General Terms and Conditions
These General Terms and Conditions describe the framework conditions of business relations between ATELIER ALLURE and our customers.
Their aim is to create transparency and a common understanding upfront about the process of ordering, manufacturing and delivering your piece of jewelry and the associated rights and responsibilities that come with it.
So that your pleasure in your piece of jewelry is not marred by anything.
We look forward to making a beautiful and unique piece of jewelry for you!
1.1. For all business relationship concluded via the online shop www.atelierallure.com between
ATELIER ALLURE by THOMAS HAUSER
Feldgasse 16, Suite 10
1080 VIENNA I Austria
(hereinafter referred to as the “ATELIER ALLURE”) and the customer (hereinafter referred to as the “customer”) is exclusively governed by the following General Terms and Conditions in the version valid at the time of order placement.
1.2. The customer can contact in case of any questions, suggestions or complaints as following:
1.3. These General Terms and Conditions deem a consumer to be any natural person who completes a legal transaction for purposes that are not attributable to any professional activity of either a commercial or self-employed nature they engage in. (§ 1 KSCHG)
1.4. Neither the customer’s own terms and conditions nor any other terms and conditions that deviate from these General Terms and Conditions will be honored unless ATELIER ALLURE expressly consents, by written confirmation to the validity thereof.
2. Offers, service descriptions
2.1 The display of products in the online shop is to be equated with an invitation to place an order and not a legally binding offer.
ATELIER ALLURE offers the customer pieces of jewelry in the online store that are manufactured according to individual selection or determination by the customer according to customer specifications and tailored to the personal needs of the customer. The pieces of jewelry are not prefabricated and are manufactured only after order, confirmation of order acceptance and receipt of payment specifically for the customer.
2.2. Service descriptions included in catalogs or in printed materials as well as on the websites of ATELIER ALLURE are prepared under the aspects of highest possible care, but are not to be equated with either a promise or a guarantee. Errors excepted.
2.3. The images of the products offered may naturally show differences in color or in the “look and feel” of the material. With regard to the color tones, it is expressly pointed out that these depend on the respective screen setting. The highest priority has been given to ensuring that the illustrations are as faithful as possible to the original (e.g. by example photos); any guarantee in this respect is excluded by mutual agreement.
3. Order Process, Conclusion of the Contract
3.1. The customer is free to select the products of their choice from the product range of ATELIER ALLURE and gather them together in a so-called “basket” using the [Add to cart] button. The customer can then proceed to their basket and amend their selection as required, for example by removing a product from the basket.
3.2. Once they are happy with their selection the customer can proceed to the final step using the [Proceed to checkout] button to complete the ordering process.
3.3. When the customer clicks the [Place binding order] button they make a binding request to buy the goods currently in their basket.
In this step, the customer confirms that she/ he has read and agrees to these General Terms and Conditions of ATELIER ALLURE (incl. the information on cancellation policy by ticking the appropriate box.
Prior to order placement, the customer is able to view and amend their order data at any time and can also use their browser’s “Back” function to return to their basket or abort the order process. Essential entries are marked with an asterisk (*).
3.4. ATELIER ALLURE responds by emailing the customer an automatic confirmation of receipt; the email recapitulates the order placed by the customer and can be printed using the “Print” function (order confirmation). The automatic confirmation of receipt only documents the receipt of the customer’s order by ATELIER ALLURE and is not to be equated with acceptance of the application (confirmation of order acceptance).
ATELIER ALLURE reserves the right to decide freely whether to accept the application. A binding purchase contract is only deemed to be concluded if within 5 days ATELIER ALLURE confirmed the acceptance of the application by sending the customer an e-mail with the confirmation of order acceptance and the invoice (confirmation of order acceptance)
The contract will only be concluded for the goods which are available and listed in the confirmation of order acceptance and the invoice.
3.5. In the case of payment in advance, the contract is concluded with the provision of the bank details and request for payment sent with the confirmation of order acceptance and invoice by ATELIER ALLURE.
