General Terms and Conditions
Effective from 16. December 2020.
Vendor: Oliver Heemeyer Jewellery GmbH
Legal form: Limited liability company (Gesellschaft mit beschränkter Haftung - GmbH)
Business purpose: Jeweller & Goldsmith
VAT No: ATU 68888527
FN: 420519k, HG Wien
Registered office: Bräunerstraße 10, 1010 Vienna, Austria
Tel: +43 (0) 1 2350550
E-Mail: mail@oliverheemeyer.com
Managing Directors: Oliver Heemeyer, Christoph Kircher
Member of the WKÖ
Applicable professional law: Gewerbeordnung: www.ris.bka.gv.at
Bezirkshauptmannschaft: Magistratisches Bezirksamt für den 1.Bezirk
Branch office Kitzbühel: Oliver Heemeyer GmbH
Legal form: Limited liability company (Gesellschaft mit beschränkter Haftung - GmbH)
Business purpose: Jeweller & Goldsmith
UID No: ATU 71440247
FN: 459537s, HG Wien
Registered office: Bräunerstraße 10, 1010 Vienna, Austria
Address: Vorderstadt 16, 6370 Kitzbühel, Austria
Tel: +43 (0) 676 6702510
E-Mail: mail@oliverheemeyer.com
1. Applicability
The term "Vendor" used in the following refers to both Oliver Heemeyer Jewellery GmbH and Oliver Heemeyer GmbH. These General Terms and Conditions (“GTC”) therefore apply to contracts with both companies.
The Vendor's supplies, services and offers, both via the Web Shop and in the brick-and-mortar stores, in particular therefore sales and repairs, are provided exclusively on the basis of these GTC; the Vendor does not recognise any terms and conditions of the customer which conflict with or deviate from these GTC, unless he has expressly agreed to their applicability. Vendor's actions in the performance of the contract shall not be deemed to constitute consent to contractual conditions deviating from these GTC.
These GTC are available at the business premises and can be accessed under https://www.oliverheemeyer.com/pages/general-terms-and-conditions.
2. Conclusion of contracts in the stores
Contractual partner in the store in Vienna is the Oliver Heemeyer Jewellery GmbH, in the store in Kitzbühel the Oliver Heemeyer GmbH.
In the absence of an individual agreement, the price is determined by the currently valid price list of the Vendor or by the price tags.
Unless otherwise agreed, the Vendor's claims against the customer are due for payment without deduction immediately upon receipt of the invoice.
3. Orders and conclusion of contracts in the Web Shop
Contractual partner in the Web Shop https://www.oliverheemeyer.com/ is always Oliver Heemeyer Jewellery GmbH.
The presentation of the goods in the web shop does not constitute a binding offer by the Vendor to conclude a purchase contract. The customer is only requested to submit an offer by placing an order.
By submitting an order in the web shop at the end of the ordering process, the customer submits a binding offer, aimed at the conclusion of a purchase contract for the goods contained in the shopping basket. By submitting the order, the customer acknowledges these GTC as the only conditions relevant for the legal relationship with the Vendor.
The Vendor shall confirm receipt of the order by sending a confirmation e-mail. This confirmation does not yet represent the acceptance of the customer’s contract offer by the Vendor. It merely serves to inform the customer that the order or request has been received by the Vendor.
The declaration of acceptance of the contract offer is made by the delivery of the ordered goods, another implied action or by an express declaration of acceptance.
3.1 Consumers' right of Withdrawal pursuant to § 11 FAGG
A customer, who is a consumer within the meaning of the Austrian Consumer Protection Act (Konsumentenschutzgesetz, "KSchG"), may withdraw from a contract concluded outside the business premises of the Vendor or from a distance selling contract - if no legal exception applies - within fourteen days. The details on the exercise of the right of withdrawal are available under https://www.oliverheemeyer.com/pages/returns.
The withdrawal period is fourteen calendar days. In the case of contracts for the delivery of goods, it begins on the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the goods. In the case of multiple goods ordered by the consumer in one order and delivered separately, it begins from the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the last good. It is sufficient if the customer has sent the declaration of withdrawal before the withdrawal period has expired.
