Terms and conditions

Webshop Petucci Interiors & Accessories

1. General

1.1. The following General Terms and Conditions (in short referred to as GTC) apply to all legal transactions between Kaj Hensen, owner Petucci Interiors & Accessoires, Leitenbergstraße 17, 4820 Bad Ischl, (in short referred to as Seller) as operator of the webshop www.petucci.eu (in short referred to as Webshop) and possible contractual partners of the Seller in the context of orders in the webshop (in short referred to as Customer).

1.2. The deliveries and services of the seller are exclusively based on these general terms and conditions in the respective valid version. Other terms and conditions of customers shall only be accepted if they have been expressly and bindingly agreed to in writing.

1.3. The seller can change the terms and conditions at any time. Existing customers will be informed of this. Consent to the amendment of the GTC is deemed to have been given if the customer continues to contract with the seller.

1.4. Contractual language is German

1.5. Insofar as these GTC provide for the requirement of the written form, this shall generally be complied with by means of an e-mail.

 

2. Order process, offer, conclusion of contract

2.1. All information on goods and prices in the web shop as well as during the ordering process by the customer are non-binding.

2.2. The products offered in the webshop do not constitute a legally binding offer. The customer is merely being requested to submit an offer by placing an order.

2.3. Before an order is placed, the registration data must be entered as a guest (one-time order) or for registration in the webshop (first name, last name, company (if applicable), street and house no., postcode, city, country, e-mail address, telephone number, VAT ID (if applicable). After initial registration, only a login with e-mail address and password is required. The customer is obliged to fill in the fields or details provided in the registration and order forms completely and truthfully. An order is only possible if all mandatory fields contained in the registration and order forms are filled in. When placing an order, the selection of the desired goods including the number/quantity as well as the selection of the shipping method and the method of payment must be made, whereby the respective pre-contractual information for consumers pursuant to § 5a KSchG and § 4 FAGG is displayed. A review of the information is possible in the shopping cart. The customer can submit his offer exclusively via the order form of the webshop. By clicking the button “Order with obligation to pay”, the customer makes a binding offer to conclude a purchase contract for the goods contained in the shopping cart. By sending the offer, the pre-contractual information is deemed to have been provided and these GTC are deemed to have been agreed for the legal relationship with the seller.

2.4. After sending the order, the customer receives an automatically generated order confirmation about the receipt of the order. This order confirmation does not yet constitute acceptance of the contract. It only serves to inform the customer that the order has been received by the seller. The customer is obliged to notify us immediately of any obvious errors in the order confirmation and of any discrepancies between the order and the order confirmation.

2.5. The purchase contract is only concluded with the notification of acceptance and delivery. The sales contract is not saved by the seller. However, the customer can print out the declaration of acceptance together with the essential content of the contract.

2.6. The seller reserves the right to refuse orders without giving reasons.

2.7. Can orders e.g. cannot be provided due to delivery problems on the part of the supplier, the customers will be informed of this without delay. Payments already made will be refunded immediately.

2.8. Delivery is only made to consumers within Europe.

2.9 By placing the order, the customer assures that he or the recipient of the goods is older than 18 years.

2.10. Commercial resale of the goods by the customer is not permitted.

 

3. Right of revocation (right of withdrawal)

3.1. The customer has the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which the customer or a third party attributable to him who is not the carrier has taken possession of the goods.

 

In order to exercise the right of withdrawal, the customer must inform the seller by means of a written statement (by mail or email) of your decision to withdraw from this contract to the following address.

 

Kaj Hensen

Owner Petucci Interiors & Accessories

Weissenbach 95

4822 Bad Goisern

e-mail: info@petucci.eu

Phone. +43-(0)6604005415

 

The customer may use the attached sample cancellation form (Appendix 1 of the GTC) for this purpose, which is, however, not mandatory.

 

In order to comply with the revocation period, it is sufficient that the notification of the exercise of the right of revocation is sent before the expiry of the revocation period.

 

3.2. If the Customer cancels this contract, the Seller shall return to the Customer all payments received from the Customer, including delivery costs (with the exception of additional costs resulting from the fact that the Customer has chosen a type of delivery other than the cheapest standard delivery offered by the Seller), without undue delay and at the latest within fourteen days from the day on which the Seller receives notification of your cancellation of this contract.

 

For this repayment, the same means of payment will be used that you used for the original transaction, unless expressly agreed otherwise; in no case will fees be charged for this repayment. The seller may refuse repayment until he has received the goods back or until proof has been provided that the goods have been returned, whichever is the earlier.

 

The customer must return the goods to the seller at the seller’s address Kaj Hensen, owner Petucci Interiors & Accessoires, Weissenbach 95, 4822 Bad Goisern, without delay and in any case no later than within fourteen days from the day on which he informed the seller of the cancellation of this contract.

 

The time limit shall be deemed to have been observed if the goods are dispatched before the expiry of the fourteen-day period. The customer shall bear the direct costs of returning the goods.

 

The customer shall only be liable 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 testing the quality, characteristics and functioning of the goods.

3.3. The customer forfeits his right of withdrawal if, in the case of sealed products (sealed plastic packaging), the seal/the plastic seal has been removed after delivery. This results according to § 18 para. 1 Z 5 FAGG for reasons of health protection and hygiene.

3.4. The right of withdrawal does not apply to goods that are made to customer specifications, that are clearly tailored to personal needs (such as engravings, sizes, etc.) or that are not suitable for return due to their nature.

 

4. Terms of payment and delivery

4.1. The stated prices are valid at the time of the order including statutory value added tax. Settlement shall be made in euro. Only the methods of payment offered within the framework of the order are accepted.

4.2. If separate shipping costs are added to the stated price of an item, then a corresponding note is made during the ordering process. The shipping costs are calculated and quoted during the ordering process and are to be paid by the customer.

