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GENERAL BUSINESS CONDITIONS (GTC)

SECTION 1 SCOPE

  1. As of 1 January 2017, the business relationship between Julia Hafemann Handelsagentur and the customer will be governed exclusively by the following General Terms and Conditions, regardless of the means of communication used.

  2. The customer acknowledges the exclusive validity of the General Terms and Conditions of Julia Hafemann Handelsagentur for the entire business relationship. Julia Hafemann Handelsagentur does not accept deviating conditions of the customer, unless the management of Julia Hafemann Handelsagentur has expressly agreed to their validity in writing. If the customer CREAM-SHOP.EU by using the websites, CREAM-SHOP. AT, CREAM-STORE.COM, CREAM-STORE.DE, CREAM-STORE. AT in business relationship with Julia Hafemann Handelsagentur, he recognizes the GTC as the basis for the entire business relationship between the customer and Julia Hafemann Handelsagentur.

SECTION 2 CONTRACT CONCLUSION AND WITHDRAWAL

  1. The presentation of the products within the framework of the online shop represents a non-binding online catalogue and not a legally binding offer. By clicking on the button “Order subject to payment” you place a binding order of the goods contained in the shopping cart. Confirmation of receipt of the order follows immediately after the order has been sent by an automated e-mail and does not constitute acceptance of the contract. The acceptance of the contract will only take place when you receive an e-mail from us confirming the dispatch of the goods or the order. We can accept your order within two days.

  2. You can enter into the purchase agreement in German or English. Ordering and business language is also either German or English. We save the contract text and send you the order data by e-mail.

  3. If we can accept the offer or if certain products of the order are no longer available, we will inform you immediately.

  4. In the event of writing, printing and calculation errors on the website, Julia Hafemann Handelsagentur is entitled to withdraw from the contract.

  5. Our offers are valid as long as the stock lasts. If we are not supplied with the ordered goods, we are also entitled to withdraw from the contract. In this case, you will be informed immediately that the ordered products are not available. The purchase price already paid will be refunded within 14 business days (where Saturday does not count as working days). On request, it can be offset against other goods. We may refuse the refund until we have received the goods back or until you have provided us with proof that the goods have been returned, whichever is the earlier.

  6. The information on the conditions and consequences of the right of withdrawal is listed in the following revocation policy:

Cancellation

  1. You have the right to withdraw from this contract within 14 days without giving any reason. The statutory withdrawal period is 14 days from the day on which you or a third party, who is not a carrier, has taken possession of the goods or, in the case of partial deliveries, the last goods. In order to exercise your right of withdrawal, you must inform us (the Julia Hafemann Handelsagentur, Haller Straße 41 / OG, A-6020 Innsbruck, hello@cream-store.com, tel.: +43 (0) ) of your decision to withdraw from the contract by means of a clear statement (e.g. via e-mail). In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

  2. We point to the statutory right of withdrawal within 14 calendar days from receipt of the goods if a declaration is given. The revocation does not require any justification or binding form, so it can be done orally or in text form (e.g. as a letter or e-mail).

  3. Undercut the “Free Shipping” threshold: In the case of returns, we reserve the right to charge the shipping costs. For example, if the value of your order minus the return shipping costs falls below the shipping free shipping limit. Example: In Austria and Germany, shipping is free of charge from an order of 100 €. If you order two items in one order for €50 each and you return one of them, we reserve the right to return the €50 minus the shipping costs.

  4. The postage costs are to be borne by yourself, unless there is something else agreed with our Customer Service hello@cream-store.com. Please send the goods immediately and in any case no later than 14 days from the day on which you informed us of the revocation of this contract: CREAM-STORE.COM, Haller Straße 43 / OG, A-6020 Innsbruck The deadline is met if you send the goods before the expiry of the period of fourteen days.

  5. If you cannot return or give back to us the received service and usage (e.g. benefits of use) or only partially or only in a deteriorated condition, you must compensate us for value compensation in this respect. For the deterioration of the item and for drawn uses, you only have to pay compensation for value if the uses or the deterioration is due to a handling of the object that goes beyond the examination of the properties and the functioning. “Checking the properties and the functionality” means testing and testing of the respective goods, as is possible and common in the shop, for example. Unless the parties have agreed otherwise, the right of withdrawal does not exist in the case of the following contracts:

  • contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual choice for the purpose of the consumer is decisive or which are clearly tailored to the personal needs of the consumer,

  • contracts for the supply of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery;

  • contracts for the supply of goods if, on the basis of their nature, they have been inseparably mixed with other goods after delivery,

  • contracts for the supply of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery;

  • Contracts for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts.

