general terms and conditions
By placing an order you accept the following general terms and conditions (GTC) of ERN OG.
The legally binding version of these Terms and Conditions is the German version. Should there be any contradictions, misunderstandings or errors in the translation of foreign language versions, the German version shall prevail in case of doubt.
1. Scope
These general terms and conditions apply to all deliveries from ERN OG to consumers. ERNG OG does not recognize any deviating conditions of the customer. Deviating conditions can only be used if they have been expressly agreed in writing. They must also be confirmed in writing to be legally valid. By placing an order, the customer agrees to these terms and conditions and is bound by them. Should individual provisions of these terms and conditions be completely or partially invalid due to mandatory legal regulations (in particular the provisions of the Consumer Protection Act), the remaining provisions of these terms and conditions remain valid without change.
2. Contracting party
Vilavu Shop reserves the right to change the content of its offerings at any time. The purchase contract is concluded with: ERN OG, Walter Rogatschnig Straße 32, 9063 Maria Saal, Austria, VAT number: ATU 80432925, Managing Director: Florian Leitner, Email: shop@vilavu.art, and the place of jurisdiction is the Regional Court of Klagenfurt.
3. Offer and conclusion of contract
3.1 The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to order. All offers are valid "while stocks last" unless otherwise stated for the products. Errors excepted.
3.2 By clicking the "Order with payment" button in the final step of the ordering process, you place a binding order for the goods in your shopping cart. The purchase contract is concluded when we accept your order by sending an order confirmation via email immediately after receiving your order.
4. Contract text
After the purchase you will receive the purchase confirmation and invoice by email. You can view the terms and conditions at any time on this page.
5. Right of withdrawal and consequences of withdrawal
5.1 You have the right to withdraw from your contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods. To exercise your right of withdrawal, you must inform us (VILAVU SHOP – ERN OG, Walter Rogatschnig Straße 32, 9063 Maria Saal, shop@vilavu.art, +43 (0)670/1912347) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or email). You may use the attached model withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
5.2 If you withdraw from your contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your withdrawal. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund 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 (VILAVU SHOP – ERN OG, Walter Rogatschnig Straße 32, 9063 Maria Saal, shop@vilavu.art) promptly and in any event no later than fourteen days from the date on which you notify us that you are withdrawing from your contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling that is not necessary to check their quality, properties, and functioning.
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back.)
– An VILAVU SHOP – ERN OG, Walter Rogatschnig Straße 32, 9063 Maria Saal, shop@vilavu.art, +43 (0)6701912347:
– 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 the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if notification is on paper)
- Date
_______________
(*) Delete as appropriate.
6. Prices and shipping costs
6.1 In principle, the purchase price for the ordered goods is deemed to be agreed upon, which results from the web shop of ERN OG – vilavu shop (vilvau.art).
6.2 The prices stated on the product pages include VAT and other price components and are exclusive of shipping costs.
6.3 Deliveries within Austria: For orders over EUR 80.00, delivery within Austria is free of charge. Delivery to Germany is free of charge for orders over EUR 100.00.
6.4 Deliveries within the EU (Belgium, Bulgaria, Denmark, Germany, Finland, France, Romania, Sweden, Slovakia, Slovenia, Spain and Hungary) and Switzerland
: For deliveries within the EU (Belgium, Bulgaria, Denmark, Germany, Finland, France, Romania, Sweden, Slovakia, Slovenia, Spain and Hungary) a flat shipping fee of EUR 15.00 will generally be charged.
6.5 Other costs: If export or import duties are due during shipping, these are borne by the purchaser. The prices for the deliveries and services offered by Vilavu Shop, ERN OG do not include costs charged by third parties.
7. Delivery
7.1 Deliveries are only possible to delivery addresses within the EU (Belgium, Bulgaria, Denmark, Germany, Finland, France, Austria, Romania, Sweden, Slovakia, Slovenia, Spain and Hungary) and Switzerland.
7.2 The delivery time is 3-7 working days after receipt of the complete and error-free order.
7.3 If we are unable to accept an order, for example due to the unavailability of the goods, we will inform the customer immediately.
7.4 Delivery will be made to the address provided by the customer. If the customer provides incorrect, incomplete or unclear information, he or she will bear all resulting costs.
8. Payment
8.1 Payment can be made by credit card, Sofort Banking (Klarna), PayPal, ESP or G Pay.
8.2 Die Verrechnung erfolgt in Euro oder in allen Währungen die über den „Währungs-Switcher“ einstellbar sind.
9. Liability
9.1 Only in the event of intent or gross negligence can the customer assert claims for damages outside of the warranty claims.
9.2 The exclusion of liability does not apply in the event of injury to life, body or health or in the event of a breach of essential contractual obligations. In the latter case, liability is limited to damages that are typical for the contract and foreseeable.
9.3 In the case of a contract outside the sale of consumer goods, liability is limited to foreseeable damages typical of the contract, even in the case of gross negligence. Unless it involves injury to life, body or health.
9.4 Liability under the Product Liability Act and other mandatory statutory provisions remains unaffected.
10. Retention of title
The goods remain our property until full payment has been made.
11. Warranty
11.1 In the case of material or legal defects, the statutory provisions apply unless otherwise provided below.
11.2 Minor deviations of the delivered goods from the product offers in the web shop of ERN OG – Vilavu Shop, especially with regard to the color tone, are permissible and do not constitute defects.
11.3 The customer can only claim obvious defects in the delivered goods as well as shortages or incorrect deliveries if he complains about them in writing to ERN OG within two weeks of delivery, giving a precise description. The time of sending the complaint is decisive.
12. Copyrights
The products and motifs sold and/or used by ERN OG are protected by copyright. Use of the motifs or reproduction of the motifs or products is only permitted with the express prior written consent of ERN OG.
13. Jurisdiction
The exclusive place of jurisdiction for all disputes arising from or in connection with the concluded contract is the court location of Klagenfurt.
15. Disclosure
We will only pass on or transmit data to third parties if this is necessary for the purpose of processing the contract.
16. Miscellaneous
Austrian law applies. Should individual provisions of these General Terms and Conditions contradict the statutory provisions and be ineffective, the remaining provisions shall remain unaffected.
Maria Saal (Österreich)
Stand: Oktober, 2024