General Terms and Conditions of Business

General Terms and Conditions of Business

Beatrice Psota

Maria-Theresien-Weg 4

3041 Asperhofen

info@beatricefaye.com

+43 (0) 699 816 83 323

Contractual relationship and acceptance of General Terms and Conditions

The business transactions between the online shops operated by Beatrice Psota (hereinafter referred to as “Beatrice Faye“) and the purchaser of goods (hereinafter referred to as “Customer“) shall be governed exclusively by the following General Terms and Conditions of Business (hereinafter referred to as General Terms and Conditions), as amended at the time of the order, and by the conditions of delivery, shipment and packaging costs which constitute an integral part of these General Terms and Conditions and are downloadable from the webpage of Beatrice Faye under www.beatricefaye.com. Agreements that deviate from the said terms shall be valid only if made in writing.

These General Terms and Conditions of Business shall apply both to contracts between Beatrice Faye and consumers (hereinafter referred to as “B2C Contracts") and to contracts between Beatrice Faye and commercial enterprises (hereinafter referred to as “B2B Contracts“), unless any of the following provisions expressly refer to B2C Contracts or to B2B Contracts exclusively.

By sending off the order form, the Customer accepts the General Terms and Conditions, as amended at the time in question, as binding.

Registration, order details

2.1. To order the products of Beatrice Faye, Customers may register as such on the Beatrice Faye webpage.

2.2. To do so, all Customers must provide mandatory personal data, such as first name, surname, mailing address, e-mail address and a password.

2.3. Customers who do not register must enter their first name, surname, mailing address, email address, a password and an address for delivery when placing their order.

2.3. Customer data will not be made accessible to third parties. 

Placing of orders

The presentation of the merchandise in the Beatrice Faye online shop is non-binding and does not constitute a binding offer to conclude a contract. All offers are subject to change and may be modified without prior notification of the Customer.

The Customer is offered the possibility of submitting a binding purchase offer (order) via the shopping cart system in the Beatrice Faye online shop. The online shop of Beatrice Faye is available in the German and the English language. The Customer may deposit the items he/she intends to purchase ”in the shopping cart“ via the button. By clicking the relevant button in the navigation bar, the Customer will be able to call up the “shopping cart” to make changes there. After calling up the “Go to Checkout“ page and entering the invoicing address, the delivery address and the mode of payment, all customer data will once again be displayed on the order summary page. Before placing the order, the Customer will be able to recheck or alter his/her entries or cancel the purchase. By placing the order via the "Order with obligation to pay" button, the Customer submits a binding offer to the seller.

After the Customer has placed the order, the “B2C Contracts“ section will send off an acknowledgement of receipt including additional information pursuant to sec. 4 of the Federal Act on Distance and Off-Premises Transactions (Fern- und Auswärtsgeschäfte-Gesetz, FAGG) to the email address entered by the Customer. This information includes, among other things, instructions on cancellation, the cancellation form, instructions as to possible situations where the right of cancellation does not apply, the main characteristics of the merchandise, the total price of the merchandise, including all taxes and fees, the terms and conditions of payment, delivery and performance, statutory warranty rights and other information, where appropriate. Additionally, the aforementioned data will be stored in the Customer’s member account, provided he/she has previously registered as a member.

Orders placed in the “B2C Contracts“ section will only be accepted for household quantities.

Conclusion of contract, performance, retention of title

The contract between the Customer and Beatrice Faye shall take effect upon confirmation of delivery of the goods by Beatrice Faye and delivery of the acceptance of the purchase order submitted by the Customer pursuant to Item 3.2. hereof to the email address provided by the Customer.

Beatrice Faye shall be entitled to refuse to accept offers without being obliged to give any reasons for doing so, and to cancel the contract in the event of unforeseeable difficulties of delivery the reasons for which lie outside the sphere of influence of Beatrice Faye.

Offers shall be valid while stocks last. Should the stock be exhausted, the Customer will be notified via email.

Deliveries shall be effected against payment of the delivery and shipping costs, as calculated in accordance with the tariffs set out on the Beatrice Faye webpage in connection with the conditions of delivery, shipment and packaging costs.

