Terms and Conditions for zulu art ‚ proprietor Oskar ÷hlsasser
valid from: October 2004
§ 1 General
1. These Terms and Conditions fully and exclusively apply to the entire business-relationship with our customers. Deviations on the part of the customer require our explicit approval.
2. Orders are solely accepted by customers at least 18 years of age. We are authorised to assert the age of our customers in order to ensure the compliance with that age limit.
§ 2 Ordering and Delivery
1. The contract comes into effect as soon as the customerís order, i.e. the offer to buy, is being accepted on our part by an order confirmation. This order confirmation includes the essential contents of the customerís order.
2. In the case where an email address was not supplied with the order and zulu art thus was not able to send an order confirmation, the contract comes into effect with the delivery of the ordered goods.
3. The placement of an order via the webshop is to be understood as a preliminary product reservation. The dispatch of the goods commences following receipt of payment with the exception of C.O.D. (Cash on Delivery) in Austria. If no payment has been received within 10 days of the placement of the order the seller reserves the right to cancel the reservation and make the product available for sale.
§ 3 Prices
1. The prices apply to the depicted object according to the description, but not to accessories or decoration. The prices stated on the internet are without obligation.
2. All stated prices are retail prices and include the currently valid Austrian V.A.T.
3. All prices are in Euros.
§ 4 Delivery, shipment charges and miscellaneous costs
1. The projected delivery time is stated on the website. If this time is exceeded by not more than two weeks this does not constitute delayed delivery.
2. The delivery takes place at the buyerís risk and expense. Risk is being transferred to the buyer at handover to the carrier.
3. Shipment charges relate to the value of the order an are stated on our website.
5. Delivery abroad:
5.2 The contract comes into effect once we receive the Terms and Conditions and our order confirmation signed by the prospective buyer.
5.3 Delivery abroad will only be effected against credit card payment or on receipt of advance payment.
5.4 Costs of shipment are at the expense of the buyer and are stated separately on our order confirmation.
The adherence to customs regulations, especially payment of customs dues, is the sole responsibility of the buyer. All costs in this regard are at the expense of the buyer.
§ 5 Conditions of payment
1. Payment may be effected via advance payment, credit card or C.O.D. (cash on delivery possible in Austria only).
2. Currency of contract and invoice is EURO.
§ 6 Right to return the goods
1.The customer has the right to return the goods within a term of 7 workdays
after receipt of the goods. Saturday does not count as a workday.
It is sufficient to send off the goods within that term.
2. The costs of the reconsignment are at the expense of the customer. If the reconsignment is not sent prepaid we have to charge the incurring costs and are entitled to charge them against the purchase price that is to be refunded according to ß 5g KSchG.
3. If the returned goods are no longer in original packing, we are entitled to an appropriate fee for usage and compensation for depreciation. We are entitled to charge both against the purchase price that is to be refunded according to ß 5g KSchG.
4. The reconsignment has to be sent to the address below:
zulu art
Oskar Öhlsasser
Schulgasse 34/8
1180 Vienna
Austria - Europe
phone/fax: + 43 (699) 125 62 736
e-mail: Office@zulu-art.com
5. The Customer is obliged to use the same mode of transport for the reconsignment as was used for the original delivery.
6. In the case where the customer makes use of the right to return the goods and the goods are in fact returned to our address, the customer is to name details of the bank account where we are to refund the purchase price. Should we not receive these details we are entitled to direct the refund to the account that we have originally received payment from.
§ 7 Liability and warranty
1. Claims to warranty are to be directed to the address below
zulu art
Oskar Öhlsasser
Schulgasse 34/8
1180 Vienna
Austria - Europe
phone/fax: + 43 (699) 125 62 736
e-mail: Office@zulu-art.com
2. Claims for damages in cases of slight negligence are excluded. This applies to damages to persons as well as to damages to property accepted for handling.
§ 8 Retention of title
Until full payment the goods remain our property.
§ 9 Data protection
The customer explicitly agrees to the storage, processing and use of the data that we were provided with in the course of the order transaction on the grounds of the applicable data protection regulations. As a matter of course, this data will not be passed on to third parties.
§ 10 Miscellaneous
1. The court of jurisdiction ‚ with the exception of consumer contracts ‚ is the responsible court at the place of our registered office.
2. Austrian law applies with the exclusion of UN-C.I.S.G. (United Nations Convention on Contracts for the International Sale of Goods)
3. The ineffectualness of individual provisions does not concern the effectiveness of the contract and these General Terms and Conditions.
4. Charging counter claims of whatever nature against our claims is explicitly barred. This. however, does not apply to consumers in the case of our insolvency as well as in the case of counter claims that are legally connected to our claims, acknowledged by a court and approved by us. In these cases the consumer has the possibility to charge up against our claims.