Terms of service

General Terms and Conditions

for the online shop at www.charisma-zellamsee.at

(with customer/consumer information)

The following General Terms and Conditions also provide legal information about your rights under the provisions on distance contracts and electronic commerce, as well as other mandatory information for the benefit of consumers.

SCOPE, CONTRACTING PARTIES, AND DELIVERY RESTRICTIONS

These General Terms and Conditions apply to all orders placed on the online shop at www.charisma-zellamsee.at and the related contractual relationship. By placing your order, you accept the terms and conditions in effect at the time of placing the order.

The purchase contract is concluded with CHARISMA am Stadtplatz - Schernthaner Lumpi GmbH, Stadtplatz 6, 5700 Zell am See, Salzburg Land - Austria (hereinafter referred to as "we" or "Charisma").

The following delivery restrictions apply:

  • We only deliver to consumers. According to § 1 (1) KschG, a consumer is any natural person who enters into a legal transaction that is not related to their business.
  • We deliver to persons who have provided their ordinary place of residence (billing address) and delivery address in a European Union country or other countries. For details, especially for delivering cost please check our shipping policies.There is no minimum order value in our webshop.

ONLINE PURCHASE | CLICK & COLLECT

Online Purchase: You order online, and we deliver to your home or another delivery address you specify in Austria or within the EU (hereinafter "Online Purchase"). Click & Collect: You order online, pay in the online shop, and collect the goods at our store at Stadtplatz 6, 5700 Zell am See (hereinafter "Click & Collect").

OFFER AND CONTRACT FORMATION

The product presentations in the online shop do not constitute a binding sales offer but rather invite you to submit a purchase offer. By clicking the "order with obligation to pay" button, you place a binding order. Confirmation of receipt of the order is sent via an automated email. However, this does not constitute our acceptance of the contract. The purchase contract is concluded only when Charisma delivers the goods or confirms the conclusion of the contract by a separate order confirmation via email, regardless of the payment method.

PRICES, SHIPPING AND OTHER COSTS, INVOICE

The prices quoted include the statutory Austrian value-added tax. The prices in effect at the time of the order apply. The shipping costs are a one-time fee of €5.90 within Austria for orders up to €49. For orders of €50 and above, we offer free shipping within Austria.

The shipping cost to Germany is a one-time fee of €11.90.

Additional costs may arise depending on the payment method you choose, which are charged by you or third parties and over which we have no control (e.g., credit card fees, bank fees, especially for foreign accounts).

You are responsible for these costs and may need to reimburse us if applicable. We send invoices exclusively electronically as PDF documents.

PAYMENT, RETENTION OF TITLE

The following payment methods are generally available for the payment of the purchase price:

Advance payment: After placing your order, you will receive an email from us. This email will contain all the information necessary for making the advance payment. Once we have received your payment, we will arrange for the shipment of the goods. Your order will be reserved for you for 10 days and will be automatically deleted thereafter.

Payment by credit or debit card: Your card account will be charged with the invoice amount when the invoice is issued. We accept only Visa and Mastercard. Payments via your credit or debit card are processed through our payment partner Shopify Payments. After completing the

Payment via Paypal: When purchasing via PayPal, the amount will be charged to your PayPal account immediately upon receipt of the order. You must be registered and logged in as a customer with us. Additionally, you must be registered with PayPal or register there, authenticate yourself with your login credentials, and confirm the payment instruction to us. Further instructions will be provided during the ordering process on the website. The shipment of the goods will take place after the completion of the payment process [MW2]. Payment with PayPal is only possible online.

Until the complete payment of the invoice amount for a delivery (final and complete credit including incidental costs), we reserve the right to retain ownership of the goods.

VOUCHER

For each order and when the minimum order value is met [MW3] (according to the redemption conditions), only one voucher can be redeemed. If the minimum order value is not reached, the voucher will be reserved for you until the expiration date. Vouchers cannot be redeemed for cash or transferred to third parties.

