1. Scope of Application
These terms and conditions apply to all orders placed and contracts concluded by customers via www.paperholic.at (hereinafter referred to as “PA”). Deviating arrangements are only valid if conducted in writing between PA and the customer. The contractual partner is Birgit Horn, Mayerweckstrasse 2-8/99/1, 1210 Vienna (hereinafter referred to as “supplier”).
2. Contract, Conclusion of Contracts and Explanations
In order to conclude a contract with PA, persons must be at least eighteen years of age and, at the time of contract conclusion, unimpaired in their business capacity. The customer’s order is an offer to the supplier to conclude a contract. The supplier confirms the offer receipt via e-mail or via written declaration within seven calendar days. This confirmation of receipt is not to be understood synonymous with the acceptance of the offer.
The acceptance of the offer by the supplier is made by the delivery of the goods or by supplier declarations. Declarations by the supplier can be sent to the specified customer e-mail address and are thereafter considered received. If the e-mail address has changed, the customer must notify the supplier immediately. If this is omitted by the customer, statements sent to the previous e-mail address are considered received.
3. Prices and Payment
The indicated prices for private costumers are final prices including 20% VAT (value added tax). Packaging and shipping will be displayed separately and will be added at checkout. The price stated by the customer at the time of order is decisive for accounting.
Payment takes place before delivery by means of the payment methods available in the Paperholic Shop. The customer is obliged to pay the invoice amount when ordering. Unless this happened, no sales transaction has been concluded.
4. Delivery, Packaging and Shipping
All items will be shipped promptly upon order completion, if available in stock.
If delivery is impossible due to exceptional circumstances, a duty of performance of the supplier is excluded. Already paid amounts are reimbursed by the supplier immediately. If a product is not available in stock, the customer will be informed via e-mail about the expected delivery time.
The supplier may refuse the service, insofar as it requires an effort which, taking into account the contract content and the requirements of good faith, is grossly disproportionate to the purchaser’s interest in fulfilling the purchase contract. Already paid amounts are reimbursed by the supplier immediately. If the delivery has been delayed or made impossible due to the fault of subcontractors, PA cannot be made responsible for this.
The shipping costs include the packaging. Shipping costs within Austria are offered at a fixed rate of € 5,40 for private customer packages with a maximum weight of 30 kg.
5. Right of Withdrawal and Return
Customers that are considered consumers within the meaning of the Austrian Consumer Protection Act (Konsumentenschutzgesetz, KSchG), can withdraw from a distance contract or distance contract declaration within fourteen calendar days after receipt of the ordered goods.
It is sufficient if the resignation is sent within the deadline without giving reasons as to why. Saturdays, Sundays and public holidays are included in the calculation of the deadline. However, at least seven working days (excluding Saturdays, Sundays and public holidays) will always be available within the time frame. In case of withdrawal, a total or partial refund of the purchase price will take place after the goods received by the customer have been sent back. The costs of the return are at the expense of the customer (according to § 5g par. 2 of the Austrian Consumer Protection Act, KSchG). The customer commits him- or herself to check the goods for any defects upon receipt and to inform PA immediately upon detection of such. If the customer omits to inform PA, the goods are considered accepted.
The goods must be returned in unused and sellable condition, as well as in the original packaging. For items that are affected by signs of use or whose packaging is damaged, PA will charge an appropriate fee for the impairment. The same applies if accessories or parts of the returned goods are missing. In the case of good’s total unsalability, PA is entitled to withhold the entire purchase price.
The return address:
Paperholic all ´bout paper, Sandfeld 9F, 2100 Stetten, Austria
6. Warranty and Indemnification
Provisions of the Austrian law apply, but the supplier’s liability for material damage is excluded in case of slight negligence.
7. Use of Data
By contract conclusion, the customer agrees that the supplier stores, processes and uses the personal data entered by the customer to execute the order. The data will not be passed on to third parties.
8. Place of Jurisdiction and Law
The contract is subject to Austrian law with the explicit exclusion of the United Nations Convention on Contracts for the International Sale of Goods. Jurisdiction is the headquarters of PA.
9. Severability Clause
Should individual clauses of the contract be ineffective or unenforceable or become ineffective or unenforceable after the conclusion of the contract, the validity of the remaining contract remains unaffected. The ineffective or unenforceable clauses shall be replaced by effective and enforceable ones, whose effects come closest to the economic purpose pursued by the contracting parties with the ineffective or unenforceable clauses. The foregoing clause shall apply in the event that the contract proves to be incomplete.
10. Convenience Translation
This translation has been added for information purposes. In the event of questions of interpretation, the German version remains representative.