If the invoiced amount is more than 40,- Euro, Daniela Hartl-Heisan . Das Eulenatelier refunds the postage of the reconsignment, in other case the postage has to be paid by the purchaser, or will be deducted by the refund of the amount invoiced.
| Daniela Hartl-Heisan . The Owlstudio . Das Eulenatelier |
| General terms & conditions |
1. Scope
1.1 Daniela Hartl-Heisan . Das Eulenatelier transacts your orders on the basis of the subsequent terms & conditions which are, in the valid version, at the time of the order exclusive authoritative for the business connection between the purchaser and Daniela Hartl-Heisan . Das Eulenatelier. Alternative regulations from these terms & conditions will not be accepted, unless they where confirmed by us in writing. Our terms & conditions are valid for all orders: in written form (including e-mail), by phone or placed in our Online Store.
1.2 All agreements which will be done between Daniela Hartl-Heisan . Das Eulenatelier and the purchaser for the purpose of execution of this contract are put into writing with the online order form and this general terms & conditions.
1.3 With sending the confirmation e-mail to the purchaser the contract between Daniela Hartl-Heisan . Das Eulenatelier and the purchaser becomes effective.
2. Conditions of delivery and payment
2.1 The purchaser has the opportunity to pay the purchase price in Euro as follows, there may only be expences in the amount of domestic bank transfer expences for Daniela Hartl-Heisan . Das Eulenatelier. We reserve the right to accept your order only by payment in advance.
2.1.1 Payment in advance:
2.1.1.1 Domestic bank transfer (Austria):: To our Austrian bank account at the Erste Bank, bank identification code 20111, bank account number 31002902463, in the name of the account holder Daniela Hartl-Heisan. We allow the purchaser a discount of 2%. This discount is not possible for orders of original artworks (original paintings and drawings) and commissions. The definitive invoice amount will be communicated to the purchaser in our confirmation e-mail.
2.1.1.2 Pay by Paypal: We will send you an confirmation e-mail for your order and afterwards you will receive an e-mail with a Paypal Money Request from Paypal with instructions on how to pay using PayPal.
2.1.1.3 Bank transfer from EU-countries, Norway, Iceland and Liechtenstein, without Austria: By EU -standard bank transfer (by using our BIC and IBAN) to our Austrian bank account at the Erste Bank, BIC GIBAATWW, IBAN AT192011131002902463, in the name of the account holder Daniela Hartl-Heisan. We allow the purchaser a discount of 2%. This discount is not possible for orders of original artworks (original paintings and drawings) and commissions. The definitive invoice amount will be communicated to the purchaser in our confirmation e-mail. In case of a bank transfer not done as a correct EU - standard bank transfer, or by not using our BIC and IBAN with arising bank fees for us, we reserve the right to claim this fees (incl. VAT) from the purchaser and ship the ordered items after complete payment.
2.1.2 Payment on invoice: is only possible for orders from Austria and Germany and with an invoice amount lower than Euro 100,00. Not possible for orders of original artworks (original paintings and drawings) and commissions. Payment has to happen immediately on receipt of invoice and free of charge to our bank account. On delay of payment more than ten days we are allowed to charge Euro 4,00 dunning fee per dunning, as well as interest on late payments of 5% p.a.. We will instruct a debt collection agency to collect the open debt. In this case we will charge Euro 15,00. Beside this fees all additional arising fees from the debt collection agency have to be paid by the purchaser.
2.1.2.2 Domestic bank transfer from Austria: To our Austrian bank account at the Erste Bank, bank identification code 20111, bank account number 31002902463, in the name of the account holder Daniela Hartl-Heisan.
2.1.2.3 Bank transfer from Germany: By EU - standard bank transfer (by using our BIC and IBAN) to our Austrian bank account at the Erste Bank, BIC GIBAATWW, IBAN AT192011131002902463, in the name of the account holder Daniela Hartl-Heisan. In case of a bank transfer not done as a correct EU - standard bank transfer, or by not using our BIC and IBAN with arising bank fees for us, we reserve the right to claim this fees (incl. VAT) from the purchaser and ship the ordered items after complete payment.
