General terms and conditions
Webshop Petucci Interiors & Accessoires
- General
1.1. The following general terms and conditions (referred to as GTC as short form) apply to all legal transactions between Kaj Hensen, the owner of Petucci Interiors & Accessories, Leitenbergstrasse 17, 4820 Bad Ischl, (referred to as Seller as short form) as the operator of the webshop www.petucci.eu (referred to as Webshop as short form) and possible contractual partners of the Seller in the context of orders in the webshop (referred to as Customer as short form).
1.2. The deliveries and services of the Seller occur exclusively on the basis of this GTC being applied in its up-to-date version. Deviating terms and conditions from customers will only be accepted if they have been expressly and bindingly agreed in writing.
1.3. The Seller can change the GTC at any time. Existing customers will be informed accordingly. Consent to the amendment of the GTC will be deemed to have been given if the customer continues to enter into a contract with the Seller.
1.4. German is the contract language.
1.5. Insofar as this GTC prescribe the written form, this will generally be complied with by an email.
- Ordering process, offer, conclusion of contract
2.1. All information on goods and prices in the Webshop and in the framework of the Customer’s ordering process are non-binding.
2.2. The products offered in the Webshop do not constitute a legally binding offer. The Customer is hereby merely invited to submit an offer by placing an order.
2.3. Before an order is submitted, the registration data need to be entered as a guest (one-time order) or for registration in the Webshop (first name, last name, company (if applicable), street and house number, zip code, city, country, email address, telephone number, VAT ID (if applicable). After having registered for the first time, only a login is further required with email address and password. The Customer is obliged to fill in completely and truthfully the provided fields and particulars in the registration and order forms. An order is only possible when all mandatory fields contained in the entry/registration and order forms have been filled in. Upon placing an order, the Customer needs to select the desired goods including the number/quantity as well as the choice of the shipping method and the method of payment, whereby the respective pre-contractual information for consumers pursuant to § 5a of the Consumer Protection Law (“KSchG”) and § 4 FAMHP (“FAGG”) is disclosed. The information can be validated in the shopping cart. The Customer can only submit his offer via the order form of the Webshop. By clicking the button “Order with obligation to pay”, the Customer submits a binding offer to conclude a purchase contract for the goods contained in the shopping cart. By sending the offer, the pre-contractual information will be considered as having been provided and this GTC will be considered as having been agreed for the legal relationship with the Seller.
2.4. After sending the order, the customer receives an automatically generated order confirmation that the order has been received. This order confirmation does not yet constitute acceptance of the contract. It merely serves to inform the Customer that the order has been received by the Seller. The Customer is obliged to communicate obvious errors in the order confirmation as well as discrepancies between the order and the order confirmation expeditiously.
2.5. The purchase contract is only concluded with the announcement of acceptance and delivery. The purchase 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. If orders cannot be supplied, e.g. due to delivery problems of the supplier, the customers will be informed immediately. Payments already made will be refunded immediately.
2.8. Delivery to consumers takes place exclusively 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. A commercial resale of the goods by the Customer is not permitted.
- Right of revocation (right of withdrawal)
3.1. The Customer has the right to withdraw from this contract within fourteen days without giving reasons. The withdrawal deadline is fourteen days from the day on which the Customer or a third party attributable to him who is not the carrier, took possession of the goods.
To exercise the right of revocation, the Customer must inform the Seller to the following address by means of a written statement (by post or email) of your decision to withdraw from this contract.
Kaj Hensen
Owner Petucci Interiors & Accessoires
Weissenbach 95
4822 Bad Goisern
Email: info@petucci.eu
For that purpose, the Customer can use the attached cancellation form template (Appendix 1 of the GTC), which is not mandatory, though.
To comply with the revocation period and deadline, it suffices to send the notification of the exercise of the right of revocation before the expiry of the withdrawal deadline.
3.2. Should the Customer withdraw from this contract, the Seller will return to the Customer all payments received from him, including delivery costs (with the exception of the 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), immediately and at the latest within fourteen days from the day on which the notification of your withdrawal from this contract was received by the Seller.
The same means of payment you used for the original transaction will be used for this repayment, unless expressly agreed otherwise; in no case will fees be charged because of this repayment. The Seller can 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 send the goods back to the Seller immediately and in any case no later than fourteen days from the day on which the Customer informed the Seller of the revocation of this contract at the Seller’s address Kaj Hensen, Owner Petucci Interiors & Accessories, Weissenbach 95, 4822 Bad Goisern.
The deadline is considered met if the goods are dispatched before the expiry of the fourteen days period. The Customer will take over the direct costs for the returning of the goods.
The Customer is only liable for any diminished value of the goods if this loss in value of the goods is due to the handling other than what is necessary for to ascertain the quality, properties and functionality of the goods.
3.3. The customer forfeits his right of revocation if, in the case of sealed products (heat-sealed plastic packaging), the seal/plastic heat-sealing has been removed after delivery. This is in accordance with § 18 Abs. 1 Z 5 FAMHP for reasons of health protection and hygiene.
3.4. The right of revocation does not apply to goods that are manufactured according to customer specifications, that are clearly tailored to personal needs (such as engravings, size indications, etc.) or that are not suitable for return due to their nature.
