that are produced according to customer specifications or clearly tailored to personal needs or for the delivery of audio or video recordings or software if the delivered data carriers have been unsealed by you.

12. Returns

12.1. Customers are asked before returning to report the return to the seller (info@neophobica.com). In this way, they allow the seller the fastest possible assignment of the products.
12.2. Customers are asked to send the goods as a prepaid package back to the seller and keep the mailing receipt. The seller will refund the customer to request in advance the cost of postage, unless they are borne by the buyer himself.
12.3. Customers are asked to avoid damage or contamination of the product. Goods should be sent with all accessories back to the seller as far as possible in their original packaging. If the original packaging is no longer owned by the vendor, another suitable package should be used to ensure adequate protection against damage in transit and to avoid any damage claims because of damage due to faulty packaging.
12.4. The in this section (no. 12) of terms and condition in question are not in accordance with requirements for the effective exercise of withdrawal No. 10 of these Conditions.

13. Storage of contract

13.1. The seller stores the contract text of the order. The terms and conditions are available online. The customer can print the agreement text before submitting the order to the seller by using the print function of their browser in the last step of the order.
13.2. The seller also sends the customer an order confirmation with all order data to the e-mail address provided by him. Furthermore, the customer will receive a copy of the Terms and Conditions with his order.

14. Privacy

14.1. The seller shall process personal data of the customer for appropriate purposes and according to legal regulations.
14.2. The for the purpose of ordering goods specified personal information (such as name, email address, address, payment data) are used by the seller for the processing of the contract. These data will be kept confidential and not disclosed to third parties who are not involved in the ordering, delivery and payment procedures.
14.3. The customer has the right to information free of charge to get over the personal data that have been stored by the seller about him. In addition, he has the right to correct inaccurate data, blocking and deletion of their personal data, insofar as there is no legal obligation to retain.
14.4. For more information about the type, scope, location and purpose of the collection, processing and use of personal data required by the seller can be found in the Privacy Policy.

15.  Jurisdiction, Applicable Law, Contract Language

15.1. Jurisdiction and performance is the location of the seller, if the buyer is a merchant, legal entity under public law or public law special fund.
15.2. The law of the Republic of Austria. This does not apply if mandatory consumer protection rules of such application would be contrary.
15.3. Contract language is German and English.