If, despite being due and despite the customer being sent a reminder, payment is not received by ATELIER ALLURE within 7 calendar days of the sending of the confirmation of order acceptance, ATELIER ALLURE reserves the right to withdraw from the contract thus rendering the order invalid and in turn freeing ATELIER ALLURE from their obligation to supply.
In this case, the client will be informed of the withdrawal of ATELIER ALLURE in writing within 5 days after the due date of payment.
At this point, the order is considered to have been brought to a conclusion with no further consequences for either the customer or ATELIER ALLURE.
4. Prices, Delivery Costs
4.1. All prices indicated on the website of ATELIER ALLURE are final prices. They include all price components including any applicable taxes such as VAT. Shipping costs are included in the final prices.
Only in the case of cross-border delivery may further taxes (e.g. in the case of an intra-Community purchase) and/or duties (e.g. customs duties) be incurred in individual cases, which are to be paid by the customer, to the customs or tax authorities responsible there.
4.2. Any changes (e.g.subsequent ring width changes) requested after the order has been processed and delivery has taken place will be charged separately by ATELIER ALLURE. The respective costs will be communicated to the customer in writing after the request. The shipping costs (and any taxes and duties) associated with the implementation of the change are to be borne by the customer.
5. Product Availability
5.1. ATELIER ALLURE offers the customer pieces of jewelry in the online store that are manufactured according to individual selection or determination by the customer according to customer specifications and tailored to the personal needs of the customer. The pieces of jewelry are not prefabricated and are manufactured only after order, confirmation of order acceptance and receipt of payment specifically for the customer.
The exact information regarding the availability of goods is displayed to the customer by means of a corresponding explanation for the respective product in the online shop.
5.2 If the ordered product is not available at the time of the order or is permanently no longer available e.g. due to changes in the product range, ATELIER ALLURE will – instead of sending the confirmation of order acceptance and the invoice – within 5 days inform the customer in writing and, if necessary, propose a comparable product.
This shall also apply if the ordered product is not available due to circumstances beyond the control of ATELIER ALLURE and through no fault of its own (e.g. non-availability of materials).
If no comparable product is available or if the customer does not want a comparable product, any payments already made by the customer will be refunded in full without delay.
In this case, a contract is not concluded.
5.3. In addition to the range of jewelry presented in the online store, requests for other individually designed and manufactured jewelry can be sent at any time to ATELIER ALLURE (email@example.com).
6. Delivery | Terms of Delivery
6.1 Delivery is made to the delivery address specified by the customer.
6.2. The delivery times depend on the respective product and are max. 4-6 weeks unless explicitly stated otherwise in the product description.
If advance payment has been agreed upon, the date of receipt of the invoice amount shall apply.
6.3. The delivery time valid for the order in question is stated in the confirmation of order acceptance and invoice sent to the customer.
6.4. Upon dispatch of the goods to the specified delivery address, ATELIER ALLURE shall provide the customer in writing (via e-mail) with all relevant delivery details (including carrier and tracking number, if applicable). If the customer authorizes the carrier to leave the parcel at a place indicated by the customer (for example, in front of the apartment door), the carrier will follow these instructions. Should the goods be lost or damaged after delivery, this will be at the expense of the customer.
7. Terms of Payment
7.1. The customer is free to select one of the available payment types during the order process.
The vendor reserves the right to exclude payment methods and only accepts prepayment and PayPal as payment methods.
7.2. For all payment methods, payment must be made exclusively in advance without deduction.
7.3. If third-party providers are commissioned to process the payment (e.g. PayPal) the general terms and conditions operated by those providers apply.
8. Retention of Title
ATELIER ALLURE retains the title of the goods supplied until such time as full payment has been made.