4.3. The seller accepts the payment methods mentioned on the website. If no other method of payment has been agreed, the customer undertakes to pay the purchase price in full upon conclusion of the contract. Payment is due immediately. Delivery of the goods will be made only after receipt of the amount on the bank account of the seller. The above listed credit cards will be charged when the order is dispatched. No credit card data of any form will be saved. The credit card data will not be stored in any form.

4.4. In the case of a delivery to a non-EEA country, the customer shall bear all import and export charges including any customs duties, fees and levies.

4.5. The seller is only obliged to perform the service as soon as the customer has fulfilled all his obligations which are necessary for the performance. Unless otherwise agreed, the seller will ship the ordered goods within 6 weeks after receipt of payment. Non-compliance with the delivery dates shall in any case only entitle the customer to assert the right of withdrawal if the seller does not carry out the delivery despite having set a period of grace of at least 2 weeks in writing. The delivery period shall be extended by the duration of the hindrance due to all circumstances beyond the control of the party, e.g. cases of force majeure (superior force), unforeseeable operational disruptions, official intervention, delay in transport and customs clearance, transport damage, rejects of important production parts and labour disputes. Insofar as partial deliveries are possible, they are also legally permissible. Each partial delivery shall be deemed to be a separate transaction and may be invoiced separately by the Seller. The risk of accidental loss and accidental deterioration shall pass to the transport/delivery company commissioned with the delivery upon handover.

 

5. Warranty / Compensation / Liability

5.1. The statutory provisions shall apply to warranty claims.

5.2. The seller is only liable for damages caused by intent or gross negligence. Liability for damages caused by slight negligence is excluded. This limitation of liability does not apply to personal injury. Compensation for consequential harm caused by a defect, pecuniary loss, savings not achieved, loss of interest and damage from third party claims against the customer is excluded, unless it was caused by the seller intentionally or through gross negligence.

5.3. The Seller shall not be liable for any damage due to improper handling and improper use of the goods.

5.4. In this context, it is pointed out that a large part of the goods offered is made of solid wood. As a result, corresponding signs of use may become visible, especially if animals bite on it. In order to avoid bite marks on the solid wood, the seller recommends to provide the animals with bite sticks (see also the information enclosed with the ordered goods).

 

6. Retention of title and offsetting prohibition

6.1. The seller retains ownership of the purchased goods until the purchase price has been paid in full; any transfer of the goods during the period of retention of title is expressly prohibited.

6.2. The customer is not entitled to offset claims against the seller with the purchase price or shipping costs. However, this prohibition of compensation shall not apply in the event of the Seller’s insolvency or to such counterclaims which are legally connected with the contract in question and which have been established by a court or expressly acknowledged by the Seller.

 

7. Intellectual property rights

7.1 The website operated by the Seller as well as its entire content, in particular texts, photos, images, graphics, prints, textile designs, films, presentations, sounds, illustrations and any software as well as all trademarks and/or designs are protected by industrial property rights, in particular copyrights, rights to names and images, trademarks and/or registered or unregistered design rights against unauthorised use.

7.2. All news, graphics and the design of the website is solely for the personal information of the customer. The use is at your own risk. The reproduction, copying and printing of the entire website is only permitted for the purpose of placing an order with the seller as the operator of the virtual shop. Any use outside of the selection and purchase of goods requires the prior written consent of the seller or, if the respective rights are not held by the seller, by the rights holder. Any further processing, duplication, distribution and/or public reproduction exceeds the normal use and constitutes an infringement of copyright.

7.3 In the case of custom-made products or orders outside the existing product range, the Seller assumes that the Customer has ascertained the non-existence of third-party property rights. If articles are manufactured by the seller according to drawings or original samples of a customer, the seller shall not be liable for any rights, in particular industrial property rights of third parties. The customer undertakes to indemnify and hold the seller harmless in the event of an infringement of the rights of third parties.

 

 

 

 

8. Final provisions

8.1. Place of performance is Bad Ischl, Austria.

8.2. Insofar as mandatory statutory provisions do not conflict with this, Austrian law shall expressly apply to this contract; the application of the UN Convention on Contracts for the International Sale of Goods is expressly excluded. The same applies to the place of jurisdiction in the event of disputes: The competent court shall be the court with subject-matter jurisdiction at the registered office of the Seller.

8.3. If any provision of these terms and conditions is invalid or unenforceable, the validity of the remainder of these terms and conditions shall not be affected. In such case, the invalid or unenforceable provisions shall be replaced by such valid and enforceable provisions as are legally and economically closest to the purpose of the provisions to be replaced.

8.4. These terms and conditions are available at www.petucci.eu. In addition, this document can be printed or saved. The customer can also additionally archive the general terms and conditions as well as the data of the order by either downloading the general terms and conditions and saving the data summarized on the last page of the order process in the Internet shop with the help of the functions of the browser.

 

9. Complaints/dispute resolution

In case of complaints, the customer service (email: www.petucci.eu) is at your disposal. The Seller does not participate in any alternative dispute resolution system. The European Union has set up an online platform (“ODR platform”) for the out-of-court settlement of consumer disputes. The platform can be found at: http://ec.europa.eu/odr The seller is not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

 

Appendix 1:

 

Cancellation form

If you want to cancel the contract, please fill out this form and send it back.

 

To:

Kaj Hensen

Owner Petucci Interiors & Accessories

Weissenbach 95

4822 Bad Goisern

e-mail: info@petucci.eu

 

I hereby revoke the contract I have concluded for the purchase of the following goods

 

Ordered on Received on

Invoice Number:

Reason for the

Return:

 

Name:

Address:

Date: Signature:

(only required for paper communication)