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GTC

General Terms and Conditions (GTC) for orders from www.maryrose.at

Date: April 2018

1. Preamble

MARY ROSE GmbH operates an online shop for their business that trades under the name of Mary Rose at 6850 Dornbirn, Schillerstrasse 4 and Studio Handels GmbH operates an online business for the TYRLER seit 1825 shop at 6020 Innsbruck, Marktplatz 1 (hereinafter “We/Us") at www.maryrose.at. These General Terms and Conditions (hereinafter referred to as GTCs) apply to all completed contractual relationships between you as the purchaser (hereinafter “Purchaser") and www.maryrose.at. Upon completion of the order process, the customer accepts the GTCs in their currently valid version. Any terms and conditions that are contrary to or deviate from the GTCs do not apply.

 

2. Important notes

The products on offer in our online shop are represented in the form of digital photographs and the specifications are listed in the accompanying text. The photos that appear in the online shop are only representational images.

We must point out that the products on offer in our online shop may no longer be available at the time of ordering. As soon as the customer places an order for an item in our online shop, we will inform the customer by e-mail about availability.

 

3. Contract completion

The products presented in the online shop do not constitute a legally-binding offer, but a non-binding online catalogue. When placing the order by clicking on the “Order with  payment” button, the customer is committing to a binding order for the products contained in the shopping cart at that time. The customer shall remain committed to this order for 5 working days, regardless of the right of withdrawal (see Section 7), which already exists for orders under consumer law.

After placing the order, the customer will receive an automated e-mail which will confirm receipt of the order. This confirmation does not represent an acceptance of the order by us, but merely serves to inform the customer.

We will accept or decline the offer within the period of 5 working days. When the dispatch confirmation is sent, we are formally accepting the offer. If we decline the order, the customer will be informed by e-mail. If the purchase price has already been paid, you will be refunded immediately.

If any details (delivery address, billing address, email address, etc.) change, the customer must inform us in good time. If the customer does not notify a change to these details or does not notify a change in good time, the dispatch shall continue to be made to the previously known address at the customer’s own risk. Any messages will continue to be sent to the known address.

 

4. Purchase price

The prices stated in the online shop shall apply. The prices quoted by us in the online shop are in euros and include the value added tax applicable in Austria and any charges, but will exclude shipping costs (delivery costs, customs duties, etc.).

Shipping costs and any similar delivery-specific costs are dependent on the product in question and the delivery address, which is why these details can be found with the more precise information in the online shop. The total costs will be made clear to the customer before the order is sent.

Special offers are non-binding. There is no right to claim the continuation of any special offers.

Wherever possible, the final price, which shall include the product price, including sales tax and any duties, plus the applicable shipping costs, will appear in the online shop immediately before the order is sent.

The customer may choose between the payment methods proposed in the order process and under the conditions specified therein.

 

5. Delivery & shipping

As a general rule, ordered products are dispatched or made available within three working days of receipt of the full purchase price or, depending on which is later, from contract completion. If a product cannot be shipped or made available within this time, for example, because it is not in our warehouse, the customer will be informed before the contract is completed. The delivery will then be made within the shipping period specified in the online shop.

To maintain equivalence with the shipping of products, the availability of the product for collection at the collection address is specified during the ordering process.

Once the product is shipped or made available, the customer will receive a shipping or availability confirmation e-mail. This confirmation will indicate the estimated delivery time.

Should unforeseen or unavoidable delivery delays occur, the customer will be informed by an e-mail indicating the expected delivery date.

In the event of the exercise of the contractual right of withdrawal (see Section 7 Right of withdrawal), the customer shall bear any immediate costs as well as the risks arising when returning the product.

The countries supplied by us can be found in the section "Delivery and collection options". If the desired destination country is not included in the list, the customer is free to enquire by contacting us in writing at Bitte aktivieren Sie Javascript um die E-Mail Adresse zu sehen. or at Bitte aktivieren Sie Javascript um die E-Mail Adresse zu sehen. .