DELIVERY AND TRANSFER OF RISK

The delivery of the goods to the agreed address is carried out in accordance with the statutory provisions. We exclusively ship your goods through Österreichische Post (Austrian Post). The delivery time is usually 2 to 6 working days in Austria and Germany.

Please note the respective information regarding the availability of the items during the ordering process. In the event of delivery delays, we will inform you.

Despite careful inventory management, it can happen that an item is sold out faster than anticipated.

It applies: Only while supplies last. The billing and delivery addresses do not have to be the same. We deliver to any desired address (except for a P.O. Box address). This is ideal if you want to give a gift or if you are difficult to reach at home. If we have sent the wrong product or if the shipment is incomplete, please inform us immediately by email at shop@charisma-zellamsee.at or by phone at: +43 6542 73551.

REVOCATION TERMS FOR CONSUMERS

Consumers have a statutory right of revocation when concluding a distance contract, which we inform you about according to the statutory template below.

Revocation Policy Delivery Method: Postal Service (Standard)

Right of Revocation

You have the right to revoke this contract within fourteen days without giving any reason.

The revocation period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, have taken possession of the goods.

To exercise your right of revocation, you must inform us, CHARISMA am Stadtplatz - Schernthaner Lumpi GmbH, owners Andreas Schernthaner and DI (FH) Claudia Lumpi, Stadtplatz 6, 5700 Zell am See, Austria, by means of a clear statement (e.g., a letter sent by post or email) of your decision to revoke this contract.

You may use the attached model revocation form for this purpose, although it is not mandatory.

To comply with the revocation period, it is sufficient for you to send the notification of exercising the right of revocation before the expiry of the revocation period.

Consequences of Revocation

If you revoke this contract, we shall reimburse you all payments that we have received from you, including delivery costs, without undue delay and no later than fourteen days from the day on which we receive the notification of your revocation of this contract. We will make the reimbursement using the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this reimbursement.

We may refuse reimbursement until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period.

You bear the direct costs 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 examining their condition, properties, and functionality.

End of Revocation Policy

 

We provide information regarding the sample withdrawal form in accordance with legal regulations as follows:

Sample Withdrawal Form

(If you wish to withdraw from the contract, please fill out this form and send it back)

To: CHARISMA am Stadtplatz - Schernthaner Lumpi GmbH | Owners: Andreas Schernthaner and DI (FH) Claudia Lumpi Stadtplatz 6, 5700 Zell am See

  • I/we () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods ()/the provision of the following service ()

  • Ordered on ()/received on ()

  • Name of the consumer(s)

  • Address of the consumer(s)

  • Consumer(s)' signature (only if communicated on paper)

  • Date

(*) Delete as applicable.

Regardless of the statutory right of withdrawal and the legally provided procedures, we offer you the option to return the goods in our store CHARISMA AM STADTPLATZ free of charge.

Exclusion or Premature Expiration of the Right of Withdrawal

The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is significant or that are clearly tailored to the personal needs of the consumer.

QUESTIONS AND CONSULTATION REGARDING YOUR ORDER OR DELIVERY

We are available on-site from Monday to Friday, from 9:00 am to 6:00 pm, and on Saturday from 9:00 am to 5:00 pm. You can also reach us by phone at +43 6542 73551.

We are happy to answer any questions related to an already concluded contract (order) or the processing of the contract (order processing) at +43 6542 73551.

You can also contact us via email at shop@charisma-zellamsee.at.

NATURE OF THE GOODS, CUSTOMER'S RIGHTS IN CASE OF DEFECTS, WARRANTY

The articles available in the online shop are subject to statutory warranty rights.

Your rights in case of material and legal defects are determined by statutory provisions, unless otherwise specified below. We are liable for damages exclusively as described in § 9.

Irrespective of the color representation on your end device (e.g., screen, display), there may be color variations between the colors of the goods displayed in the CHARISMA online shop and the actual colors of the goods. Such color variations do not constitute a defect in the goods.

