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General Terms and Conditions of Flammentopf e.U.

valid from 25.05.2018
 

1. Imprint

Our company named in the imprint runs the virtual shop "www.flammentopf.at". 

Company name: Flammentopf e.U. (registered business)
Owner: Mag. Christian Stauber, MSc
Address: Dr. Theodor Körner Gasse 4, 2201 Gerasdorf bei Wien, Austria
Phone: +43 (0)664 4927733
Fax: +43 (0)1 2533033-1180
Information, data information and complaints: info@flammentopf.at
Customer service: Monday to Friday from 9:00 to 17:00
Legal status: Sole Proprietorship
Company registration number: 326922v
Commercial Registry: Regional Court Korneuburg
VAT number: ATU 64911714
EORI: ATEOS1000009773
Authority according to ECG: District authority Korneuburg
Chamber membership: Member of WKO
Professional group: Furnishing trade
Company headquarters: Gerasdorf bei Wien 
Owner, publisher and editor: Flammentopf e.U., 2201 Gerasdorf bei Wien
CEO: Mag. Christian Stauber, MSc
Address of CEO: see address above
Statutory provisions: Trade regulations (www.ris.bka.gv.at)
Industry notation: Commerce
Company objectives: Trade with flame pots and accessories
Bank details:
Sparkasse Korneuburg AG, IBAN: AT262022700400008686, BIC: SSKOAT21XXX
Copyright: © Copyright by Flammentopf e.U.

2. General

The terms and conditions apply to the sale and supply of goods as well as the provision of services through our company. Differing conditions of purchasers are valid only if we have agreed to these in writing or undersigned them. By clicking on the checkbox [Please agree to the general terms and conditions.] in the cart before placing the order, the buyer agrees to and is bound by these general terms and conditions. Our offers are non-binding and subject to change. The order of a legally competent customer (persons over the age 18) represents an offer to conclude a contract of sale. The reception of our order confirmation email does not constitute in itself an acceptance of the offer. A purchase contract is formed only when the ordered goods are delivered, a separate order confirmation is sent by email or by other acceptance of the customer's offer. All offers on our website are subject to change, not binding and only available while supplies last.

3. Order process, order correction, order cancellation

Once you select the desired product, you can add it to your cart without obligation by clicking the button [In den Warenkorb] (Add to Cart). You can view the contents of your basket without commitment to buy at any time by clicking the button [Cart Contents]. To remove products from your shopping cart at any time, click the checkbox [Remove] and then click the button [Aktualisieren] (Update). Once you are ready to buy the products in your cart, click the button [Kasse] (Checkout). Please then enter your personal information. If this is your first order, you need to register as a "New Customer". For subsequent orders, you only need to enter the user information (username and password) given to you when you initially registered. Your data will be encrypted. After entering your data and selecting your shipping address and payment method, you will be taken to the order confirmation page, where you can re-check your entries. After reading and accepting our cancellation terms and general terms and conditions by clicking the corresponding checkboxes, you can complete the order process by clicking the button [Zahlungspflichtig bestellen] (Confirm Order). To edit your entries, press the "back arrow" of the browser. The ordering process can be cancelled at any time by closing the browser.

Immediately after your registration, you will receive your access data as email. We save the contract text and send you the order confirmation by email. By logging in at any time you can view your orders and change your personal data.

A detailed description regarding your order in our shop can be found on the page: Order process

4. Contract language

The terms of the contract, all other information, customer service, data information and the handling of complaints are all offered in German and English.

5. Prices

Prices at the time of the order include the legal VAT in addition to all shipping expenses incurred. They are shown in the cart before a contract is concluded and then again in the confirmation of contract that is send to the customer. All costs incurred during shipping for export or import duties will also be charged to the purchaser (information about these costs can be obtained from your local customs office). Sales to customers outside the EU are not subject to VAT, but customers must pay the relevant national import duty. There will be no Austrian sales tax added for businesses within the EU who can provide a valid VAT number; they instead pay the value added tax of their home country. Payment is in euros.

6. Right of revocation for consumers 

Instructions of revocation
 
Right of revocation

Consumers have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire:

  1. in case of a service contract after 14 days from the day of the conclusion of the contract.
  2. in case of a purchase contract after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. 
  3. in case of a contract for the purchase of several goods, which the consumer has ordered in one single order but are delivered separately after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. 
  4. in case of a contract for the delivery of a good in different lots or pieces after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece.
  5. in case of a contract for the periodical delivery of goods over a defined period of time after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first good.

