Terms of Use

madeforsunsets GmbH

 

Managing Directors:

Belinda Christina Schachner, M.A.

Achim Wippel, MBA

 

Address: Eduard-Keil-Gasse 15, 8041 Graz, AUSTRIA

UID number: ATU76682868

Tax number: 68 793/0313

Company register number: FN 552505 h

 

Mail: hello@madeforsunsets.com

 

Regional court for ZRS Graz

Trade regulations: Trade regulations (www.ris.bka.gv.at)

Member of the trade division of the Styrian Chamber of Commerce.

Authority according to ECG: Bezirkshauptmannschaft Graz.

 

 1. General

These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts concluded via the online store www.madeforsunsets.com between madeforsunsets GmbH and consumers. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.

The inclusion of general terms and conditions or contractual conditions of the customer, which deviate from these terms and conditions, will be rejected, unless they are expressly recognized by madeforsunsets GmbH.

 

2. Conclusion of contract

By concluding an order, the customer acknowledges and agrees to these GTC.

The product presentation on the website does not represent an offer in the legal sense. It is an invitation to the customer to make an offer himself. The offer in the legal sense is made by the customer by placing an order. The confirmation of the receipt of the order takes place together with the acceptance of the order immediately after sending by an automated mail notification. With this mail confirmation, the purchase contract is concluded.

In the overview of the assortment of the online store www.madeforsunsets.com, the customer can select the product(s) he wants by clicking on the button "Add to cart". The selected goods are temporarily stored in the shopping cart during the Customer's visit to the www.madeforsunsets.com website. By clicking the button "Proceed to checkout" next to the goods listed in the shopping cart, the ordering process is continued. On the following page, the customer is requested to register for the online store, if he already has an account, or to register for the first time. It is also possible to place an order as a guest customer. The customer then selects the delivery location and payment method of his choice and enters the data required for the execution of the payment and delivery. When choosing external payment services such as PayPal, Klarna, Sofortüberweisung, the customer is redirected to the external website of the respective payment service provider. Before the order is placed, the data relevant to the order is summarized in an "order summary". The customer is free to review and, if necessary, correct the information in the order overview before sending the order to madeforsunsets GmbH by clicking on the button "Submit & Pay". By clicking on the button "Send & Pay", the customer makes a binding offer to purchase the goods he has selected.

Upon receipt of the order, madeforsunsets GmbH will send an e-mail notification to the e-mail address provided by the customer, confirming receipt of the order and stating its contents (hereinafter referred to as "order confirmation"). If madeforsunsets GmbH rejects the conclusion of the contract, the customer will be informed immediately by mail.

The contract text, i.e. the information provided by the customer regarding the order process, is stored by madeforsunsets GmbH and can be viewed by the customer under the link "My Account" à "My Orders". Independently of this, madeforsunsets GmbH sends an order confirmation and these GTC to the e-mail address provided by the customer.

 

3. Right of withdrawal

The following cancellation policy applies to contracts for goods that can be sent as a package by mail or other shipping service provider.

 

3.1 Right of withdrawal for goods that can be sent as parcels

Consumers have the right to cancel this contract within 14 days without giving any reason. The statutory revocation period is 14 days from the day on which the customer or a third party named by him, who is not the carrier, last took possession of the goods.

In order to exercise the right of withdrawal, the customer must inform madeforsunsets GmbH by means of a clear declaration (for example a letter or mail sent by post) of the decision to withdraw from this contract.

 

3.2 Consequences of the revocation

If the customer revokes this contract, madeforsunsets GmbH shall repay all payments received, including the initial delivery costs (with the exception of additional costs resulting from the fact that a type of delivery other than the cheapest standard delivery offered was selected), without delay and no later than 14 days from the day on which the notification of revocation of this contract was received. For this repayment, the same means of payment will be used that was used for the original transaction, unless expressly agreed otherwise with the customer; in no case will any fees be charged due to this repayment.

madeforsunsets GmbH may refuse repayment until it has received the goods back or until the customer has provided proof that the goods have been returned, whichever is the earlier. The customer must pay for any loss in value of the goods only if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods. The goods should be returned immediately and in any case no later than 14 days from the revocation of this contract, to

 

madeforsunsets GmbH

Eduard-Keil-Gasse 15

8041 Graz

Austria

 

The deadline is met if the customer demonstrably sends the goods before the deadline of 14 days. The direct costs of the return are to be paid by the consumer. Unfree returns cannot be accepted by the warehouse.

The model cancellation form can be used for this purpose.

 

3.3 Exceptions to the right of withdrawal

The consumer has no right to withdraw from distance or off-premises contracts for

  • Goods or services, the price of which depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur within the withdrawal period,
  • Goods that are made to customer specifications or clearly tailored to personal needs,
  • Goods that can spoil quickly or whose expiration date would be quickly exceeded,
  • Goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that their seal has been removed after delivery,
  • Goods that have been inseparably mixed with other goods after delivery due to their nature,
  • Goods that have been intentionally or unintentionally damaged due to improper use.

 

Prices

All product prices quoted include the statutory value added tax. Price errors are reserved. If the correct price is higher, the customer will be contacted; in this case a contract will only be concluded if the customer wishes to buy at the actual price. If the correct price is lower, this price will be charged.