9. Product Warranty and Guarantee
9.1. ATELIER ALLURE offers a warranty for defects in the purchased goods as required under statutory regulations.
9.2. A guarantee only exists for the goods delivered by ATELIER ALLURE if this was expressly given during the ordering process / in the product description.
9.3 Every customer has the obligation to inspect all ordered goods completely upon their receipt. If a product is defective, a complaint must immediately be communicated to ATELIER ALLURE (firstname.lastname@example.org) in writing, including photographic documentation, otherwise the delivery is considered accepted. Defects are understood by both sides to be neither wear on nor damage to a shipment.
If the customer notifies ATELIER ALLURE of a damaged or defective product immediately upon its receipt, including photographic documentation of the damage, ATELIER ALLURE will contact the client and make the necessary arrangements with the customer to have the damaged or otherwise, defective product returned. ATELIER ALLURE shall then inspect the returned product in order to determine whether responsibility lies with ATELIER ALLURE or the customer.
If the damage/defect has been caused by ATELIER ALLURE, the product will be replaced by ATELIER ALLURE as quickly as possible. The new product shall then be shipped to the delivery address at the expense of ATELIER ALLURE.
If the damage/defect has been caused by the customer, the customer may make no claim with regard to the replacement.
10.1. The following exclusions and restrictions of liability in connection with the vendor’s liability for compensation apply irrespective of other statutory eligibility criteria.
10.2. ATELIER ALLURE is liable without restriction if damage was caused with willful intent or gross negligence.
10.3. ATELIER ALLURE is also liable for minor negligence leading to the violation of fundamental obligations whose violation jeopardizes the fulfillment of the contractual purpose and the violation of obligations whose fulfillment is a prerequisite for the proper performance of the contract and can normally be relied upon by the customer. In this case, the liability of ATELIER ALLURE is nevertheless restricted to foreseeable damage typical to the type of contract involved. ATELIER ALLURE is not liable for minor negligence leading to the violation of obligations other than those mentioned in the previous sentences.
10.4. The above restrictions of liability do not apply to damage to life, limb or health, defects identified after the acceptance of a guarantee regarding the nature of the product or defects kept secret with willful deceit. Liability under the Product Liability Act remains unaffected.
10.5. Insofar as the liability of ATELIER ALLURE is excluded or restricted, such exclusion and/or restriction also applies to the personal liability of employees, representatives and agents.
11. Revocation Policy (Withdrawal)
Information on exercising the right of withdrawal
When concluding a distance selling transaction consumers (see §1.3) generally have a statutory right of withdrawal about which ATELIER ALLURE informs them as follows in accordance with the statutory provisions:
You have the right to cancel this contract without giving reasons within a fourteen-day cancellation period that begins on the day on which you or a third party nominated by you (you cannot nominate the carrier) take(s) receipt of the goods.
In order to exercise your right of cancellation, you must notify us
ATELIER ALLURE by THOMAS HAUSER
Feldgasse 16, Suite 10
1080 VIENNA I Austria
of your decision to cancel this contract by means of an unequivocal declaration (e.g. in the form of a letter sent by post, a fax or an email). You will be deemed to have complied with the aforementioned cancellation period if your letter, fax or email notifying us of the use of your right of cancellation was sent prior to the expiry of the cancellation period.
Consequences of cancellation
If you cancel this contract we are required to pay back all payments we have received from you (including shipping costs but excluding additional costs incurred as a result of you selecting a different shipping option to the standard, lowest cost shipping option we offer) without delay and within a maximum period of fourteen days from the date on which we receive your letter, fax or email notifying us of the cancellation of the contract. Repayment occurs using the same payment type you used for the original transaction unless otherwise agreed with you; under no circumstances will you be charged any fees in connection with repayment.
ATELIER ALLURE will make the repayment only after receipt of the returned goods.
You are required to return the goods to us without delay and within a maximum period of fourteen days from the date on which you notify us of the cancellation of this contract. You will be deemed to have complied with the aforementioned returns period if you dispatch the goods before the expiry of the fourteen-day period.