To exercise the right of revocation, you must inform us (Flammentopf e.U., Dr. Theodor Körner Gasse 4, 2201 Gerasdorf bei Wien, phone: +43 (0)664 4927733, fax: +43 (0)1 2533033-1180, email: info@flammentopf.at) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or email). You may use the attached model revocation form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of revocation before the withdrawal period has expired.

Consequences of revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. In case of items that cannot be sent by parcel the cost of return is estimated at a maximum of approximately 150 EUR. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.

In the event that the customer is a trader, then revocation is entirely precluded.

Model revocation form
 
Complete and return this form only if you wish to withdraw from the contract.
  • To
    Flammentopf e.U.
    Dr. Theodor Körner Gasse 4
    2201 Gerasdorf bei Wien
    Austria
  • Fax: +43 (0)1 2533033-1180
  • Email: info@flammentopf.at
  • I/We *) hereby give notice that I/we *) withdraw from my/our *) contract of sale of the following goods/for the provision of the following service *):
  • Order number:
  • Ordered on:
  • Received on:
  • Name of consumer(s):
  • Address of consumer(s):
  • Date:
  • Signature of consumer(s):

*) Delete as appropriate

Download of the Model revocation form as a PDF-file: Model revocation form

Notes to help with the smooth reshipment of goods:

If possible, please return the items to us in full and in the original packaging. Please use the return label supplied (please enter the reason for returning) with the return package. Use of the return label and the original packaging is not mandatory, that is, it will not harm your legal rights as a consumer, but simplifies and guarantees processing for us.

The consumer does not have a right of withdrawal from contracts regarding

  1. services, if the entrepreneur - based on the express demand of the consumer as well as a confirmation of the consumer on his or her knowledge about the loss of the right of withdrawal upon complete contractual performance - has started with the service before the expiration of the period of withdrawal and the service has then been completely accomplished, 
  2. goods or services whose prices depend on the fluctuation on the financial market, on which the entrepreneur does not have any bearing and which may occur within the period of withdrawal, 
  3. goods which were custom-made or obviously customised for the personal needs of the customer, 
  4. goods which were inseparably mixed with other goods due to their property after delivery, 
  5. services which were performed in connection with recreational activities, provided that a certain point or period of time is articled for the contractual performance by the entrepreneur, 
  6. urgent repair- or maintenance work, where the consumer has explicitly requested a visit of the entrepreneur for the execution of this work. If the entrepreneur performs additional services in the course of his visit, which have not been explicitly requested by the consumer, or if he delivers goods which are not absolutely necessary spare parts for the maintenance or repair work, the consumer has the right of withdrawal concerning these additional services or goods.

7. Payment

We accept the following payment methods in our shop:

- Payment before delivery/bank transfer
-
PayPal

For the payment method bank transfer, payment must be made by the customer within the period of one week from the date of receipt of the order confirmation. Delivery will be made only after payment has been received.

A detailed description regarding payment methods in our shop can be found under: Payment methods

8. Arrears

If the buyer defaults in payment, we are entitled to charge the statutory interest on arrears. The statutory interest on arrears between consumers and entrepreneurs is 4 percentage points.

9. Costs of reminders and collection

In the event of delayed payment, the contractual partner agrees to reimburse the reminder and collection charges incurred by us to the extent required for asserting respective legal rights and in as far as they are appropriately proportional to the demand, even if the delay in payment is of no fault of the contractual partner. Especially when a debt collector is used, the contractual partner shall reimburse the incurred costs to us, in as far as they are not in excess of the maximum chargeable rates of debt collectors. Provided that we run the dunning process ourselves, the debtor undertakes to pay an amount per reminder of EUR 12,00, and every six month an amount of EUR 5,00 for keeping track of the obligation in reminders.

10. Default of acceptance

In the case of delayed acceptance by trade customers, we are entitled to store the goods ourselves and shall charge a storage fee of EUR 0,10 per calendar day. At the same time, we insist on fulfilment of the contract.

11. Retention of title

We retain ownership of the delivered goods or services and the media created and/or edited by us until all payments from the business relation with the customer have been received. If the customer sells goods still in retention of title, he also has to forward the retention of title. The customer shall immediately notify us in the case of third party access to goods of which we retain the title. Pledges, security assignments and similar of retention of title goods is not permitted without our prior consent. If after late payment and despite a reminder no payment is made, our retention title goods are to be surrendered immediately. The customer shall pay the cost of return shipping.

