TERMS AND CONDITIONS
R.Waisenhorngasse 86/2, 1230 Wien
Identification number: FN405130f
for the sale of goods via the online shop located at www.seoulbeautysoul.net
1. INTRODUCTORY PROVISIONS
o These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of the trading company FalkeON e.U. , with registered office at R.Waisenhorngasse 86/2, 1230 Wien identification number: FN 405130f, (hereinafter referred to as "Seller") regulate in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll, Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural or legal person (hereinafter referred to as the "Buyer") via the Seller's online shop. The online shop is operated by the Seller on the website located at www.seoulbeautysoul.net (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Shop Web Interface").
o Articles 5.1, 5.2, 5.3, 5.4, 5.5, 7.1, 7.2, 7.3, 7.4, 7.5, 7.6, 8.2 and 8.3 of these Terms and Conditions do not apply to cases where the Buyer, who intends to purchase goods from the Seller, is acting in the course of its business (not a consumer) when ordering goods.
o The provisions of the terms and conditions are an integral part of the contract of sale. The contract of sale and the terms and conditions are drawn up in Czech, German or English, always according to the buyer's choice. The contract of sale may be concluded in English. These terms and conditions are permanently available on this website and the buyer must agree to them if he wishes to place an order.
o The Seller may change or amend the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the validity of the previous version of the terms and conditions.
2. CONCLUSION OF THE PURCHASE CONTRACT
o All presentation of the goods on the web interface of the shop is for information purposes only and the seller is not obliged to conclude a purchase contract in respect of these goods. The provisions of Section 1732(2) of the Civil Code shall not apply. The information about the goods on the website is not a binding offer within the meaning of Section 1732(1) of the Civil Code and is for information purposes only. The photographs on the website are for illustrative purposes only. Section 1732(2) of the Civil Code does not apply.
o Information on prices of goods is binding. The prices of the goods are inclusive of value added tax and all related charges, excluding any delivery costs or any costs for payment for the goods. The prices for these items are listed in the online shop. Prices remain valid for as long as they are displayed in the web interface of the shop
o The web interface of the shop contains information about the goods, including the prices of the individual goods and the cost of returning the goods if they cannot, by their nature, be returned by the usual postal route. The prices of the goods are inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed on the web interface of the shop. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms.
o The web interface of the shop also contains information on the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods provided in the web interface of the shop is valid only in cases where the goods are delivered within the territory of the Austria, Germany, Czech and Slovakia.
o To order goods, the buyer shall fill in the order form in the web interface of the shop. The order form contains in particular information about:
< Ordered goods
< The method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods and
< Information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").
o Prior to sending the Order to the Seller, the Buyer shall be allowed to check and change the data entered by the Buyer in the Order, including with regard to the Buyer's ability to detect and correct any errors made in entering data into the Order. The Buyer shall send the order to the Seller by clicking on the "Complete Order" button. The data provided in the order is considered correct by the Seller. The Seller shall confirm receipt of the order to the Buyer immediately upon receipt by e-mail to the Buyer's e-mail address specified in the order (hereinafter referred to as the "Buyer's e-mail address"). The conclusion of the Purchase Contract between the Seller and the Buyer shall take place upon confirmation of the Order by the Seller sent to the Buyer's e-mail address specified in the Order. The Purchase Contract is concluded in English; it will be stored with the Seller for the relevant statutory period. If the Buyer finds any discrepancy in this confirmation, he is obliged to contact the Seller immediately by e-mail or telephone. The contractual relationship between the Seller and the Buyer shall be established either a) by delivery of the order acceptance (acceptance), which is sent to the Buyer by the Seller, to the Buyer's e-mail address, which the Buyer has provided to the Seller in the order or b) by notification by the Seller of the dispatch of the goods according to the order via the web interface of the shop. Confirmation of the content of the purchase contract concluded in a form other than in writing, which shows deviations from the actually agreed content of the contract, has no legal effect. Confirmation of unsolicited performance by the Buyer does not constitute acceptance of the offer.
o Depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the order (e.g. in writing or by telephone).
o The contractual relationship between the Seller and the Buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by e-mail to the Buyer's e-mail address.
o The Buyer agrees to the use of remote means of communication in concluding the purchase contract. The costs incurred by the Buyer in using distance communication means in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) shall be borne by the Buyer, without any difference from the basic rate.
o The Buyer acknowledges that the Seller is not obliged to conclude the Purchase Contract, in particular with persons who have previously substantially breached their obligations towards the Seller.
o The Buyer agrees to the use of remote means of communication for the conclusion of the Purchase Contract.
o A duly filled in order placed by the Buyer via the online shop www.seoulbeautysoul.net or by telephone is a binding proposal for the conclusion of a purchase contract with the Seller, and the Buyer is bound by his proposal for the conclusion of the purchase contract for a period of 21 days from the date of sending the order.
o The Seller shall promptly acknowledge receipt of the order within the meaning of Section 1827(1) of the Civil Code by e-mail to the e-mail address provided by the Buyer in the order, whereby such acknowledgement does not constitute acceptance of the proposal to enter into a purchase contract. The purchase contract itself is concluded by the acceptance of the proposal for the conclusion of the purchase contract by the Seller, where acceptance is deemed to be the dispatch of the goods by the Seller to the Buyer or the express acceptance of the proposal for the conclusion of the purchase contract by the Seller by e-mail or telephone.
The buyer has the right to cancel the order, i.e. to withdraw his proposal for the conclusion of the purchase contract, without any penalty until the goods are dispatched. The Buyer is obliged to notify the Seller of this fact by e-mail or telephone.
o If the buyer wishes to cancel an order for goods that have been specially ordered for him by agreement, a cancellation fee of 50% of the purchase price of the goods is stipulated.
o The purchase contract is concluded in the Czech language. After conclusion, the purchase contract is archived only for the time necessary for its processing, during which time it may be made available upon written request of the consumer. Changes to the order and corrections of errors may be made until the goods are handed over for dispatch.
3. PRICE OF GOODS AND PAYMENT TERMS
o The price of the goods and any costs associated with the delivery of the goods under the contract of sale may be paid by the buyer to the seller in the following ways:
cash on delivery at the place specified by the Buyer in the order;
by wire transfer to the Seller's account no. AT151200022120015800, maintained with Bank Austria Creditanstalt, (hereinafter referred to as the "Seller's account");
- In the case of payment by bank transfer, the buyer will be sent information about the payment and payment terms to the e-mail address provided. After the purchase price including postage is credited to the seller's account, a tax document will be sent to the buyer at the e-mail address provided. The buyer is obliged to mark the payment with a variable symbol, which is the order number. In the case of online payment by credit card, a tax document will be sent to the buyer at the address indicated after the payment has been received. In the case of cash on delivery, the tax receipt will be sent with the goods.
- Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.
- The Seller does not require a deposit or any other similar payment from the Buyer. This is without prejudice to the provisions of Article 6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
- In the case of payment in cash or in the case of payment on delivery, the purchase price is payable on receipt of the goods. In the case of non-cash payment, the purchase price is payable within 3 days of the conclusion of the purchase contract.
- In case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.
- The Seller shall be entitled, in particular in the event that the Buyer fails to confirm the order subsequently (Article 6), to require payment of the full purchase price before the goods are dispatched to the Buyer. Section 2119 (1) of the Civil Code shall not apply.
- If it is customary in the course of business or if provided for by generally binding legal regulations, the Seller shall issue a tax document - invoice - to the Buyer in respect of payments made under the Purchase Agreement. The Seller is not subject to value added tax. The Seller shall issue the tax document - invoice to the Buyer after payment of the price of the goods and send it in electronic form to the Buyer's electronic address.
