Terms & Conditions
Terms and Conditions
§ 1 Scope
1. The following terms and conditions are part of every contract between Helga Hauptmann Art, Am Spitz 4/Top 4, 7411 Markt Allhau, Austria (hereinafter referred to as the seller) and the orderer/customer.
2. The seller offers products via his online shop – helgahauptmannart.com – it is a manufacturing company itself. The seller provides the services solely on the basis of these terms and conditions.
§ 2 Conclusion of contract / contract language
1. Our offers are subject to change and non- binding. The presentation of the goods on the Internet does not constitute a binding offer from the seller.
2. The language used for the conclusion and execution of this contract is English.
3. In principle, any person can visit our web shop and obtain sufficient information about our offer free of charge and without providing personal data.
Instructions for use: The customer can select any item from the range and place goods in the shopping cart using the "ADD TO SHOPPING BASKET" button. A dot will appear in the shopping cart symbol at the top right and at the same time you will be forwarded to the shopping cart to see your order. If you want to place further orders, click on a product group on the menu bar above or use the green "CONTINUE ORDERING" button. The customer can empty the shopping cart at any time by "Removing" or reduce the order quantity by reducing the number of selected products by clicking on the "-" (minus) in the quantity of the respective product or setting it to "0". In the shopping cart, the acceptance of the terms and conditions and having read the cancellation policy must also be confirmed by clicking on the box.
If the customer does not confirm this, the ordering process will be cancelled and it will not be possible to click on the "CHECKOUT" button.
By clicking the "CHECKOUT" button, the customer is forwarded to a page where he can register as a customer if he does not have access data or can log in as an existing customer. For this purpose, a username and password as well as the contact data are entered. To register, the customer must provide his e-mail address, his first and last name and the full delivery address. After registration, click "Next".
On the next page, the customer checks his delivery address and the total amount. You have the option of returning to each of the individual order processes step by step at any time and making corrections if necessary. Once everything has been filled out to your satisfaction, please click on the "Continue to payment method" button.
Here the customer has the option of specifying a billing address that differs from the delivery address. Then please select one of the payment options and activate it by clicking on it. Follow the further details of the selected payment method. When you have successfully completed the payment process, click on "Check order"
Special note: With the "SOFORT Banking" payment option, you will be connected directly to this service page AFTER completing the order process (by clicking "Order with obligation to pay").
After checking your order again and the data you have provided, the ordering process is completed by pressing the "Order with obligation to pay" button. The receipt of the order is displayed to the customer immediately after completing the ordering process. We store your order and the order data you entered.
The customer will be informed of the receipt of the order by email. This is not a binding acceptance of the order. The contract is only concluded when a separate delivery confirmation is sent by e-mail or when the goods are shipped.
A contract is only possible with consumers, associations and organizations but not with entrepreneurs who buy the goods for the purpose of resale.
§ 3 Terms of Delivery
1. The dispatch takes place with a logistician of our choice.
2. Unless otherwise agreed, delivery takes place after receipt of payment from the delivery address specified by the customer. In the case of the payment options advance payment and immediate transfer by bank transfer, the period begins with the issuing of the payment order to the transferring bank and for all other payment methods with the conclusion of the contract.
3. If the seller incurs additional shipping costs due to the specification of an incorrect delivery address or an incorrect addressee, these costs must be reimbursed by the customer, unless he is not responsible for the incorrect information.
§ 4 delivery times
Unless otherwise agreed or otherwise stated on the item, the following standard delivery times
apply (assuming availability) after receipt of your order:
-Worldwide: Immediately ready for dispatch, delivery time 1- 14 days
However, no guarantee is given for this.
§ 5 Packaging and Shipping Costs
1. Shipping is free.
§ 6 Terms of Payment
1. The purchase price is due immediately upon conclusion of the contract. The customer has the payment options in advance, on account (Klarna invoice), immediate transfer, PayPal, various credit cards (Visa, Mastercard, Maestro- Mastercard, American Express), Apple Pay, Shop Pay, Google Pay, Klarna Pay Now, eps - Bank transfer, Ideal and Bancontact available.