12. Privacy policy

The protection of your personal data is very important to us. Therefore we process your data exclusively on the basis of the legal regulations (GDPR, Telecommunications Act 2003). This privacy statement is intended to provide information about the nature, scope and purpose of the collection and processing of your data.

We, Flammentopf e.U. (registered business), are responsible for the data processing for the purposes of the General Data Protection Regulation (GDPR). If you have any questions regarding the collection, processing or use of your personal data, please contact us by writing to:

Flammentopf e.U.
Mag. Christian Stauber, MSc
Dr. Theodor Körner Gasse 4
2201 Gerasdorf bei Wien
Austria

Email: info@flammentopf.at

Collection and processing of your data

As part of your order, newsletter subscription or visit to our website, we collect and process certain personal information relating to you. The nature, scope and purpose of this data processing will be described below.

Order

As part of your order, we will process the information provided by you: first name, last name, company, street, postal code, city, country, email address, telephone/fax numbers, birthdate, username and password.

If you choose PayPal as the payment method in the online shop during the ordering process, we automatically transmit your data to our payment partner company PayPal (Europe) S.à r.l. et Cie, S.C.A. (www.paypal.at). By selecting this payment method, you agree to the transfer of personal data required for payment processing. Our payment partner encrypts the information of your credit card during data transmission via SSL (at least 128 bit). The applicable data protection provisions of PayPal may be retrieved under www.paypal.com/us/webapps/mpp/ua/privacy-full.

The information you provide will be processed exclusively to process your order and fulfill the contract between you and us. Data processing is based on the legal basis of Art. 6 para. 1 lit. b GDPR. After completion of the contract and full payment of the purchase price, your data will be archived and deleted after expiry of the tax and commercial retention periods or the deadlines in accordance with the Product Liability Act, unless you have consented to the further use of your data. In the case of the termination of the purchase process without conclusion of the contract, the data stored with us will be deleted.

Your personal data will only be passed on to third parties or otherwise disclosed if this is necessary for the purpose of contract execution or settlement or if you have given your consent. For example, in the context of order processing, the service providers used by us (e.g. shipping companies, logistics companies, payment service providers) receive the necessary data for order processing. In the case of a legal requirement, an official order or an official investigation, however, we are legally obliged to provide the respective data to the authority.

Newsletter

If you subscribe to our newsletter and give us your consent (Art. 6 para. 1 lit. a GDPR), we process your name and email address for the purpose of sending our newsletter. Your personal data will be stored until your cancellation from the newsletter or the revocation of your consent.

You can revoke your consent at any time or unsubscribe from the newsletter by sending a message to the email address info@flammentopf.at or by clicking on the unsubscribe link at the end of each newsletter or by notifying us in another form.

Your visit to our website

When you visit our website, we collect personal data in the technically necessary extent (name of the retrieved file, date and time of retrieval, amount of data transmitted, notification of successful retrieval, browser type and version, the user's operating system, referrer URL and the requesting provider). We can not associate this information with specific individuals or with data from other data sources.

Contact

Our website contains information that enables a quick electronic contact to our company, as well as direct communication with us, which also includes an email address. If you contact us by email or via a contact form, the personal data transmitted by you are automatically stored. Such personal data transmitted by you on a voluntary basis are stored for the purpose of processing or contacting you. There is no transfer of this personal data to third parties.

Cookies

Please be aware that cookies are used when visiting our website. Cookies are small files or other forms of information storage that are transmitted from our web server or third-party web servers to the users' web browsers and stored there for later retrieval. The cookies used when visiting our website are for the sole purpose of simplifying the purchasing process (e.g. by storing the items in the shopping cart) and to enable the use of certain functions of our webshop. The cookies we use are deleted from your hard drive after the browser has been closed (session cookies).

Youtube

We have integrated components of YouTube on our website. YouTube is an internet video portal that allows video publishers to upload video clips for free and which also provides free viewing, review and commenting on them. The operating company of YouTube is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. The YouTube, LLC is a subsidiary of Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

Every time you visit one of the individual pages of our website, on which a YouTube video was integrated, the internet browser on your information technology system is automatically prompted to download a display of the corresponding YouTube component. Further information about YouTube may be obtained under www.youtube.com/intl/en/yt/about. During the course of this technical procedure, YouTube and Google gain knowledge of what specific sub-page of our website was visited by you.