The declaration of withdrawal can, but does not have to, be made electronically to shop@oliverheemeyer.com by using the model withdrawal form, available under https://www.oliverheemeyer.com/pages/returns.
According to § 18 para 1 no 3 of the Austrian Distance Selling Act (Fern- und Auswärtsgeschäfte-Gesetz, "FAGG") the right of withdrawal does not apply to the supply of goods made to the consumer’s specifications, which are individualized (e.g. by engraving) or which are clearly personalised. The qualification as such goods will be indicated in the presentation of the respective article, for example by the designation "custom made" or "individually made for you".
If the customer withdraws from the contract, then
a. the Vendor shall reimburse all payments made by the customer, including delivery costs (with the exception of additional costs resulting from the customer's choice of a different delivery method than the cheapest standard delivery offered by the Vendor), and
b. the customer shall return the received goods within 14 days from sending the withdrawal notification and pay the Vendor, at its request, an appropriate fee for the use of the goods, including compensation for any associated reduction in the fair value of the goods.
Heemeyer will bear the costs of the return shipment. For this purpose, the return label enclosed with the delivery or made available during the return process is to be used. The customer has to bear the costs of alternative transport or shipping options.
After receipt of the returned goods by the Vendor and their examination, the customer will be informed about the receipt and whether and in what amount a refund is due.
The customer shall pay the Vendor compensation for the reduction in value of the goods if this reduction in value is caused by handling of the goods in a manner not required for examining the condition, properties and functioning of the goods, in particular the damage of the security label. The amount to be refunded to the customer can be reduced by this reduction in value.
In the absence of an individual agreement the same means of payment that the customer used for the original transaction will be used for the refund.
3.2 Prices, shipping costs
The prices are listed in the presentation of the individual items. All prices quoted by the Vendor are, unless otherwise expressly stated, inclusive of VAT.
The prices do not include shipping costs.
The shipping costs can be found in the current delivery and shipping conditions under https://www.oliverheemeyer.com/pages/shipping-policy.
3.3 Payment conditions
Unless another method of payment has been agreed upon in detail, payment shall be made in advance using the payment options offered in course of the order process and in the website footer.
4. Special exchange right of donees
Persons who have received goods of the Vendor as a gift are entitled to exchange such gifts for other goods of the Vendor or non-cash refundable vouchers valid for one year from the date of issue, for a period of up to three months from the date of purchase.
However, the Vendor reserves the right to refuse such exchange if the safety label has been removed or the goods are visibly worn and/or torn or damaged.
The special exchange right does not apply to the supply of goods made to the consumer’s specifications, which are individualized (e.g. by engraving) or which are clearly personalised. The qualification as such goods will be indicated in the presentation of the respective article, for example by the designation "custom made" or "individually made for you".
5. Default of payment
If the customer is in default of payment, the Vendor is entitled, at his discretion, to either demand compensation for the damage actually incurred or interest on arrears at the statutory rate. For consumers this is 4% p.a., for entrepreneurs 9.2% p.a. above the base rate.
In the event of default of payment, the customer undertakes to reimburse the Vendor for any reminder and collection charges incurred by the Vendor to the extent that these are necessary for appropriate legal prosecution. For entrepreneurs this in any case includes a lump sum of EUR 40,- as compensation for collection costs according to § 458 UGB. The assertion of further rights and claims remains unaffected.
6. Default of acceptance
If the customer has not accepted the goods within three weeks of notification of availability for collection (e.g. for items taken over for work, treatment or repair, for individually manufactured items or for goods to be ordered) or as agreed (default of acceptance), the Vendor is entitled, after unsuccessful setting of a grace period, either to store the goods on his premises or to store them at the expense and risk of the customer with an authorised professional. At the same time, the Vendor is entitled to either insist on fulfilment of the contract or, after setting a reasonable period of grace of at least three weeks, to withdraw from the contract and to use the goods otherwise.
7. Cost estimates
The Vendor does not guarantee the accuracy of its cost estimates. The cost estimates are always against payment, unless otherwise agreed.
The amount of the fee for the cost estimate is subject to the agreed fee. In the absence of a separate agreement on the amount of the remuneration, 10 % of the net offer sum shall be deemed agreed.