For products that have not been collected or accepted, we reserve the right, in the case of goods returned if undeliverable, to charge the customer for any costs we incur. Failure to collect and a refusal to accept the product shall not be deemed a withdrawal from the contract, but entitle us to withdraw from the contract. Any additional cost incurred due to non-acceptance shall be deducted from the purchase price paid. The remainder of the purchase price will be refunded to the customer's known account.

 

6. Retention of title

If the customer has not paid the purchase price in full before taking possession of the product, the product remains our property until the full purchase price has been paid.

 

7. Return & right of withdrawal

For customers who order goods from our online shop as consumers (as defined by § 1 Austrian Consumer Protection Act/KschG), the following statutory right of withdrawal applies. Included in the relevant information, the consumer will find the legally required statements regarding the terms and conditions, the deadline dates and the procedure for exercising the right of withdrawal.

These customers have the right to cancel this contract within 14 days without giving reasons.

The withdrawal period shall be 14 days from the day on which the customer, or a third party named by him or her and who is not a carrier, has taken possession of the product. In the event that multiple products have been ordered as part of an order, but these are not delivered together, the period begins from the day on which the customer or a third party designated by him, who is not the carrier, takes the last delivered product into his or her possession.

In order to exercise the right of withdrawal, you must inform us, MARY ROSE GmbH, Hatlerstrasse 9a, 6850 Dornbirn, Bitte aktivieren Sie Javascript um die E-Mail Adresse zu sehen., +43 (0) 5572 268 58 or Studio Handels GmbH, Marktgraben 1, 6020 Innsbruck, Bitte aktivieren Sie Javascript um die E-Mail Adresse zu sehen., + 43 (0) 512 581968, by means of a clear statement (e.g. a letter sent by post, fax or e-mail) about the decision to revoke the contract.

To comply with the withdrawal period, it is sufficient that the notification to exercise the right of withdrawal must be sent before the expiry of the withdrawal period.

The full text of the relevant legal standard (Long-distance and foreign transactions/German = FAGG) as well as a sample withdrawal form can be obtained on the internet at the following address: https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20008847

If the contract is revoked, we will immediately refund the customer all the payments we have received, including the delivery costs (except for the additional costs that result from choosing a different type of delivery than the cheapest standard delivery we offer) and no later than 14 days from the date on which we receive the notification of the cancellation of this contract. For this refund we shall use the customer's known account that he or she used in the original transaction, unless agreed otherwise. Under no circumstances will a charge be made for this refund. If the details of the recipient specified in the order do not match the details of holder of the credit card used for the purchase, the refund of the purchase price will be made to whoever made the original payment.

A refund may be refused until we have received the goods back in faultless condition.

The customer must return the product to us immediately and in any event not later than 14 days from the date on which he informs us of the cancellation of this contract. The deadline is met if the customer dispatches the goods before the expiration of the 14-day period.

The costs as well as the risks arising when returning the product are to be borne by the customer.

The customer shall be liable for any diminished value to the product if this diminished value is due to a handling procedure unnecessary for the examination of the nature, characteristics and functioning of the product.

 

The right of withdrawal may be excluded under a special notification. This may be the case, in particular, but not exclusively, if the products ordered

  • are products that have been made to customer specifications or are clearly tailored to personal needs,
  • products that can quickly spoil or quickly go beyond their expiry date,
  • products which were supplied sealed and for reasons of public health or hygiene are not suitable for return, insofar as the sealing was removed after delivery,
  • sound or video recordings or computer software delivered in a sealed package, provided that the seal has been removed after delivery,
  • newspapers, periodicals or magazines, other than subscription contracts for the supply of such publications, or
  • the supply of digital content not stored on a physical medium.

 

In any case, the right of withdrawal for bed and bathroom articles, such as pillows, blankets, bed linen, fitted sheets, terry towels and the like, is excluded for hygienic reasons, if the goods had already been previously used.

Provided that the statutory right of withdrawal is not excluded, the customer is free to revoke the contract only in respect of single, specific, but jointly ordered or delivered products. In such a case, the contract will continue to exist for the other products.

If not all terms and conditions for the exercise of the right of return are met, you will be notified by us immediately.