If you are logged in on YouTube, YouTube recognizes with each call-up to a sub-page that contains a YouTube video, which specific sub-page of our website was visited by you. This information is collected by YouTube and Google and assigned to your YouTube account.

YouTube and Google will always receive information through the YouTube component that you have visited our website, if you are logged in to YouTube at the time of accessing our website; this happens regardless of whether you click on a YouTube video or not. If you do not want to provide this information to YouTube and Google, you have to log out of your YouTube account before you visit our website.

For more information about Youtube's privacy policy, please visit https://policies.google.com/privacy?hl=en.

Google AdWords

We have integrated Google AdWords on our website. Google AdWords is an internet advertising service that allows advertisers to run both Google and Google Network search engine results. Google AdWords allows an advertiser to pre-set keywords that will display an ad on Google's search engine results only when the search engine retrieves a keyword-related search result. In the Google Network, ads are distributed to topic-related sites using an automated algorithm, following the previously defined keywords. The operating company of the services of Google AdWords is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

The purpose of Google AdWords is to promote our website by displaying interest-based advertising on third-party websites and in the search engine results of Google's search engine and by displaying third-party advertisements on our website.

If you reach our website via a Google ad, a so-called conversion cookie will be stored by Google on your information technology system. What cookies are, has already been explained above. A conversion cookie will expire after thirty days and will not be used for your identification. If the cookie has not yet expired, the conversion cookie will be used to see whether certain sub-pages of our website, for example the shopping cart of our webshop, have been called up. The conversion cookie helps both us and Google to understand if an affected person who came to our site through an AdWords ad generated revenue, i.e., completed or canceled a purchase.

The data and information collected through the use of the conversion cookie is used by Google to provide visitor statistics for our website. These visitor statistics are then used by us to determine the total number of users who have been sent to us through AdWords ads, in order to determine the success or failure of each AdWords ad and to optimize our AdWords ads for the future. Neither our company nor any other Google AdWords advertiser receives any information from Google that could identify the affected person.

The conversion cookie stores personal information, such as the websites you visit. Each time you visit our website, your personal information, including the IP address of the internet connection you use, is transferred to Google in the United States. This personal information is stored by Google in the USA. Google may transfer such personal data collected through the technical process to third parties.

You may, at any time, prevent the setting of cookies by our website by means of a corresponding setting of the internet browser you use and thus permanently deny the setting of cookies. Such a setting of the internet browser would also prevent Google from placing a conversion cookie on your information technology system. In addition, a cookie set by Google AdWords may be deleted at any time via the internet browser or other software programs.

You may also opt out of Google's interest-based advertising. To do this, you must go to the link www.google.de/settings/ads from each of the Internet browsers you use and make the desired settings there.

Additional information and Google's privacy policy can be found at https://policies.google.com/privacy?hl=en&gl=en.

Google Maps

We have integrated Google Maps on our website. The operating company of the services of Google Maps is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

Each time Google Maps is called, Google sets a cookie to process user settings and data when viewing the page that includes the Google Maps component. This cookie is usually not deleted by closing the browser, but will expire after a certain amount of time unless it is manually deleted by you before.

If you disagree with the processing of your data, you may disable the service of Google Maps and prevent the transmission of data to Google. To do this, you must disable the Java Script feature in your browser. However, please note that in this case you will not be able to use Google Maps, or only to a limited extent.

Use of Google Maps and information obtained through Google Maps is governed by the Google Privacy & Terms at https://policies.google.com/terms?hl=en&gl=en and the additional Google Maps Terms of Service at https://maps.google.com/help/terms_maps.html?hl=en&gl=en.

Data security

The transfer of your contract data over the internet will be encrypted using SSL procedure. We secure our website and other systems by means of technical and organisational measures against loss, destruction, access, modification or distribution of your data by unauthorised persons.

Rights as affected person

You have the right to free information about your stored personal data as well as the right to rectification or deletion or limitation of processing. In addition, you may object to processing and have the right to the transmission of your personal information in a structured, machine-readable form. For all mentioned rights please use the contact details of the responsible person.

Right of complaint

You also have the right to file a complaint with a regulatory authority. For Austria this is the Austrian Data Protection Authority, Wickenburggasse 8, 1080 Vienna, Austria, phone: +43 (0)1 52152-0, email: dsb@dsb.gv.at, website: www.data-protection-authority.gv.at.