Beatrice Faye shall retain title to the merchandise delivered until the purchase price and, if applicable, the costs of delivery, shipment and packaging have been paid in full.

Terms of payment

5.1 The purchase price shall be due for payment as soon as the order has been accepted. All prices shall be understood to be net prices. Beatrice Faye is exempt from VAT without input tax relief (unecht umsatzsteuerbefreit) pursuant to sec. 6 para. 1 lit 27. For merchandise sent to destinations in Austria, an additional cash on delivery fee, the amount of which will depend on the weight of the goods delivered, will be charged as part of the costs of delivery and shipment shown on the order page. Customers in foreign countries must expect increased postage, delivery, shipping and packaging costs. These will be charged in accordance with the weight of the goods and the distance of the delivery address and will be automatically calculated and shown during the payment process.

5.2 The payment methods offered are cash on pickup, payment by credit card, advance payment by bank transfer into the account specified under 5.3. and payment using PayPal. For credit card payments, encryption will be used to ensure the security of the electronic transfer of payment information.

5.3 Payment in advance shall be made into the following account:

Raiffeisenbank Wienerwald

IBAN: AT11 3266 7000 0071 5805

BIC: RLNWATWWPRB

5.4. For credit card payments, the date of the payment transaction shall be the date on which the collection account is submitted by the relevant credit card company. These submissions always take place at the end of a month for the month preceding the one that has just ended (i.e., end of May for purchases made during the month of April). The possibility of making payments by direct debit will not be provided. In case of payment by debit card (“EC-Karte“) and PayPal, the date of payment shall be the date of receipt of payment in the business account of Beatrice Faye.

5.5. In case of justified cancellation by a Customer – but not if such customer is a commercial enterprise – pursuant to Item 15., any payments made pursuant to Item 4.1. that have been received on the business account of Beatrice Faye shall be re-transferred to an account named by the Customer within a reasonable period of time.

Delivery, Assumption of risk

Unless otherwise agreed, the goods shall be delivered to the address specified by the Customer. If no particular address for delivery has been specified, the Customer’s address shall be deemed to be the valid address for delivery.

The period of delivery will generally depend on the mail and on external deliverers and will – unless otherwise notified or agreed in writing in individual cases – amount to approximately 10 to 12 days after the placing of the order. In cases where the customer has elected to pay in advance, delivery shall only be effected after the full purchase price has been paid by the Customer. If, for any reason, the proposed date of delivery cannot be complied with, the Customer will be notified and the expected new delivery date will be announced. In cases where the Customer has signified his/her intention of cancelling the contract due to such delay (by a written notification), payments already made, if any, shall be reimbursed to the Customer immediately.

In case of shipping, the Customer expressly approves the usual methods of transporting the merchandise ordered, such as, for instance, post, railway, aeroplane, ship, private courier services and delivery services such as DHL, etc.

For products ordered from the B2B Contracts section, the risk shall pass to the Customer upon dispatch of the goods (that is to say, upon handing over of the goods to the delivery service/transport service provider) by Beatrice Faye. For products ordered from the B2C Contracts section, the risk shall remain with Beatrice Faye until delivery of the goods to the Customer.

Insignificant alterations of performance

Alterations of performance that are insignificant and or otherwise reasonably acceptable to the Customer - provided the Customer is an entrepreneur under commercial law – of our performance and/or delivery obligations shall be deemed to have been approved in advance, provided they involve no more than the quantity or quality tolerances that are customary in the trade.

Liability for defects

In case of defects in the goods supplied by us, the relevant statutory provisions on the rights of the purchaser in case of defects shall apply.

. If the Customer is not a consumer, but an entrepreneur under commercial law, the Customer shall be obliged to notify us of visible defects immediately upon receipt of the goods. Any right of recourse pursuant to sec. 933b of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch, ABGB) (dealer regress) shall be excluded.

The colours of the goods shown on the webpage of Beatrice Faye may vary due to different colorations used by the computer system; such differences in colour due to technical factors do not constitute defects.

Limitation of liability

To the extent that Beatrice Faye can be held responsible according to the above provisions and/or to mandatory law, Beatrice Faye shall be liable for damage to property or financial loss only in case of intent or gross negligence.