In the event that you notice obvious damage to the packaging upon delivery, we kindly ask you to immediately notify the transport company and declare acceptance of the shipment "subject to reservation." We also request that you inform us by phone (+43 6542 73551) accordingly.

No claim under the warranty arises in cases of defects caused by the customer, including, but not limited to, the following:

  • Damages resulting from third-party intervention
  • Broken warranty seal
  • Improper handling
  • Mechanical damages
  • Misuse or unauthorized repair attempts by the owner or a third party

In addition to any statutory warranty claims you may have against us, you may have claims under manufacturer warranties. Whether or to what extent such claims exist, please refer to the documents provided by the manufacturer accompanying the product upon delivery.

LIABILITY FOR DAMAGES

We are liable for damages in accordance with the statutory provisions, unless otherwise specified below.

Liability towards the customer for damages arising from the use of products purchased online is excluded unless we or our legal representatives or vicarious agents can be attributed with intentional misconduct, willful intent, or gross negligence, and unless otherwise specified below.

Liability for damages resulting from the violation of life, body, or health remains unaffected by the aforementioned exclusions of liability. Likewise, any claims under the Product Liability Act are not affected.

DATA PROTECTION

The protection of your personal data is of particular concern to us. Therefore, we process your data exclusively in accordance with the legal provisions (GDPR, DSG2000, TKG 2003). In this data protection information, we inform you about the most important aspects of data processing within the scope of our website.

For more information on data protection, please click <here>[MW4]. You can view our cookie notices <here>[MW5].

CHOICE OF LAW AND JURISDICTION

These terms and conditions and the contractual relationship with you are subject to Austrian law, excluding the uniform law, in particular the UN Convention on Contracts for the International Sale of Goods. If, in the case of delivery to Germany, any legal provisions under German law are more favorable, these shall take precedence.

The statutory provisions apply to the choice of jurisdiction.

SEVERABILITY CLAUSE

The invalidity of individual provisions of these terms and conditions does not affect the validity of the remaining provisions of these terms and conditions. The contracting parties are obliged to agree on a new provision that comes closest to the purpose of the ineffective provision.

The headings of the provisions contained in these terms and conditions are for convenience only and may not be used for interpretation purposes.

Further Important Customer/Consumer Information

Technical steps leading to the conclusion of the contract; Correction of input errors

Online purchase and Click & Collect:

  1. Log in with your credentials.
  2. Once you have chosen a specific product, add it to your cart by clicking on the "Add to Cart" button.
  3. When you have completed your shopping, click on "Checkout" in the shopping cart.
  4. If you are not logged in yet, please enter your login details. If you wish to place an order as a guest, please enter the required information. Please review your data and orders and select your preferred payment method. Gift vouchers or coupon codes can be redeemed at the end of the ordering process.
  5. To complete the order, click on "Place Order."
  6. After successful payment, we will send an email confirming the order. However, this does not yet constitute acceptance of your purchase offer.

Storage of the contractual text and accessibility for the customer

Your order will be stored by us and can be accessed by you - if you are registered as a customer with us - through your password-protected user account. In your user account, you can view your order history.

Contract language

The conclusion of the contract is in the German language.

Alternative dispute resolution procedures and online dispute resolution platform

CHARISMA ZELL AM SEE acknowledges the Internet Ombudsman, Margaretenstr. 70/2/10, 1050 Vienna, www.ombudsmann.at, as an out-of-court mediator for the purpose of reaching an extrajudicial settlement (information and mediation procedure).

However, this acknowledgment does not apply to the formal arbitration procedure as described on the website www.ombudsmann.at, and CHARISMA ZELL AM SEE does not submit to the jurisdiction of the Internet Ombudsman or any other arbitration court.

The parties' right to pursue ordinary legal proceedings at any time remains unaffected.

The European Commission provides an online dispute resolution platform ("ODR platform") at the following link: https://ec.europa.eu/consumers/odr since February 15, 2016. CHARISMA ZELL AM SEE does not participate in dispute resolution proceedings before a consumer arbitration board.

Date: April 2023