4. WITHDRAWAL FROM THE PURCHASE CONTRACT
o The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from, among other things, a contract of sale for the supply of goods that have been modified according to the wishes of the Buyer or for his person, from a contract of sale for the supply of perishable goods, as well as goods that have been irreversibly mixed with other goods after delivery, from a contract of sale for the supply of goods in sealed packaging that the consumer has removed from the packaging and cannot be returned for hygienic reasons.
o If this is not the case referred to in Article 1 of the Terms and Conditions or in any other case where the purchase contract cannot be withdrawn from, the purchaser has the right to withdraw from the purchase contract within fourteen (14) days of receipt of the goods in accordance with the provisions of Section 1829(1) of the Civil Code. The withdrawal from the purchase contract must be sent to the Seller within the period specified in the previous sentence. To withdraw from the Purchase Contract, the Buyer may use the sample form provided by the Seller, which forms an annex to the Terms and Conditions. The Buyer may send the withdrawal from the Purchase Contract, inter alia, to the Seller's registered office address or to the Seller's e-mail address firstname.lastname@example.org.
o The Buyer shall bear the direct costs associated with the return of the goods. The Buyer shall send the goods back to FalkeON e.U. , R.Waisenhorngasse 86/2, 1230 Wien
o The Buyer is only liable for any diminution in the value of the goods due to handling of the goods in a manner other than that necessary to familiarise himself with the nature and characteristics of the goods, including their functionality.
o The Seller has the right to withdraw from the contract (cancel any confirmed order or part thereof) in the following cases:
the manufacturing or wholesale price of the ordered goods has changed significantly,
unforeseen events (force majeure, war, riots, labour struggles, official measures, shortages of energy or raw materials, or malfunctions),
insolvency or poor payment record of the buyer,
the Buyer has not taken delivery of all goods on the agreed date for previous orders or has not fulfilled his payment obligations to the Seller.
o In the event of withdrawal from the Purchase Contract pursuant to Article 2 of the Terms and Conditions, the Purchase Contract shall be cancelled from the outset. The Goods must be returned by the Buyer to the Seller within fourteen (14) days of the Seller's receipt of the withdrawal from the Purchase Contract. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs associated with the return of the goods to the Seller, even if the goods cannot be returned by normal postal means due to their nature.
o In the event of withdrawal from the Purchase Agreement pursuant to Article 6.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the Purchase Agreement in the same manner as the Seller received them from the Buyer. The Seller shall also be entitled to return the performance provided by the Buyer already upon return of the goods by the Buyer or in another manner, provided that the Buyer agrees and no additional costs are incurred by the Buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him or proves that he has sent the goods to the seller.
o The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn out or partially consumed, the Seller shall be entitled to compensation from the Buyer for the damage caused to the Buyer. The Seller is entitled to unilaterally set off the claim for payment of the damage against the Buyer's claim for reimbursement of the purchase price.
o The Seller is entitled to withdraw from the Purchase Contract at any time until the Buyer has accepted the goods. In such case, the Seller shall refund the purchase price to the Buyer without undue delay, without any delay, by cash to the account designated by the Buyer.
o The Seller is entitled to unilaterally set off the claim for payment of damages to the goods against the Buyer's claim for refund of the purchase price.
o In cases where the buyer has the right to withdraw from the purchase contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time until the buyer takes over the goods. In this case, the Seller shall refund the purchase price to the Buyer without undue delay, in cash to the account designated by the Buyer.
o If a gift is given to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the purchase contract, the gift contract with respect to such gift shall cease to be effective and the Buyer shall be obliged to return the gift together with the goods to the Seller.
5. TRANSPORT AND DELIVERY OF THE GOODS
o In the event that the method of transport is agreed upon at the Buyer's specific request, the Buyer shall bear the risk and any additional costs associated with this method of transport.
o If the seller is obliged under the contract of sale to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take delivery of the goods on delivery.
o In the event that for reasons on the Buyer's side it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.
o Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects notify the carrier immediately. In the event that the packaging is found to have been tampered with, the Buyer may not accept the shipment from the carrier.
o Other rights and obligations of the parties in the carriage of the goods may be regulated by the Seller's special delivery conditions, if issued by the Seller.
6. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
o The rights and obligations of the contracting parties with regard to rights of defective performance are governed by the relevant generally binding legal provisions (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
o The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took over the goods:
the goods have the characteristics agreed between the parties and, in the absence of an agreement, have the characteristics described by the seller or the manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them,
the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,
the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,
the goods are in the appropriate quantity, measure or weight; and
the goods comply with the requirements of the legislation.
o The provisions set out in Article 2 of the Terms and Conditions shall not apply to goods sold at a lower price to the defect for which the lower price was agreed, to wear and tear caused by normal use, to a defect in second-hand goods corresponding to the degree of use or wear and tear which the goods had when taken over by the buyer, or if this is apparent from the nature of the goods.
o The seller shall indicate on the goods sold the shortest period of durability, or, where applicable, the period for which the goods may be used.
o The rights arising from defective performance shall be exercised by the buyer at the seller's registered office or place of business.
o If an incomplete order is delivered to the buyer, the buyer is obliged to inform the seller immediately. If he fails to do so, he runs the risk that a subsequent claim will not be accepted. Claims for incomplete shipments can be made by e-mail at email@example.com.
Other rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's Complaints Regulations.
7. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
o The Buyer acquires ownership of the Goods upon payment of the full purchase price of the Goods.
o The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
o Consumer complaints are handled by the Seller via the electronic address: firstname.lastname@example.org o The Seller shall send the Buyer's complaint to the Buyer's electronic address.
o The Seller is authorised to sell goods on the basis of a trade licence. The trade control is carried out within the scope of its competence by the competent trade office. Supervision of personal data protection is carried out by the Office for Personal Data Protection. The Trade Inspection Authority supervises compliance with Act No 634/1992 Coll., on consumer protection, as amended, within the defined scope.
o The Buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.
o The Buyer undertakes to read the contents of the package leaflet before using the goods. It is the Buyer's obligation to comply with the recommended daily dosage of the goods, failing which the Seller shall not be liable for any damage caused to the Buyer.
8. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
o The Buyer consents to the sending of information related to the Seller's goods, services or business to the Buyer's electronic address and further consents to the sending of commercial communications by the Seller to the Buyer's electronic address.
o Buyer may be served at Buyer's electronic address. Unless otherwise agreed, all correspondence relating to the Purchase Agreement must be delivered to the other party in writing by electronic mail, in person or by registered mail through a postal service provider (at the sender's option). The Buyer shall be delivered to the e-mail address specified in his/her user account.
10. CONTROLLING AUTHORITY
o The Seller is authorised to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade authority. Supervision over the area of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, within a defined scope. Supervision of the safety, quality and proper labelling of food is carried out by the State Agricultural and Food Inspection Authority.
11. FINAL PROVISIONS
o If the relationship established by the Purchase Contract contains an international (foreign) element, the parties agree that the relationship shall be governed by Austrian law.
o The consumer's choice of law pursuant to Article 1 of the Terms and Conditions does not deprive the consumer of the protection afforded by the provisions of the legal order which cannot be derogated from contractually and which would otherwise apply in the absence of a choice of law pursuant to Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
o If a provision of the terms and conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
o The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
o A sample form for withdrawal from the contract of sale is attached to the terms and conditions.
o Contact details of the Seller:
R.Waisenhorngasse 86I2, 1230 Wien, e-mail address
In Vienna on 22 March 2021
Model notice of right of withdrawal and model withdrawal form
1. a) Model notice of right of withdrawal
1. Right of withdrawal
1.1 "You have the right to withdraw from this contract within 14 days without giving any reason."
1.2 "You have the right to withdraw from this contract without giving any reason within 14 days from the day after (...................................................)"
Insert one of the texts listed below in quotation marks in place of the omitted text:
(a) "conclusion of the contract",
b) in the case of the conclusion of a contract of sale: "when you or a third party (other than the carrier) appointed by you take delivery of the goods",
(c) in the case of the conclusion of a contract for several goods or for the delivery of several parts: 'when you or a third party designated by you (other than the carrier) take delivery of the last delivery of the goods'; or
(d) in the case of a contract for the periodic delivery of goods over a specified period: "'when you or a third party designated by you (other than the carrier) take delivery of the first delivery of the goods'.