If the underlying cost estimate is exceeded by more than 15% during the execution of a contract for work or a contract for work and materials, the contractor is obliged to inform the customer of this.
In this case, the customer can declare his withdrawal from the contract in writing within three days of notification, in which case he must reimburse the Vendor for the expenses already incurred and the proportionate compensation for the work performed to date. In the event that the customer does not declare his withdrawal, the excess is deemed to be approved by the customer.
Plans, sketches, or other technical documents, as well as samples, catalogues, brochures, illustrations, and the like shall always remain the intellectual property of the Vendor; the customer shall receive no rights of use or exploitation of any kind whatsoever.
8. Damages and warranty
All claims for damages are excluded in cases of slight negligence. This does not apply to personal injury or - in the case of consumer transactions - to damage to items accepted for treatment or work (e.g. repair). The existence of slight or gross negligence must be proven by the injured party unless it is a consumer contract. The provisions on damages contained in these GTC or otherwise agreed upon shall also apply if the claim for damages is asserted in addition to or instead of a warranty claim.
To warranty claims the statutory provisions shall apply.
9. Retention of title
All goods are sold or delivered by the Vendor under reservation of title and remain his property until full payment has been made. The assertion of the retention of title shall only constitute a withdrawal from the contract if this is expressly declared. In the event that the goods are taken back, the Vendor is entitled to charge any transport and handling costs incurred. In the event of access by third parties to the goods subject to retention of title - in particular through seizure - the customer undertakes to draw attention to the Vendor's right of ownership and to inform the Vendor immediately. If the customer is a consumer or not an entrepreneur whose regular business operations include trading with the goods purchased from the Vendor, he may not dispose of the goods subject to retention of title until the outstanding purchase price has been paid in full, and in particular may not sell, pledge, give away or rent them. The customer bears the full risk for the goods subject to retention of title, in particular for the risk of destruction, loss or impairment.
10. Data processing
The Vendor shall comply with the provisions of the Austrian Data Protection Act (Datenschutzgesetz, “DSG”), the General Data Protection Regulation (“GDPR”) and any other statutory confidentiality obligations.
Detailed information on the data processing of the Vendor is available in the Privacy Policy under https://www.oliverheemeyer.com/pages/privacy-policy.
The customer is obliged to notify the Vendor immediately of any changes to his address or contact details, in particular his e-mail address, as long as the legal transaction is not completely fulfilled by both parties. If the notification is omitted, declarations shall also be deemed received if they are sent to the last known (e-mail) address.
11. Place of fulfilment, contractual language, applicable law, and place of jurisdiction
Place of fulfilment is the domicile of the Vendor.
The contract language is German. In case the German and English version of this GTC contradict each other, the German version shall prevail.
The contracting parties agree on Austrian jurisdiction. If the contract is not a consumer transaction, the court with jurisdiction at the Vendor's registered office shall have exclusive jurisdiction to decide all disputes arising from this contract.
This contract shall be governed by Austrian substantive law to the exclusion of the rules of conflict of laws and the UN Convention on Contracts for the International Sale of Goods. In dealings with a consumer, this choice of law shall only apply insofar as it does not restrict any mandatory legal provisions of the state in which the consumer has his residence or habitual domicile.
12. Final provisions
Should any provision of this contract be or become legally ineffective, invalid and/or void in the course of its duration, this shall not affect the legal effectiveness and validity of the remaining provisions. In this case, the contractual partners undertake to replace the legally ineffective, invalid and/or void (which has become legally ineffective, invalid and/or void) provision by a provision which is legally effective and valid and which corresponds in its economic effect to the replaced provision - as far as possible and legally permissible.
All declarations of a legally binding nature on the basis of this contract must be made in writing, whereas this can be fulfilled by letter or e-mail to the address of the other contracting party last notified in writing. If a declaration is sent to the address last notified in writing, it shall be deemed to have been received by the respective contract partner.
Subsidiary agreements or amendments to these GTC must be agreed in writing, as must the waiver of the written form requirement.
The assignment of individual rights and obligations from these GTCs by the customer is only permitted with the express written consent of the Vendor.
13. Dispute resolution platform
Consumers have the possibility to submit complaints to the EU's online dispute resolution platform: https://ec.europa.eu/odr. However, we are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.