  • Items that can be shipped by parcel must be returned at our risk. The customer bears the direct costs of the return shipment.

END OF THE EXPERIENCE

The place of fulfillment for business transactions is our company location.

Section 3 DELIVERY

    1. Delivery will be made to the delivery address specified by the customer, unless otherwise agreed.
    1. Delivery is made with different shipping service providers depending on the country. The individual delivery conditions and delivery costs are calculated individually in the shopping cart. If delivery to the customer is not possible because the customer is not found at the delivery address indicated by him, even though the delivery date has been announced to the customer with a reasonable period of time or the delivery address has not been specified correctly, the customer shall bear the costs for the unsuccessful delivery.
    1. The delivery takes place from stock, where the place of performance of the delivery takes place. With the handover to the customer, the danger passes to the customer.
    1. Julia Hafemann Handelsagentur is not responsible for delays in delivery and performance due to force majeure. Events of force majeure entitle Julia Hafemann Handelsagentur to postpone delivery for the duration of the hindrance and a reasonable start-up period or to withdraw from the contract in whole or in part because of the unfulfilled part. Force majeure is equivalent to strikes, natural disasters, war, blockades, bans on imports and other public intervention, whether they occur at Julia Hafemann Trade Agency or at a supplier of Julia Hafemann Trade Agency.
    1. We must notify the customer immediately of the occurrence of an event of force majeure that will hinder an imminent delivery.
  1. It is delivered worldwide, with special safety checks required for certain countries outside Europe before delivery can be carried out. This will then be clarified with the customer in advance.

SECTION 4 PAYMENT AND PAYMENT, DELAY

  1. All product prices of Julia Hafemann Handelsagentur are gross prices, include the statutory Austrian sales tax and are shown in euros. The prices are valid at the time of ordering including VAT, plus all expenses incurred with the shipment until revocation. Any customs tariffs incurred for shipment to Switzerland will not be covered by Julia Hafemann Handelsagentur. The clearing is in euros. In some countries, exchange rate differences may occur if payment is made in another currency. Julia Hafemann Trading Agency reckons with the exchange rates of the European Central Bank.

  2. For customers from countries outside the EU and Switzerland, Julia Hafemann Trade Agency deducts VAT. The customer is responsible for the collection of the country-specific import and sales tax and is not within the remit of Julia Hafemann Handelsagentur. Customs duties must be paid by the customer.

  3. The purchase price is due immediately with the order.

  4. Regardless of his country, the customer can pay the purchase price by advance payment or Paypal. Payment by cash on delivery is only possible within the European Union. In the case of cash on delivery, the applicable shipping fees will be charged at no extra charge. With the payment method Paypal, Julia Hafemann Handelsagentur stores the email address and delivery address stored with Paypal in order to be able to process the order. The customer has the option to request the tracking number at any time in order to be able to track his order.

Section 5 OFFSETTING, RETENTION

  1. The customer is only entitled to set-off if his counterclaims have been legally established or recognised by Julia Hafemann Handelsagentur. The customer is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

Section 6 RESERVATION OF OWNERSHIP

  1. Our deliveries and services are all subject to retention of title. This means that the delivered goods remain the property of Julia Hafemann Handelsagentur until all claims against the customer have been settled in full.

  2. If you buy from Julia Hafemann Handelsagentur as an entrepreneur in the exercise of your commercial or independent professional activity, as a legal entity under public law or as a special fund under public law, we reserve the title to the purchased item until all outstanding claims arising from the business relationship with the customer have been severed. The security rights are transferable to third parties.

  3. If your counterclaims are legally established or are undisputed or acknowledged by us, you have the right to set-off. You only have the right of retention if your counterclaim is based on the same contractual relationship.

  4. if a customer is in default with any payment obligations, all existing claims become due immediately.

SECTION 7 WARRANTY

  1. The warranty period is based on the statutory provisions. This is 2 years and starts from the date of receipt of the goods.

  2. Claims against Julia Hafemann Handelsagentur from a manufacturer’s warranty that at most exceeds warranty claims are excluded to the extent permitted by law. Claims arising from a manufacturer’s warranty are only available to the customer to the manufacturer who has agreed to the warranty.