Please return the goods in the original packaging with all accessories and with all packaging components. If this is not possible or the original packaging is no longer available, provide suitable packaging so that the goods are adequately protected from transport damage during return transport.
You are liable for the direct cost of returning the goods.
You are only liable for any depreciation in the value of the goods if such depreciation is attributable to the non-essential handling of the goods by you for purposes other than the verification of nature, properties and functionality thereof. Please avoid damage and contamination of the goods. Otherwise, a value replacement can be claimed in the event of a return.
12. Exclusion or Premature Expiry of the Right of Cancellation (special notice)
For goods that have been manufactured according to customer specifications or are clearly tailored to personal needs, there is no right of withdrawal. This also applies to goods whose price depends on fluctuations in the market that may occur within the withdrawal period and on which ATELIER ALLURE has no influence. (§ 18 FAGG)
This applies expressly to all pieces of jewelry in the online shop that are marked with the express note “non-refundable” (see the corresponding explanation for the respective product). This means that ATELIER ALLURE cannot accept returns for these pieces of jewelry unless there is an obvious production defect. In this case, please write us by e-mail to email@example.com.
13.1. ATELIER ALLURE bears the risk of damages during the delivery process. If goods will be delivered with obvious transport damages, the customer shall directly submit a complaint to the carrier and inform ATELIER ALLURE as soon as possible to give ATELIER ALLURE the possibility to claim from the carrier. It has no consequences for the statutory guarantee rights of the customer if the customer fails to submit a complaint to the carrier or doesn’t inform ATELIER ALLURE about the damages of the goods.
13.2. If the customer has determined the mode of shipment, the risk shall pass to the customer upon delivery to the carrier if the carrier was commissioned by the customer to carry the goods and that choice was not offered by ATELIER ALLURE.
14. Storage of the Contract itself
14.1. The customer is able to print out the contract with the aid of their browser’s print function during the last step of the order process (i.e. prior to placing their order with ATELIER ALLURE).
14.2. ATELIER ALLURE will also send the customer an order confirmation and in thereafter a confirmation of order acceptance containing all order data to the email address provided by the customer.
With sending the confirmation of order acceptance and the invoice the customer will receive a copy of the General Terms and Conditions, including cancellation policy and terms of delivery and payment.
ATELIER ALLURE attaches great importance to the protection of the personal data provided by the customer when using the ATELIER ALLURE online shop. ATELIER ALLURE will only collect, store and use this data in accordance with the applicable data protection regulations.
16. Place of Fulfillment, Place of Jurisdiction and Applicable Law
16.1. The language of the contract is German.
16.2. Contracts between ATELIER ALLURE and the Customer shall be governed by the laws of the Republic of Austria, to the exclusion of the UN Sales Convention and reference norms of international private law.
16.3. For all disputes arising out of or in connection with the contract concluded over the website www.karingroh.com including the question of its conclusion, the parties agree to Austrian jurisdiction.
Place of jurisdiction and place of fulfillment shall be the registered office of ATELIER ALLURE (Vienna).
16.4. European Commission consumer platform for Online Dispute Resolution (ODR): http://ec.europa.eu/consumers/odr/.
ATELIER ALLURE is neither willing nor obliged to participate in dispute resolution proceedings in front of a consumer arbitration board.
16.5. If any provision of these General Terms and Conditions is or becomes invalid, this shall not affect the validity of the remainder of the provisions. The invalid provision shall be replaced by the applicable statutory provision. This shall apply mutatis mutandis if any gap in these General Terms and Conditions needs to be filled.
17. Closing Remarks
The designs of the products (product design) offered on the online shop are the intellectual property of ATELIER ALLURE and are protected by copyright. This also applies to all content published on www.atelierallure.com (including, photos, graphics, texts, images, videos).
This content may only be used after consultation and with the express consent of ATELIER ALLURE.
For inquiries contact: firstname.lastname@example.org