 

8. Warranty & compensation

In the event of legal or material defects, the rights and claims of the customer shall be governed by the mandatory statutory warranty and compensation provisions that apply in Austria, unless otherwise stated in these GTCs.

The statutory warranty (§§ 922 ff Austrian Civil Code) deals with strict liability for defects that can in principle be claimed up to 2 years after delivery of the product. The condition of the product shall be determined by the product description in the online shop as well as by the relevant manufacturer’s information and instructions as supplied with the product.

The photos that appear in our online shop are only representational images. However, deviations in the appearance of the goods from the representative image of the item delivered cannot be regarded as a warranty claim.

Claims for damages by the customer can only arise if they are based on intent or gross negligence on our part; this does not apply to personal injury. Claims for damages in this case are limited in amount to the foreseeable damage that might occur in typical circumstances.

Data transfer over the internet can be subject to interference. We will therefore not assume any liability for the fact that our online shop is available without interruption. If there are links to external websites on our online shop, we assume no liability for them. We are not responsible for the content of external websites. We do not guarantee or assume any liability for the accuracy of the information contained on a third party website.

The statutory right of withdrawal and any rights arising from separately agreed guarantee declarations shall be unaffected by these provisions.

 

9. Copyright & trademark rights

Any content in our online shop such as text, graphics, logos, buttons, icons, pictures, videos, audios, downloads, etc. are our property and are subject to the provisions of Austrian and international copyright and trademark law. The above items may not be used in any form without our written consent.

 

10. Vouchers

You can buy our vouchers in the various shops as well as in the online shop. In the online shop, after placing the order, the Purchaser will receive the voucher downloaded as a link and it can then be printed out. The Purchaser will also receive an e-mail with the voucher as a separate electronic print-out. The Purchaser may choose from the proposed payment methods in the course of the order process and from the conditions specified therein.

The value of voucher shall be at least EUR 10.00. The voucher is not tied to the Purchaser and can be used by anyone. The voucher is freely transferable by the owner for private use, but any use by the commercial trade is prohibited.

The voucher cannot currently be redeemed in the online shop. The voucher, which was acquired via the Studio Handels GmbH for TYRLER seit 1825, is only redeemable in the TYRLER seit 1825 shop in 6020 Innsbruck. A voucher purchased at MARY ROSE GmbH is valid and redeemable only in the Mary Rose shop in 6850 Dornbirn.

The voucher entitles the holder to the cashless purchase in the shops of goods available at the time of redemption. Cash payments and reimbursements are not allowed.

The contract for the goods to be purchased with the voucher shall only be between the selected shop and the holder of the voucher to be redeemed. In the event of loss, theft or other damage that leads to the illegibility of the voucher, no replacement will be made. The vouchers cannot be returned or exchanged.

For Purchasers who are consumers as defined in §1 Para. 1 of the Austrian Consumer Protection Act (KSchG), the provisions in Section 7 (Right of withdrawal) apply.

 

11. Miscellaneous

Our data protection regulations apply and these are always available on our website in their current version and under (link). The Purchaser confirms that he or she has read and noted the data protection statement.

All disputes between the contracting parties shall be governed exclusively by Austrian law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG - UN Sales Convention).

The language of the contract is German.

For consumers, the statutory place of jurisdiction shall prevail.

The headings in these GTCs are for convenience only, and do not interpret, restrict or limit the individual provisions.

All agreements, subsequent changes to the agreements, additions, supplementary agreements, etc. must be in written form to be valid.

If one or more provisions of these GTCs are or become invalid in whole or in part or lose their validity later, this shall not affect the validity of the remaining provisions in these GTCs.

The customer confirms that he or she has received, read and understood the entire contents of the GTCs as well as all contract documents, in particular the purchase and delivery contract.

 

12. Contact

MARY ROSE GmbH
Hatlerstrasse 9a
A-6850 Dornbirn, Austria
Telephone +43 5572 26858
Bitte aktivieren Sie Javascript um die E-Mail Adresse zu sehen.

Studio Handels GmbH 
Marktgraben 1
A-6020 Innsbruck, Austria
Telephone +43 512 581968
Bitte aktivieren Sie Javascript um die E-Mail Adresse zu sehen.

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