  3. The warranty does not cover normal wear or tear due to use.

  4. If there is a defect of the purchased item for which Julia Hafemann Handelsagentur is responsible, Julia Hafemann Handelsagentur is entitled, at its own discretion, to rectify defects or to make a replacement delivery. If Julia Hafemann Handelsagentur is not or is not prepared or unable to rectify the defect/replacement delivery, or if this is delayed beyond reasonable deadlines for reasons for which Julia Hafemann Handelsagentur is responsible, or if the rectification of defects/replacement delivery fails in any other way, the customer is entitled, at his option, to withdraw from the contract or to demand a corresponding reduction in the purchase price.

  5. If a warranty case occurs in the case of a product purchased in the online shop, the customer can return the goods to the specified contact address. If it turns out that there is no warranty-related defect, Julia Hafemann Handelsagentur will charge the customer for the expenses incurred.

  6. Compensation for (defect) consequential damages, as well as other property damage, financial losses and damages of third parties against the customer, unless it is a consumer business, is excluded.

Section 8 HAFTUNG

  1. Further claims of the customer against Julia Hafemann Handelsagentur than the warranty claims stipulated in Section 7, in particular claims for damages, are excluded to the extent permitted by law. Julia Hafemann Handelsagentur is not liable for damages that have not arisen directly on the delivery item itself and in particular for loss of profit or for other financial losses of the customer. Insofar as the liability of Julia Hafemann Handelsagentur is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

  2. The limitation of liability pursuant to Section 8 (1) does not apply if the cause of the damage is based on intent or gross negligence or if there is personal injury.

  3. Julia Hafemann Handelsagentur is not liable for the fact that the services offered by its website are accessible without interruption or that stored data is preserved.

9 LINKS AND REFERENCES

  1. The links to external sites of third parties set by the Julia Hafemann Trade Agency provide a guide to these pages; they are therefore opened by means of external links in separate browser windows. Julia Hafemann Handelsagentur does not identify with the contents of these linked external sites and assumes no liability for them.

Section 10 OBLIGATIONS TO PROVIDE INFORMATION

  1. When ordering, the customer is obliged to provide truthful information. If the customer’s data changes, in particular the name, address, e-mail address, telephone number, the customer is obliged to notify Julia Hafemann Handelsagentur of this change immediately by changing the information. If the customer fails to provide this information or if he provides incorrect data, in particular an incorrect e-mail address, Julia Hafemann Handelsagentur may withdraw from the contract if a contract has been concluded.

SECTION 11 APPLICABLE LAW AND PLACE OF JURISDICTION

  1. Austrian law applies.

  2. Insofar as this is not precluded by mandatory legal provisions, all legal transactions between Julia Hafemann Handelsagentur and the customer shall be governed exclusively by Austrian law, excluding its reference standards and the UN Convention on Contracts for the International Sale of Goods.

  3. For consumers in accordance with Article 5 of the EVÜ, their national mandatory consumer protection regulations apply, unless the respective Austrian regulations are more favourable to the consumer.

  4. If the customer does not have a general place of jurisdiction in Germany, moves his domicile or habitual residence abroad after conclusion of the contract, or if his domicile or habitual residence is unknown at the time the action is brought, Then Innsbruck is the exclusive place of jurisdiction for all disputes directly or indirectly resulting from the contractual relationship.

  5. If the customer has his domicile or habitual residence in Germany or is employed in Germany, he may file an action against him under Sections 88, 89, 93 para. 2 and 104 sec.1 JN only the jurisdiction of the court in whose jurisdiction is the place of residence, habitual residence or place of employment. This does not apply to disputes that have already arisen. For possible legal disputes arose from the contract, the mandatory provisions of consumer law at the customer’s domicile also apply to the contractual relationship.

  6. Julia Hafemann Handelsagentur recognizes the Internet Ombudsman as an out-of-court dispute settlement: Internet Ombudsman Margaretenstr. 70/2/10A-1050 Vienna Austria http://www.ombudsmann.at

Section 12 DATA PROTECTION

  1. All data collected by us will only be used and processed within the framework of applicable data protection laws and in accordance with our data protection regulations.

Section 13 SEVERUS CLAUSE

  1. If individual provisions of this contract become ineffective or unenforceable or become ineffective or unenforceable after conclusion of the contract, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by enforceable and effective provisions the effects of which are closest to the economic objective pursued by the Parties with the invalid or unenforceable provision. The above provisions also comply in the event that the contract proves to be incomplete.

Contact

CREAM Store

Mentlgasse 12b

6020 Innsbruck

hello@cream-store.com

Last updated on 1.12. 2017

If you have any questions, please contact hello@cream-store.com

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