TERMS AND CONDITIONS
Our General Terms and Conditions of Business are standardised contract terms.
They are valid and apply to your shopping on EVA BLUT 's online shop.
1. SCOPE AND DEFINITION
The Terms and Conditions of Business set out below shall apply to all orders placed
by a customer/consumer with EVA BLUT 's webshop (hereinafter the "Seller").
The language of the contract is English.
2. FORMATION OF CONTRACT/YOUR ABILITY TO MAKE CORRECTIONS
Your contract with the webshop passes through multiple stages, and at the end of
the order process you are once again shown a list of the goods you have ordered as
well as the total price for them (including all ancillary charges). Up to that point, you
will also have the ability to change your order and to correct any data entry errors.
Your order only becomes legally binding on you when you click on the button "place
order – I will be charged".
It is noted that the above-referenced order constitutes an offer by the customer,
whereas the advertising of the goods on the EVA BLUT website does not constitute
a binding offer.
As soon as we receive an order from a customer, we will confirm receipt of it by
dispatching an automated email. That confirmation does not yet constitute
acceptance of the customer's offer.
Our acceptance of the contract is indicated by express declaration of acceptance
or by dispatching the goods. We will do this in each case within a reasonable time,
not exceeding seven business days. Within that period, the customer is bound by
its offer. Only periods of closure of the business may give rise to somewhat longer
delivery times, but this will be communicated to the customer in the course of the
In the event that EVA BLUT is unable to confirm a customer's offer, we will
endeavour to inform you of this at the earliest possible opportunity. In particular, it
may happen that our stocks of the goods a customer has ordered have run out in
the interim or that we are unable to deliver them for other reasons.
Deviations in colour from the goods depicted on the website are due to technical
reasons, and shall not give rise to any basis for complaints.
EVA BLUT does not accept orders from customers who are not yet 18 years of age.
3. AVAILABILITY OF GOODS
EVA BLUT produces only one single exemplar of most models per colour and material
combination. The possibility thus exists that a unique exemplar of this kind may be
sold at EVA BLUT 's flagship store at the same time as you are shopping online. Thus,
in the event that EVA BLUT is unable to deliver the goods, EVA BLUT shall be entitled
to rescind the contract and refund all payments made to date without delay to the
4. STORAGE OF CONTRACT
This contract is electronically stored by the Seller. No later than at the time of
delivering goods ordered by a customer, the customer shall receive a confirmation
of the contract by a permanent medium (e-mail, paper).
5. PRICES, PAYMENT AND DEFAULT OF PAYMENT
Wherever there is any doubt, the prices quoted in our webshop are inclusive of all
taxes, including VAT. Shipping costs and further charges the Seller is required to
remit will be added to the prices stated. The customer will in any event be informed
immediately prior to conclusion of the order procedure of the total price and the
breakdown of the price. On shipments to non-EEA countries, the customer shall be
liable for all import and export duties as well as all customs tariffs, fees and taxes
associated with the delivery. Payment of the purchase price is due immediately at
the time the contract is concluded.
6. SHIPPING COSTS, TERMS OF DELIVERY AND DELIVERY PERIODS
The customer shall be liable for the shipping costs; the amount of shipping costs is
estimated by the Seller based on the charges the Seller has incurred in the past for
processing an average order (handling of shipping, packaging, etc.). Specifically,
we envisage the following shipping costs:
Shipment within Austria/delivery within one week
(shipment by post or DHL): EUR 5.00
Shipment within the EU / delivery within one week
(shipment by post or DHL): EUR 12.00
Shipment outside the EU:
"Express" delivery within one week (shipment by DHL): EUR 65.00
"Regular" delivery within four weeks (shipment by post): EUR 30.00
Our price calculations are based on an order for a single bag. As a courtesy in the
case of grouped orders, the shipping costs for the customer's entire order will be
charged only a single time, even if the Seller's actual costs are higher.
Delivery of the goods will only be made after full payment is received. Depending
on the type of transfer, bank transactions may take several days (rough estimate: 1 to 3 days).
Following receipt of payment, the Seller shall deliver the goods ordered by the
customer to the consumer within a maximum period of 30 days (exception:
overseas shipments); the Seller shall endeavour to provide more rapid delivery. In
the ordinary course of the Seller's business, the Seller will deliver orders to the
forwarder within 3 to 5 business days. The subsequent shipping time will depend on
the destination and the shipping option chosen.