- Terms of payment and delivery
4.1. The quoted prices are valid at the time of the order including value-added tax. Invoice settlement is to be done in euros. Only the methods of payment offered in the context of the order are accepted.
4.2. If separate shipping costs are charged in addition to the stated price of a product, then a corresponding note will be made during the ordering process. The shipping costs are calculated and listed during the ordering process and are to be borne by the Customer.
4.3. The Seller accepts the methods of payment mentioned on the website. If no other payment method has been agreed, the Customer undertakes to pay the purchase price in full upon conclusion of the contract. Payment is due immediately. The shipment of the goods takes place only after the amount has been credited to the bank account of the Seller. The specified credit card will be charged immediately after the order has been sent. The details of the credit card will not be stored in any form.
4.4. In the case of a delivery to a non-EEA country, the Customer will bear all import and export charges including any customs duties, fees and charges.
4.5. The Seller is obliged to perform only after the Customer has fulfilled all his obligations that are necessary for due execution. Unless agreed to the contrary, the Seller will dispatch the ordered goods within 6 weeks of receipt of payment. Any indications of delivery dates are non-binding. The non-observance of the delivery dates entitles the Customer in any case to exercise the right of withdrawal only if the Seller does not carry out the delivery in spite of setting a grace period of at least 2 weeks in writing. The delivery period will be extended by the duration of the hindrance due to all circumstances independent of the will of the parties, such as cases of force majeure, unforeseeable operational disruptions, official interventions, transport and customs clearance delays, transport damage, labour disputes. As far as partial deliveries are possible, they are also legally permissible. Each partial delivery will be considered an own transaction and can be invoiced separately by the Seller. The risk of accidental loss and accidental deterioration will be transferred to the Customer upon handover to the transport/delivery company commissioned with the delivery.
- Warranty / compensation / liability
5.1. The statutory regulations will apply to warranty claims.
5.2. In principle, the Seller is liable only for damage 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 damages, financial losses, savings not achieved, loss of interest and damage from third-party claims against the Customer is excluded, unless it was caused intentionally by the Seller or through gross negligence.
5.3. For damages due to improper handling and improper use of the goods, liability of the Seller will be excluded.
5.4. In this context, it should be pointed out that the majority of the goods on offer are made of solid wood. Corresponding traces of use can thus become visible, especially if animals bite on them. To avoid bite marks on the solid wood, the Seller recommends providing the animals with pieces of wood to bite (see also the information enclosed with the goods ordered).
- Retention of title and exclusion of set-off
6.1. The Seller retains ownership of the purchased goods until the purchase price has been fully paid; 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 the shipping costs. However, this prohibition of compensation will not apply in the event of the Seller’s insolvency or to such counterclaims that are legally related to the contract in question and that have been determined by a court or expressly accepted by the Seller.
- 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, name and image rights, trademarks and/or registered or unregistered design rights are protected against unauthorised use.
7.2. All news, graphics and the design of the website are solely for the personal information of the customer. The use is at your own risk. The reproduction, copying and printing of the entire website are allowed permitted only for the purpose of placing an order with the Seller as the operator of the virtual shop. Any use outside the selection and purchase of goods requires the prior written consent of the Seller or, if the respective rights do not lie with the Seller, then from the copyright holder. Any further processing, duplication, distribution and/or public reproduction exceed normal use and constitute a violation of copyright.
7.3. In the case of custom-made products or orders outside the existing range, the Seller assumes that the Customer has ascertained that the property rights of third parties do not exist. Should the Seller manufacture items based on drawings or original samples from a Customer, the Seller will not be liable for any rights, in particular any third party property rights. In the event of a third party right infringement, the customer undertakes to indemnify and hold the Seller harmless.
- Final provisions
8.1. The place of fulfilment is Bad Ischl, Austria.
8.2. Unless mandatory statutory provisions prevent this, Austrian law will expressly apply to this contract; the application of UN sales law is expressly excluded. The same applies to the place of jurisdiction in the event of disputes: The court of jurisdiction will be the competent court at the seller’s registered office.
8.3. Should individual provisions of this GTC be invalid or unenforceable, the validity of the remainder of this GTC will remain unaffected. In this case, the invalid or unenforceable provisions will be replaced by valid and enforceable provisions which come closest in legal and economic terms to the purpose of the provisions to be replaced.
8.4. This GTC is available at www.petucci.eu. Furthermore, this document can also be printed or saved. The Customer can also additionally archive the GTC as well as the order data by either downloading the GTC and by saving the data summarised on the last page of the order process in the Webshop by using the browser functions.
- Complaints / dispute resolution
For complaints, the customer service (email: www.petucci.eu) is available. The Seller does not participate in any alternative dispute resolution system. As far as out-of-court settlements of consumer disputes are concerned, the European Union has set up an online platform (ODR platform) The platform can be found at: http://ec.europa.eu/odr. The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
Appendix 1:
Revocation form
If you want to revoke the contract, then please fill out this form and send it back.
To:
Kaj Hensen
Owner Petucci Interiors & Accessoires
Weissenbach 95
4822 Bad Goisern
Email: info@petucci.eu
I hereby revoke the contract I concluded for the purchase of the following goods
Ordered on received on
Invoice number:
Reason for
Return of consignment:
Name:
Address:
Date: Signature:
(only required for communication on paper)