13. Warranty and liability

The warranty is according to the provisions of the law. It is restricted to the legal term of 24 months starting from the receipt of goods by the buyer or concerning services from the completion of the service. Where complaints about defects are justified, either a free replacement or improvement will be made, for which a reasonable period should be allowed. If a replacement or improvement cannot be considered (not possible, entails high expenses, unreasonable time delay, etc.), the buyer is entitled to a discount or, if the defect is not minor, termination of contract (redhibitory action). Defects have to be announced upon delivery or upon being detected, but refraining from the announcement upon delivery or upon being detected does not have any influence on the warranty claims of the consumer. If the purchase is a commercial transaction for the customer (B2B), then the customer must examine the goods no later than 2 weeks after receiving them and immediately report any defects found.

Our company shall only be liable for damages of intent and gross negligence. This does not apply to personal injury or consumer businesses. Provided the company is not a consumer business, the claimant has to prove the existence of simple and/or gross negligence. Compensation of secondary damage, harm of damage and other property damage, financial loss and damage caused to the customer by third parties is ruled out provided the company is not a consumer business. Our company as the operator of the web-shop named in the Imprint section provides its services with utmost care, but shall not be liable for services provided by or obtained from third parties.

When the goods are shipped in the course of consumer businesses, the danger of loss or damage of goods does not demise to the consumer until the goods are delivered to the consumer or to a third person different to the carrier and stipulated by the consumer. If the consumer has concluded the transport contract himself without making use of our suggested options, the danger goes over to the carrier upon the delivery of goods.

14. Governing law, jurisdiction

The contracting parties agree to the application of Austrian law. If the consumer lives or works in-country, a lawsuit can only be filed for the jurisdiction of the court where he or she lives or works; this does not apply to legal disputes which are already existent. The UN trade law as well as all regulations which relate to the UN trade law are expressly ruled out. For disputes arising from the contract insofar as the contracting party is a trader, it is agreed that the place of jurisdiction is our headquarters.

15. Place of fulfilment in case of entrepreneurial transactions

Place of fulfilment for all services arising from the contract is our headquarters.

16. Copyright

All messages, graphics and design of our site are intended solely for the personal information of our customers and are protected by copyright.

17. Arbitration board

We are committed to participate in the conciliation procedure of the Internet Ombudsmann: www.ombudsmann.at

Find more detailed information about the types of procedure at www.ombudsmann.at

For the settlement of disputes with our company may also be used the OS-platform: https://ec.europa.eu/consumers/odr

Our email address: info@flammentopf.at

18. Delivery

We deliver by DPD, post or carrier. Should some of the items ordered not be available for immediate delivery, we will first deliver those that are immediately available and the other items as soon as they become available for delivery. Delivery costs will of course only be charged once per order even for partial deliveries.

19. Shipping costs

The shipping costs in our shop are automatically calculated based on the total weight (sum of shipping weights) of your order and the delivery address. The shipping weight of a product is calculated from the weight of the goods and packaging or the volume weight. As our products are hand-crafted, there may be slight variations in weight. The goods shall be delivered to your doorstep. Packaging is included in the value of the goods and becomes the property of the customer. Free customer collection is only possible by prior arrangement.

A detailed description regarding shipping costs in our shop can be found under: Shipping costs

20. Storage of the contract

You can print out the order information when ordering or after receiving the order confirmation email "order process". The contract text is stored by us and you can request a copy at any time after the order process.

21. Usage and safety guidelines

Our products are delivered together with usage and safety guidelines. Please read these guidelines carefully before first use and keep them for future reference. Our products may only be operated by adult persons who have fully read and understood these usage and safety guidelines. If the guidelines are accidentally not included in delivery, have got lost or for further questions, please contact:

Flammentopf e.U.
Dr. Theodor Körner Gasse 4
2201 Gerasdorf bei Wien
Austria
Phone: +43 (0)664 4927733
eMail: info@flammentopf.at

22. Miscellaneous

Claims for compensation under the Product Liability Act are not possible unless the subrogation beneficiary can show that the error was caused by us and is at least due to gross negligence. The contracting party will waive the possibility of compensation. However, this does not apply to consumers.
 


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     Friedrich von Schiller, German poet, 1759 – 1805
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