In the event that goods are supplied before full payment, until such time as the
purchase price is paid in full, they shall be subject to a reservation of title. The
parties hereby agree that the Seller’s assertion of reservation of title shall not
constitute a rescission of the contract for so long as the Seller has not expressly so
7. DATA PROTECTION NOTICE, NEWSLETTER
We wish to advise you that, to simplify the shopping process and enable EVA BLUT
to subsequently perform the contract, we store the following user data:
Name, date of birth, address
Payment data are stored only with payment partner PayPal.
Our storage of the data is exclusively for purposes of processing specific orders
(including handling of payments and deliveries) and is intended to simplify the order
process in future for customers by creating personalised user accounts for them.
We will only forward data to third parties to the extent this is necessary in order to
complete the customer's order (e.g. payment data to bank, address data to
adjust your browser settings accordingly. Please note that this may result in
limitations on the functionality of our website. By means of cookies, certain data
(specifically: IP address, user account data, ...) are stored to simplify your future
ordering process and to individually tailor the products we offer you.
Data processing is done in line with the relevant provisions of law, in particular sec.
96 of the Telecommunications Act and sec. 8 of the Data Protection Act.
The customer hereby consents to receiving messages from EVA BLUT regarding
products, current offers and other company-related information by advertising email
(including newsletters). The customer may revoke his or her consent to receipt
of such e-mails at any time in the following manner: Use the 'unsubscribe' button at
the end of any newsletter you have received.
8. STATUTORY WARRANTY, GUARANTEES AND LIABILITY
We wish to remind you that statutory warranty claims may arise in connection with
the purchase of goods, the scope of which is governed by statute and may not be
limited by these GTCs (see e.g. secs. 922 ff. Austrian Civil Code in conjunction with
sec. 9 (1) Austrian Consumer Protection Act).
In order to assert statutory warranty claims, the customer may address such
claims to EVA BLUT care of the above-referenced address. EVA BLUT shall
immediately examine any customer complaints; the customer is obliged to forward
the allegedly defective goods to the Seller. The costs associated with return of the
goods shall be borne by the Seller provided that the customer's complaint was
well-founded. The Seller hereby disclaims any and all liability in compensatory
damages for property damage occasioned as a result of slight negligence.
9. RIGHT OF RESCISSION
You may cancel the contract within 14 days' time from the date you receive the
goods you have ordered without the need to indicate any grounds of rescission
either in written or electronic form (e.g. letter, facsimile, e-mail) or by returning the
goods to us. It suffices if you send your notification that you are exercising your
right of cancellation within such period. In the case of cancellation, a whole or
partial refund of the purchase price will only be made simultaneously in exchange
for the return of the goods received by the customer.
Any returns of goods should be made to the following address:
EVA BLUT, Kühfussgasse 2, 1010 Vienna, Austria
The customer must return the goods to us in an unused condition, capable of being
resold as new, and in their original packaging. In the case of items that have been
impaired by traces of usage, EVA BLUT will charge a reasonable fee for the decrease
in value. The same applies where any accessories or parts are missing at such time
as the goods are returned. The customer should use the enclosed return slip and
return sticker for returning the goods.
Payment obligations must be satisfied within 30 days' time. This period shall
commence as to the customer at such time as the goods are shipped or the
customer requests a return of them, and as to EVA BLUT at such time as it receives
a return of goods.
The customer shall be responsible for the cost of returning the goods. In the event
that the goods are returned freight collect /postage due, EVA BLUT shall be entitled
to retain a corresponding amount or to invoice the customer for such amount.
10. CHOICE OF LAW, EFFECTIVE DATE
All contracts and agreements between the customer and EVA BLUT shall be
governed by Austrian law, excluding application of the United Nations CISG. The
place of performance is Vienna, Austria.
In the event that individual terms of these GTCs should be or become invalid, the
validity of the remaining terms hereof shall remain unaffected thereby. The parties
hereby agree that the relevant provisions of applicable law shall apply in lieu of the
11. MERCHANT DATA
EVA BLUT – Buchleitner, Kühfussgasse 2, 1010 Vienna, Austria
T +43 1 890656015
Represented by the Managing Director: Eva Buchleitner
Court with jurisdiction: Vienna, Austria – as to consumers, jurisdiction is vested in
the courts at the consumer’s place of residence.
Commercial Register No.: FN 384358h
VAT Identification number: ATU45960107
Erste Bank, Am Graben 1010 Vienna
Austrian sort code: 20111