2. All prices are to be seen as end customer prices including statutory sales tax and all duties.
§ 7 Retention of title
1. The goods remain the property of the seller until full payment has been made
§ 8 Warranty
2. With regard to the warranty, the statutory provisions apply.
§ 9 Right of Withdrawal (Right of Withdrawal)
You have the right to withdraw from this contract within fourteen days without giving any reason.
The period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement and return of the complete, undamaged goods.
The revocation (withdrawal) should be sent to:
Helga Hauptmann Art
Am Spitz 4/Top 4, 7411 Markt Allhau, Austria +43 664 412 42 56 helgahauptmannart@gmail.com
In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an e-mail). You can use the attached sample revocation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract.
For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for 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 earlier.
You must return or hand over the goods to us immediately and in any event no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods. Sample cancellation form
(If you want to revoke the contract, please fill out this form and send it back)
- To (enter name, address, e-mail)
- I/we (*) hereby revoke the contract concluded by me/us for the purchase of the following goods (*) / the provision of the following service (*)
- Ordered on (*) / received on (*)
- Name of consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if notification is made on paper)
- Date
(*) Delete where not applicable
§ 10 Privacy Policy
1. Below is the seller's privacy policy.
2. By filling out and submitting a web form for ordering purposes, the customer transmits personal data to the seller.
3. The seller uses the personal data transmitted by the interested party (e.g. title, name, address, e- mail address, telephone number, PayPal data) in accordance with the provisions of the applicable data protection law for the purpose of billing and fulfillment of the contract. In this respect, the seller collects, stores and processes only the data provided by the customer in the context of the information provided in the form and, in particular, does not create any user behavior profiles. The seller uses cookies in order to be able to allocate inquiries and requirements of the interested party.
4. For the purpose of fulfilling the contract, namely delivery, the customer's personal data will be forwarded to the transport company, insofar as this is necessary for the delivery of the goods. The transport company is also obliged to use the customer's personal data exclusively in accordance with the provisions of data protection law.
5. The customer can request the change, blocking or deletion of his data at any time and object to
the use of his data for direct marketing or advertising purposes.
6. In addition to the aforementioned data protection declaration, none of the customer's personal data transmitted to the seller will be made accessible to third parties without the customer's separate written consent, unless this is required by law or official order or is necessary to fulfill the correct delivery.
7. With the complete processing of the contract, which also includes the full payment of the agreed fees, the customer's data, which must be kept for legal reasons, will be blocked, with the exception of the data for which consent to further use was given . This data is no longer available for further use.
8. If the customer requires further information about the storage of his personal data or the deletion, blocking or modification of the data of the interested party is desired, support is available at the e-mail address given in the imprint or at the postal address given.
9. This data protection declaration can be viewed and accessed at any time on the seller's website.
§ 11 Limitation of Liability
1. With the exception of injury to life, limb and health and the breach of essential contractual obligations (handover and transfer of ownership of the goods), the seller is only liable for damage that can be attributed to intentional or grossly negligent behavior. This also applies to indirect consequential damages such as lost profits in particular.
2. The limitation of liability in paragraph 1 also applies accordingly in favor of the seller's employees and vicarious agents.
3. Liability claims based on the Product Liability Act remain unaffected.
§12 Dispute Resolution / Arbitration
We are always ready for alternative dispute resolution in accordance with Art. 14 Para. 1 ODR- VO. The European Commission provides a
platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/. We are willing to participate in an out-of-court arbitration process.
§ 13 Final Provisions
1. Austrian law applies to the exclusion of the UN Sales Convention. Compulsory provisions of the state in which the customer has his habitual residence remain unaffected.
2. Should one of the above provisions be or become invalid or void, the contract and the remaining terms and conditions remain valid.
3. If you have any questions or problems, please contact our customer service at helgahauptmannart@gmail.com