Terms and Conditions
General
The following general terms and conditions apply exclusively between OBIZZI, owner Stefanie Glatz, located at Schulhof 2, 1010 Vienna, and the customer at the time of the order. Deviating conditions of the customer will not be accepted unless the seller expressly agrees to their validity in writing. Our customer service is available to answer any questions, complaints and objections by email at studio@obizzi.com or by phone from Tuesday to Friday between 12:00 and 18:00. By placing your order, you agree to the following general terms and conditions.
Orders
The presentation of products in the online shop does not constitute a legally binding offer, but merely an invitation to place an order under the stated conditions. Descriptions of services in catalogs and on the website are to be regarded as non-binding.
By clicking on the "order with payment" button, your order for the items in your shopping cart is placed bindingly. Confirmation of receipt of the order will be sent immediately after the order has been sent. We reserve the right to accept your order either by sending an order confirmation by email or by delivering the goods within 7 days.
Please note that the items shown on the website were photographed digitally. Since the jewelry is handmade, slight deviations between the image and the actual product may be possible and do not constitute a defect.
Right of withdrawal
You can cancel this contract within 14 days without giving any reason. The cancellation period expires after 14 days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.
In order to meet the cancellation period, it is sufficient for the customer to send the notification of the exercise of his right of cancellation before the cancellation period has expired.
Returns are only possible if the items have not been worn, with the exception of fitting them on. Items that have already been worn and show signs of wear cannot be returned and will be returned to Obizzi at the customer's expense.
To exercise the right of withdrawal, the customer must (Obizzi, Schulhof 2, 1010 Vienna, telephone: +43 6766800814, email: studio@obizzi.com) by means of a clear statement (e.g. by post or email) of the decision to withdraw from this contract. The customer can use the attached sample withdrawal form for this purpose, but this is not mandatory.
In the event of cancellation, Obizzi will refund all payments received from the customer, including delivery costs, promptly and at the latest within fourteen days from the date of notification of cancellation of this contract. However, Obizzi may refuse to refund until the goods have been returned to Obizzi.
The customer must return or hand over the goods to Obizzi promptly and in any event no later than fourteen days from the date on which he or she has declared the cancellation of the contract. This deadline is deemed to have been met if the goods are dispatched on time. The customer shall bear the costs of returning the goods. In addition, the customer is responsible for any loss of value of the goods if this is due to handling that is not necessary to check the quality, properties and functioning of the goods.
The right of withdrawal does not apply to contracts for the delivery of goods that have been manufactured according to customer specifications or are clearly tailored to the customer's personal needs.
Payment terms
The customer can choose from the available payment methods during the ordering process. For all payment methods, payment is made in advance without any deductions. If third-party providers, such as PayPal, are commissioned to process the payment, their general terms and conditions also apply. In the event of late payment, the customer must pay default interest of 5 percentage points above the base interest rate. The payment of default interest does not release the seller from the possibility of claiming further damages for late payment. If the seller offers the option of payment in advance, the contract is concluded as soon as the bank details and a payment request are provided. If the payment is not received by the seller within 5 calendar days of the order confirmation being sent, even after a further request, the seller will withdraw from the contract. This means that the order becomes invalid and the seller is not obliged to deliver. The order is thus completed for both parties without further consequences. The item is therefore reserved for a maximum of 5 calendar days in the case of advance payments.
Retention of title
The goods remain the property of Obizzi, Stefanie Glatz until full payment has been made.
Prices and shipping costs
All prices stated on the seller's website are in euros and include the applicable statutory sales tax. In addition to the prices shown, the buyer will be charged shipping costs for delivery. These shipping costs will be clearly communicated to the buyer during the ordering process.
Delivery & Product Availability
If no copies of the product selected by the customer are available at the time of the customer's order, the seller will inform the customer of this in the order confirmation. If the product is permanently unavailable, the seller will waive a declaration of acceptance, which means that no contract will be concluded. If the product ordered by the customer is only temporarily unavailable, the seller will also immediately inform the customer in the order confirmation. If there is a delay in delivery that exceeds the normal delivery time of 1 to 4 weeks, the customer has the right to withdraw from the contract. In this case, the seller is also entitled to withdraw from the contract and immediately reimburse the customer for any payments already made.
Warranty and guarantee for material defects
The warranty is based on the statutory provisions. A guarantee for the goods delivered by the seller only exists if it was expressly stated during the ordering process or in the product description.
Permitted use
Our Services are provided to you for informational purposes and for your personal, non-commercial use only. When using our Services, you must comply with these Terms and all applicable laws.