2.2 The delivery happens from stock to the delivery address declared from the purchaser. All risk to the goods shall transfer to buyer upon dispatch of the goods.
2.3 Specifications about the delivery date are for information only and without responsibility, but will be kept according to possibility.
2.4 For orders deliverable to Austria or inside the European Union, the purchaser has to pay a postage charge of Euro 5,-. For orders deliverable outside the European Union you will find the shipping costs here.
2.5 The payment of the invoice amount has to be in Euro without deduction. We reserve the right, against all comments from the client, to request payment always for the oldest order of the client.
2.6 We only accept one voucher per order. The validity of the voucher code expires after one time execution.
2.7 Commissions Commissions are all items designed on customers request, which are not for sale in the Owlstudio Online Store. Beside our General terms & conditions the estimation of costs are relevant, which are confirmed by the commissioner. 2.7.1 Payment of cancelled commissions Payment of a cancelled commission before it is finished, has to include the price of all work done and started (prices of different parts of the design and production process of a commission will be declared separately in the estimation of costs). If the process of design and production of the commission will be delayed by the commissioner more than one month, Daniela Hartl-Heisan . Das Eulenatelier has the right to charge the price of work already done and started.
2.7.2 Payment of cancelled commissions Payment of a cancelled commission before it is finished, has to include the price of all work done and started (prices of different parts of the design and production process of a commission will be declared separately in the estimation of costs). If the process of design and production of the commission will be delayed by the commissioner more than one month, Daniela Hartl-Heisan . Das Eulenatelier has the right to charge the price of work already done and started.
2.8.2 Due payment date for commissions Payment for commissions are due after definition of the final design from the commissioner and receipt of invoice by e-mail and before shipping of goods to the commissioner according the specified method of payment declared in the estimation of costs. Payment for cancelled commissions are due on receipt of invoice by e-mail according the specified method of payment declared in the estimation of costs.
3. Prices
3.1 All our prices are, if not definated otherwise, already inclusive Austrian VAT.
3.2 After declaring the value added tax identification number, to purchasers from the European Union (except Austria) no VAT will be charged.
3.3 All our prices are defined in Euro.
3.4 Our prices are at the time of the order valid in the autoritative version.
4. Right of withdrawal according to the Austrian distant distribution law
4.1 The purchaser himself may cancel the contract by e-mail, in written form or by sending back the goods within 7 working days. In case of cancelling the contract the purchaser has to send the goods back to:
If the invoiced amount is more than 40,- Euro, Daniela Hartl-Heisan . Das Eulenatelier refunds the postage of the reconsignment, in other case the postage has to be paid by the purchaser, or will be deducted by the refund of the amount invoiced.
4.2. The right of withdrawal is ineffective by contracts about custom-made-products on customers request.
5. Transfer of perils
5.1 By delivery of the goods by post the perils are transfered to the customers side by handing over the goods to the dispatcher.
6. Retention of title
6.1 The property of goods stays until the full payment by Daniela Hartl-Heisan. Das Eulenatelier.
7. Protection of data privacy
7.1 Your notified personal data which is used for the procedure of an order at the Eulenatelier will be used by Daniela Hartl-Heisan . Das Eulenatelier for own business use exclusively.
7.2 Declared datas for the purpose of our Eulenatelier mailings by e-mail will exclusively be used for this purpose and will not be given to the third. Declared e-mail data can be removed from our mailinglist at any time.
8. Colours / Scope presentation
8.1 We would like to point out that represented goods in the Eulenatelier online can differ in colour from original, depending on the customers scope presentation.
9. Place of jurisdiction, place of fulfilment and applicable law
9.1 For final judgement of all conflicts resulting out of this contract the court having jurisdiction on the place of our business is exclusively local cognizant.
9.2 Place of fulfilment is the place of our business:
9.3 Austrian substantive law is authoritative. The applicability of the CISG - Contracts for the international sale of goods is excludet. The language of contract is german.
9.4 Safeguarding clause: If several terms of this general terms & conditions are ineffective the rest of the terms are still effective.
This general terms & conditions are effective from November 18, 2009 on.
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