The limitation of liability of paragraph 9.1 shall not apply in cases where defects are deliberately concealed by Beatrice Faye or where Beatrice Faye has given a guarantee for the qualities of the merchandise. The same shall apply with regard to claims under the product liability act (Produkthaftungsgesetz).

9.3 Liability for slight negligence shall only apply in case of damage due to injury to life, limb or health, or in case of the violation of a material contractual obligation. A material contractual obligation is an obligation without the performance of which the contract could not be completed, and compliance with which the other contractual party usually relies on and is entitled to rely on. In case of the violation of a material contractual obligation due to negligence, liability shall be limited to typical and foreseeable damage.

9.4. To the extent that the webpage of Beatrice Faye offers possibilities of redirection to third-party databases, websites, services etc. by providing links or hyperlinks, Beatrice Faye accepts no liability for the accessibility, continued existence or safety of such databases or services or their content. In particular, Beatrice Faye accepts no liability for their legality, accuracy, completeness and timeliness.

Privacy & security

Customers‘ personal data shall only be collected, processed and used within the scope of the relevant statutory provisions on data protection and only to the extent that such collection, processing and use is necessary for establishing, determining the content of or altering the contract. They will be used solely for the purposes of the transaction with the Customer and for marketing purposes of Beatrice Faye (dunning management, customer records, current information). The data disclosed to Beatrice Faye by the customer will be stored electronically for these purposes, but will not be shared with third parties. If the Customer is a consumer, Beatrice Faye will provide information concerning his/her personal data stored at any time without charge, and, at the Customer’s request, delete or correct such data or block them for marketing and advertising purposes.

The Customer shall be entitled at any time to request information, correction, blocking and, if necessary, deletion of his/her stored data, without charge. Customers wishing to do so are advised to contact Beatrice Faye via info@beatricefaye.com or by post or fax.

To simplify the shopping process and the subsequent processing of contracts, the web page makes use of cookies. Cookies include text files that are deposited on the Customer‘s computer and stored on the Customer’s browser. Most of the cookies used on the web page are so-called ”session cookies“. Session cookies will be deleted automatically upon termination of the Customer’s visit to the web page. Cookies, with the exception of session cookies, will stay on the Customer‘s computer and serve to facilitate use by saving certain entries which, consequently, will not need to be re-entered. The Customer may block cookies. To do so, the Customer’s browser must be set so as to ensure that all types of cookies are blocked, or that cookies will only be accepted from websites that are actually being visited. It is the Customer’s responsibility to select the appropriate settings on his/her browser. Please note that if the Customer decides to block all cookies, certain areas of the web page may no longer be accessible.

The web page of Beatrice Faye uses social plugins of the social network facebook.com, which is operated by Facebook Inc., 1601 South Carolina Avenue, Palo Alto, CA 94304 USA (Facebook). On the web page, the plug-ins are marked by a black letter ”f“.

If the Customer visits the web page of Beatrice Faye and clicks on the plug-in, a direct connection will be established between the Customer’s browser and the Facebook server. As a result, the content of the plug-in will be transmitted to the Customer’s browser, and the latter will be integrated into the website shown. In this way, Facebook will be informed that the Customer has called up the web page of Beatrice Faye.

If the Customer is registered on Facebook and logged into his/her Facebook account while visiting the web page of Beatrice Faye, Facebook will be able to correlate the visit to the site with the Customer’s account. By interacting with the plug-ins, e.g. by clicking on the “Like“ button or by leaving a comment, the corresponding information will be transmitted directly to Facebook and stored there.

Should the Customer wish to prevent such transmission of data, he/she is advised to log out of Facebook before visiting the web page of Beatrice Faye.

Beatrice Faye has no influence on the scope and content of the data collected by Facebook via the plug-in. The purpose and scope of data collection by Facebook and the further processing and use of the Customer‘s data that will take place there, as well as his/her rights and settings options to protect his/her privacy may be retrieved under the following link:  https://www.facebook.com/policy.php

Third-party content, intellectual property

11.1 Beatrice Faye reserves all copyrights and other intellectual property rights to the web page, including its layout, software and content.