Unless expressly permitted by these Terms, you may not:
(i) use our Services in any unlawful or fraudulent manner (including violating the rights of third parties) or for any purpose to collect personal information or impersonate other users;
(ii) alter or use any of our copyright, trademark or other proprietary notices or interfere with the security-related features of our Services;
(iii) use our Services in any way to manipulate or falsify any Content or undermine the integrity and accuracy of any Content, or take any action to interfere with, damage or disrupt any portion of our Services;
(iv) use our Services to send, receive, upload/post, download any material that does not comply with our content standards;
(v) use our Services to transmit or facilitate the transmission of any unsolicited or unauthorized advertising or promotional material;
(vi) use our Services to transmit any data or upload any data to our Services that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware or any other malicious programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
(vii) use any robot, spider, other automatic device, or manual process to monitor/copy our or other sites or the content contained in our Services, or use any network monitoring software to determine the architecture of our Services or extract usage data from our Services;
(viii) engage in any conduct that restricts or inhibits any other user from using our Services, or
(ix) use our Services for any commercial purpose or in connection with any commercial activity conducted without our prior written consent. You agree to cooperate fully with us in the investigation of any activity that allegedly or actually violates these Terms.
Disclaimer of Warranties for Use of the Site and Services
The Services, our intellectual property rights and all information, materials and content provided in connection therewith and made available to users free of charge are provided "as is" and "as available" without warranties of any kind, express or implied (warranties of fitness for a particular purpose or warranties with respect to the security, reliability, timeliness, accuracy and performance of our Services, among others) - except in cases of malicious non-disclosure of defects. We do not guarantee that free Services will be provided without interruption or error-free or that they will meet your requirements. Access to the Services and the Site may be suspended or restricted due to repairs, maintenance or updates. The warranty for products you purchase from us as set out in the "Warranty for Products" section above remains unaffected.
Exemption
You agree to defend, indemnify and hold us harmless from and against all actual or alleged claims, damages, costs, liabilities and expenses (including, without limitation, reasonable attorneys' fees) arising out of or relating to your use of the Site and Services in violation of these Terms, including, without limitation, any use in violation of the restrictions and requirements set forth in the "Permitted Use" section, unless such circumstances are not due to your fault.
Limitation of liability
We are only liable in the event of intent, gross negligence, negligent injury to life, body or health or in the event of slightly negligent breach of an essential contractual obligation, and only in the case of paid services or the sale of products. An "essential contractual obligation" means an obligation whose fulfillment is a basic requirement for the proper implementation of the agreement and on which you normally rely and can reasonably rely. Our liability for slightly negligent breach of an essential contractual obligation is limited to the amount of usual and foreseeable damage for this type of contract. Our liability under the Product Liability Act or in the event that we have explicitly given a guarantee remains unaffected.
The above provisions apply to our contractual liability (including liability for wasted expenditure) and non-contractual liability (including liability for tort) as well as to liability arising from transactions prior to the conclusion of the contract (culpa in contrahendo). They also apply to the benefit of our managing directors, senior managers or other legal representatives, employees and vicarious agents.
Change of terms and services / discontinuation
We reserve the right to change these Terms from time to time at our sole discretion to reflect changes in the law or additional features we may introduce or as we otherwise develop our business. Therefore, you should review these Terms regularly and in any event during the checkout process when you purchase Products. The new Terms will apply to any new order you place after the effective date of the new Terms. If ongoing services you use are affected by the changes to the Terms, we will take your legitimate interests into account as appropriate. We will notify you of such changes in a timely manner. The changes will be deemed to have been accepted by you if you do not object to these changes within two months of such notification. We will indicate this in our notification. If you object to the changes, we have a special right of termination - without further obligations to you - which will take effect on the effective date of the changes. We may change the Services, stop providing the Services or one or more features of the Services offered, or limit the Services. We may terminate or suspend access to the Services ourselves, permanently or temporarily, without giving any reason and without further obligation. We will, where possible under the circumstances, notify you in advance and take your legitimate interests into account in taking such measures.
Links to third-party websites
The Services may contain links that allow you to leave the Site. Unless otherwise indicated, the linked sites are not under our control and we are not responsible for the contents of any linked site, any link contained in a linked site, or any changes or updates to such sites. We are not responsible for any transmissions received from any linked site. Links to third party sites are provided for information purposes only. The fact that we have included links to other sites does not mean that we endorse their owners or their content.
Applicable law
These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Austria (without regard to its conflict of law provisions).
The European Commission provides a platform for online dispute resolution (ODR), available at: https://ec.europa.eu/consumers/odr/. Please note that we are not obliged to settle disputes with consumers before alternative dispute resolution bodies.
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A waiver by either party of any breach or default under these Terms shall not constitute a waiver of any preceding or subsequent breach or default.
The headings used in these Terms and Conditions are for convenience only and have no legal significance.
Unless expressly stated otherwise, if any part of these Terms is held to be unlawful or unenforceable for any reason, that part of the Terms is deemed to be severed and the remaining Terms will remain in full force and effect.
You may not assign your agreement with us under these Terms or all or any of your rights or obligations under them without our prior written consent.
These Terms constitute the entire agreement and supersede all prior written or oral agreements between you and us with respect to the Services and the sale of Products.
The provisions of these Terms which by their nature are intended to survive any such action by us will survive, including, without limitation, provisions regarding indemnification, release, disclaimers, limitations of liability and this Miscellaneous Section.