 

Shipping costs & delivery conditions

In addition to the stated product prices, shipping costs are incurred depending on the country of delivery. From a certain order value, these are not applicable. You can find out more about the shipping costs and the threshold value here. The applicable sales tax is included in the shipping costs.

Unless otherwise agreed, delivery will be made to the address specified by the customer. The estimated delivery time is indicated directly in the shopping cart. The delivery time starts one day after the day of the conclusion of the contract.

The madeforsunsets GmbH is not responsible in case of delivery obstacles in the area of suppliers or manufacturers. If the delivery or the compliance with an agreed delivery time becomes impossible due to circumstances beyond the control of madeforsunsets GmbH, madeforsunsets GmbH is entitled to withdraw from the contract in whole or in part. The customer will be informed immediately. Claims for damages are excluded in this case. The customer will be informed about existing delivery restrictions before the order process starts.

 

Due date and retention of title

The purchase price is due upon conclusion of the contract. Delivered goods remain the property of madeforsunsets GmbH until full payment has been received.

 

Terms of payment

Payment is processed via the payment service provider "Shopify Payments". The madeforsunsets GmbH accepts the payment methods credit card (Visa, MasterCard, Maestro, American Express), Apple Pay, Google Pay and Klarna Sofort & Rechnung.

  • Credit card (Visa, MasterCard, Maestro, American Express): When paying by credit card, the credit card will be charged after the order is completed. This happens immediately even if the goods are not in stock and can only be shipped in a few days.
  • Google Pay: In order to pay the invoice amount via the payment service provider Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland ("Google"), a Google account with the Google Pay function is required. The payment transaction is carried out immediately after the order is placed.
  • Apple Pay: To be able to pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), the browser "Safari" and an Apple account are required. The payment transaction is carried out immediately after the order is placed.
  • Klarna: Klarna Sofort & Klarna Rechnung are offered through the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna"). Unless otherwise provided below, payment via Klarna requires a successful address and credit check and is made directly to Klarna.

Further information can be found at the respective payment option in the order process.

 

Warranty

Unless otherwise specified, the general statutory provisions apply. The warranty is excluded in case of defects caused by the customer. This is especially the case with improper handling, incorrect operation or unauthorized repair attempts.

The shortened limitation period does not apply to damages caused by a grossly negligent breach of duty by madeforsunsets GmbH or by an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of madeforsunsets GmbH. Furthermore, the shortened limitation period does not apply to claims for damages due to negligent or intentional breach of essential contractual obligations. Essential contractual obligations are obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer may regularly rely.

If goods are delivered with obvious transport damage, the customer should immediately complain to the deliverer and contact us as soon as possible. Failure to make a complaint or contact us has no consequences on the legal warranty claims of consumers and only serves to support the supplier to assert his claims against the company responsible for the delivery of the goods or the insurance.

If a manufacturer's warranty exists, the customer must assert the claims arising from this warranty directly against the manufacturer. The liability of madeforsunsets GmbH from the warranty is excluded.

 

Exclusion of liability

Claims for damages of the customer against madeforsunsets GmbH are excluded, as far as madeforsunsets GmbH or its vicarious agents have not acted intentionally or grossly negligent.

This does not affect liability for damages resulting from injury to life, body and health, for negligent or intentional breach of essential contractual obligations or insofar as liability is mandatory under the Product Liability Act or for culpa in contrahendo or for other breaches of duty or tortious claims for compensation for property damage. Material contractual obligations are obligations the fulfillment of which is essential for the proper performance of the contract and compliance with which the customer may regularly rely on.

 

Right of set-off, right of retention

The client is not entitled to offset against claims of madeforsunsets GmbH unless the client's counterclaims have been legally established or are undisputed. The customer is also entitled to offset against claims of madeforsunsets GmbH if he asserts complaints or counterclaims from the same purchase contract.

The customer may only exercise a right of retention if his counterclaim is based on the same purchase contract.

 

Data protection

Provisions on data protection are contained in the privacy policy.

 

Protection of minors

The sale of alcohol to young people under the age of 18 is prohibited by law. The offers of madeforsunsets GmbH regarding alcohol are therefore directed exclusively to adults. With the order the customer assures that the recipient of the goods is older than 18 years.

 

Amendment of the General Terms and Conditions / Reservation of Right to Amend

madeforsunsets GmbH is entitled to change these general terms and conditions unilaterally, as far as this is necessary for the elimination of subsequent equivalence disturbances or for the adjustment to changed legal or technical basic conditions. Customers will be informed of any changes by madeforsunsets GmbH to the last known e-mail address of the customer, stating the content of the changed regulations. The change will become part of the contract if the customer does not object to the inclusion in the contractual relationship of madeforsunsets GmbH in writing or text form within six weeks after receipt of the change notification.

 

Severability clause

If any provision of these General Terms and Conditions should be invalid, the validity of the remaining provisions shall not be affected thereby.

 

Contract language

The language available for the conclusion of the contract is German.

 

Contractual law

Austrian law is applied to the contractual relationship.

 

Arbitration board and online dispute resolution

In case of disputes, madeforsunsets GmbH undertakes to participate in the arbitration procedure of the Internet Ombudsman's Office: www.ombudsstelle.at.

In case of problems, customers can submit a complaint via this platform and have it processed by an independent dispute resolution body: https://ec.europa.eu/consumers/odr.

 

There is the possibility of written contact at hello@madeforsunsets.com.

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