11.2. The Customer undertakes to refrain from taking any measures likely to threaten or disturb the functioning of the web page, and from accessing data that he/she is not entitled to access.

Assignment and set-off

12.1. The Customer is not entitled to transfer his/her rights under the contracts concluded with Beatrice Faye to third parties, either entirely or partially.

12.2. Only Customers with undisputed, final and absolute claims, or those with counterclaims against Beatrice Faye’s claim to payment shall be entitled to set off against Beatrice Faye’s claims.

Governing law

The contract shall be governed exclusively by Austrian law, not including its conflict of laws clauses and the provisions of the UN sales Convention. However, contracts with consumers residing abroad shall be governed by the laws of the Customer’s country of residence if these are more favourable to the consumer than the provisions of Austrian law.

For B2B Contracts, the court in the Inner City of Vienna (Wien-Innere Stadt) having subject matter jurisdiction shall have sole jurisdiction. For B2C Contracts, the following shall apply: consumers who have their residence, habitual abode or place of work in Austria may be sued either at their place of residence, the place of their habitual abode or their place of work. Consumers residing outside of Austria, but within the EU may only be sued at their place of residence. Consumers have standing to sue before any competent court.

Severability

If one or more of the provisions of these General Terms and Conditions are or become invalid, ineffective or unenforceable, both the contract as such and the other valid provisions of these General Terms and Conditions shall remain in force. To replace the invalid, ineffective or unenforceable provision, Beatrice Faye shall negotiate another provision with the Customer that realises the economic purpose of the provision to be replaced to the greatest extent permitted by the law. This shall not apply to contracts with consumers if the invalid, ineffective or unenforceable provision concerns a cardinal obligation.

15.  Cancellation of orders

15.1. The following instructions concerning cancellation apply only to consumers, i.e., to persons for whom the transaction in question is not part of his/her trade, business or profession.

15.2. The right to cancel shall not apply to contracts for the supply of sealed goods that, for reasons of health or hygiene, are no longer eligible for return after the seal has been broken.

15.3. The right to cancel shall not apply to contracts for the supply of goods that have been produced according to customer specifications or obviously tailored to individual needs.

Instructions on the right to cancel

Right to cancel

You are entitled to cancel this contract within 14 days, without being obliged to give any reason for doing so.

The cancellation period is 14 days, calculated as from the day on which you, or a third party nominated by you who is not the forwarding agent, have (has) taken possession of the goods.

To exercise your right of cancellation, you must inform me,

Beatrice Psota

Maria-Theresien-Weg 4

3041 Asperhofen

info@beatricefaye.com

+43 (0) 699 816 83 323

 of your intention of cancelling this contract by sending a clear and unequivocal declaration (e.g. by a letter sent by post, by fax or by email). You may use the attached standard cancellation form*; however, its use is not mandatory.

To comply with the cancellation deadline, it will be sufficient if you send off the notification of your intention to cancel the contract before the expiry of the cancellation period.

Consequences of cancellation

If you cancel this contract, we will be obliged to return all the payments that we have received from you, including costs of delivery (with the exception of additional costs resulting from your having chosen a different manner of delivery from the cheapest standard delivery offered by us), immediately and, at any rate, no later than within 14 days of the day on which we have received the notification of your intention to cancel this contract. For such repayments, we will use the same means of payment used by you during the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged for such repayment.

We are entitled to refuse repayment until we have received the returned goods or until you have provided evidence that you have sent them back, depending on which of these events occurs first.

You are obliged to send or hand back the goods immediately, but in any case no later than within 14 days of the day on which you have notified us of your intention to cancel this contract. This deadline shall be deemed to have been complied with if you are able to prove that you have sent off the goods before the expiry of the 14-day period

The direct costs of returning the goods shall be borne by you.

End of instructions on cancellation

*Standard cancellation form

(If you wish to cancel the contract, please complete this form and send it back)

To

[Please enter contact information]

I/we(*) hereby cancel the contract for the purchase of the following goods/the performance of the following services (*) concluded with me/us(*)

Ordered on (*)/received on (*)

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only in case of submission of a paper form)

Date

*Delete as applicable