1.3 "In order to exercise your right of withdrawal, you must inform (insert your name, business name, registered office address and, if applicable, your telephone and fax number and e-mail address) of your withdrawal from this contract by unilateral legal action (for example, by letter sent via the postal service provider, fax or e-mail). You may use the attached sample withdrawal form, but you are not obliged to do so."
If you offer on your website the possibility for the consumer to fill in and send the withdrawal information electronically, insert the following: "You can also electronically complete and submit a withdrawal form or any other unambiguous statement on our website (insert internet address). If you make use of this option, we will send you a confirmation of receipt of this withdrawal notice immediately.".
1.4 "In order to comply with the deadline for withdrawal from this contract, it is sufficient to send the withdrawal before the expiry of the relevant deadline."
2. Consequences of withdrawal
2.1 "If you withdraw from this contract, we will refund all payments we have received from you, including delivery costs, without undue delay and no later than 14 days from the date we received your notice of withdrawal (excluding any additional costs incurred as a result of your chosen method of delivery being other than the cheapest standard delivery method offered by us). We will use the same means of payment you used to make the initial transaction for the refund, unless you have expressly stated otherwise. In any case, you will not incur any additional costs."
If you enter into a contract of sale in which you do not offer to collect the goods on withdrawal, insert the following: "We will only refund payment upon receipt of the returned goods or proof that you have sent the goods back, whichever is sooner.".
2.2 If the consumer has received the goods under contract, insert here the text corresponding to one of the following:
(a) Receipt of the goods
If you offer to take delivery of the goods from the consumer: "We will collect the goods".
Otherwise: 'Return the goods without undue delay, within 14 days of the date of withdrawal from this contract, or hand them over to (insert your name/company name, name, registered office address or, where applicable, the name and address of the person authorised to take delivery of the goods). The time limit is deemed to be observed if you send the goods back to us before the expiry of the 14 days.
b) Costs associated with the return of the goods
If you offer to bear the costs of returning the goods: "The costs of returning the goods will be borne by (insert your name/business name, name, registered office address).".
Otherwise: 'You will bear the direct costs of returning the goods'.
If you do not offer to bear the costs of returning the goods in the distance contract and if the goods cannot, by their nature, be returned by normal postal means: "You shall bear the direct costs of returning the goods in the amount of (insert amount) EURO.".
If the cost of returning the goods cannot reasonably be calculated in advance: "You will bear the direct costs of returning the goods. The maximum cost is estimated at (insert amount) EURO.".
If, under an off-premises contract, the goods cannot by their nature be returned by the usual postal route and were delivered to the consumer's home at the time the contract was concluded: 'We will collect the goods at our own expense'.
(c) Liability for diminished value of returned goods
"You shall only be liable for any diminution in the value of the goods as a result of handling the goods in a manner other than that necessary to familiarise yourself with the nature and characteristics of the goods, including their functionality."
2.3 If you enter into a contract for the provision of services or a contract relating to the supply of water, gas or electricity, unless sold in a limited volume or specified quantity, or district heating heat, insert the following: "If you have requested that the provision of services or the supply of water/gas/electricity/distance heating heat (delete as appropriate) commence during the withdrawal period, you will pay us an amount proportionate to the extent of the services provided up to the time you informed us of your withdrawal, compared to the total extent of the services set out in the contract".
1b) Sample withdrawal form
(fill in this form and only send it back if you want to withdraw from the contract)
Notice of withdrawal
- Addressee (here the entrepreneur shall insert the name and surname/business name, registered office address and, if applicable, the fax number and e-mail address of the entrepreneur):
- I/We hereby notify (*) that I/We hereby withdraw (*) from the contract for the purchase of these goods (*)/the provision of these services (*)
- Date of order (*)/date of receipt (*)
- Name and surname of consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if this form is sent in paper form)
(*) Delete where not applicable or complete the information