General Terms and Conditions (GTC)
1. User
As a user of these GTC is valid:
Valerie Isabelle Wallner e.U.
Egethen 1
6844 Altach
Austria
UID: ATU75184989
E-mail: office@fairschenkt.at
2 Scope of application
These General Terms and Conditions shall apply to all legal transactions between the User and a consumer (pursuant to Section 13 of the German Civil Code, a “natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity”).
3 Conclusion of contract and storage of the contract text
The provisions of these GTC apply to orders that consumers conclude via the website www.fairschenkt.at.
The contract is concluded with the user (see § 1).
The presentation and description of the goods on the website of the fairschenkt store https://fairschenkt.at does not constitute a contract offer.
By ordering goods by clicking on the checkbox “I have read and accepted the terms and conditions” at the end of the ordering process, a consumer makes a binding offer to conclude a purchase contract. The contract is not concluded until the user sends an order confirmation by e-mail.
The text of the contract is stored for orders. Consumers receive an e-mail with the order data and the applicable GTC. After conclusion of the contract, the order data can no longer be viewed online.
4 Payment
The legal sales tax as well as other price components are included in the indicated prices – except for countries outside the EU. Shipping costs are not included in the displayed price and may be additional.
Consumers have the following payment options:
Mollie (Sofortüberweisung, Klarna Pay Now, Klarna Pay Later, Apple Pay, EPS, credit card/debit card).
PayPal
Vouchers
The vouchers offered on the website and the prices indicated are inclusive of any statutory VAT. After receipt of payment of the fee owed based on the concluded purchase contract, the purchased vouchers will be sent via email within 24 hours. The purchased vouchers are sent via e-mail and can be printed out by the customer. If the voucher ordered online has already been sent to the customer before the payment to be made for it has been received or credited by fairschenkt, the voucher shall not be valid until full payment has been made and fairschenkt.at shall be entitled to withhold the services documented in the voucher until the payment owed for it has been made in full. In the case of online vouchers, it should be noted that these are transmitted to the customer with a tamper-proof code. Since the customer can print out the voucher himself, several prints are possible, but only one print is value-relevant and redeemable. The first voucher redeemed in our system with the corresponding barcode is considered the original. When redeeming a voucher, we only check whether the corresponding barcode has really been released by the system and whether the corresponding voucher has really been paid for. Lost vouchers will not be replaced. Also, vouchers cannot be returned for cash value payment. Should fairschenkt close for any reason, the online vouchers expire without compensation.
Vouchers are redeemable upon prior request and availability and are valid for three years from the date of issue stated on the voucher. A voucher may be extended by prior arrangement. Each voucher can be redeemed only once, which is ensured by a barcode or voucher number associated with the voucher.
Cash redemption of the voucher or the value evidenced by it is not possible. The issuance of a VAT-compliant invoice with corresponding proof of taxation can only take place at the time of the redemption of the voucher and thus the actual provision of services.
5 Delivery, delivery restrictions
Unless the description of a selected product explicitly states otherwise, delivery shall be made within 10 working days.
In the case of payment via bank transfer or Paypal, this period begins to run on the day after the payment order is issued.
The customer enters his data during the ordering process and must ensure their accuracy even without an explicit agreement. Errors such as an incomplete address due to incorrect information, he therefore has to represent. Likewise, the customer must bear the costs incurred in the event of an unwanted return and request for redelivery.
6 Right of revocation
You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.
To exercise your right of withdrawal, you must contact us at:
office@fairschenkt.at
or by mail to: fairschenkt e.U., Egethen 1, 6844 Altach, Austria
by means of a clear declaration (e.g. a letter or e-mail sent by post) about your decision to revoke this contract. For this purpose, you may use the enclosed sample withdrawal form, which is, however, not mandatory.
You can also use the contact form as a withdrawal form or another clear statement on our website
www.fairschenkt.at/kontakt
electronically and submit it. If you make use of this option, we will send you a confirmation of receipt of such revocation without delay (e.g. by e-mail). To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, excluding any delivery costs incurred, without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
The deadline is met if you send the goods before the deadline of fourteen days.
You shall bear the direct costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
7 Transfer of risk
The risk of accidental deterioration or accidental loss of the goods shall remain with the user until the goods are handed over and shall pass to the consumer upon handover.
8 Retention of title
The User shall retain title to the goods until the purchase price has been received in full.
9 Warranty
The statutory warranty provisions shall apply to customers in the event of defects in the goods, unless otherwise agreed with entrepreneurs in the following. There is no case of warranty for damages caused by improper use or handling of the product. The same applies to normal wear and tear.
The product images on the website and/or in our brochures may differ in color and size from the appearance of the delivered products due to the resolution and size. The delivered goods are considered to be in accordance with the contract if the delivered pieces correspond to the other product specification.
If the customer is a consumer in the sense of the KSchG, he has to check the delivered goods after receipt as far as possible for completeness, correctness and other freedom from defects, in particular for the intactness of the packaging, and to inform us of any defects by e-mail to office@fairschenkt.at and to briefly describe them. This only serves the purpose of faster and more effective processing of any notices of defects. A violation of this obligation does not lead to a limitation of the legal warranty rights of the consumer.
If a return of the goods to us is requested by the customer and the goods are actually defective, we shall bear the corresponding costs. Otherwise, any costs of the shipment shall be borne by the consumer. Defective goods are therefore only to be returned at our express request.
If the customer is an entrepreneur, he has to check the delivered goods as soon as possible after receipt for completeness, correctness and other freedom from defects, in particular intactness of the packaging. In the event of defects, the customer must report these within a reasonable period of time, but no later than four calendar days after receipt of the goods, by e-mail to office@fairschenkt.at. If the entrepreneur has not notified any defects within the notification period, the delivery shall be deemed to have been approved and all claims, such as warranty, avoidance of error or compensation for damages due to a later alleged deviation or defect (Section 377 of the Austrian Commercial Code), shall thus lapse. This shall also apply with regard to any incorrect deliveries or deviations in the quantity delivered.
If the customer is a business entity, we shall have the exclusive choice of remedy for a defect notified in due time. We are also free to immediately convert the agreement.
If the customer is a business, it shall bear the costs of returning the goods for improvement or replacement.