Terms and Conditions
I. General conditions, scope
These General Terms and Conditions of So'Vie GmbH, in their currently valid version, are intended for end-users and apply to every utilization of this website (www.so-vie.at), in particular to each order placed in the online store. In the event of changes to these General Conditions, the version published on the Internet at the time of order placement applies.
1. PARTIES TO THE CONTRACT
Tel.: +43 664 9159715
Email address: firstname.lastname@example.org
Commercial Court of Vienna
BANK: IBAN AT72 3200 0000 1319 5540
Company Registration Number: 538132x
Taxpayer Identification Number: ATU75822479
Email address: email@example.com
The place of performance is the legal domicile of the company So'Vie GmbH at Wipplingerstrasse 15/5, 1010 Vienna.
2. COMPENSATION FOR DAMAGES
Claims against So'Vie GmbH for damages in connection with the use of this website and in connection with legal transactions with So'Vie GmbH are excluded, except when the individual or So'Vie GmbH, or the person whom So 'Vie GmbH is responsible for, experienced the damage caused intentionally or through gross negligence; this must be proven in every case, except in consumer transactions. Any further liability, except for claims under the Product Liability Act, is excluded. In particular, compensation for indirect damage (defect), as well as other property damage, financial losses, and damage caused by third parties in relation to the customer are excluded, except in cases with a consumer transaction.
All information has been carefully researched. However, errors or spelling mistakes cannot be completely ruled out.
The maximum amount of obligations to be paid is set at twice the amount of the order paid (= value of the goods excluding delivery).
So'Vie GmbH is the sole owner of this home page and its content including texts, graphics, images, layouts, etc. Any use (storage, distribution, alteration of any kind, etc.) requires the written consent of So'Vie GmbH.
II. Online orders
- CONCLUSION OF AGREEMENT FOR ONLINE ORDERS
The following data from the customer is required in order to place an order in the So'Vie online store: full name, address, if necessary, another delivery address, a valid email address.
After completing the order, the customer receives a confirmation by email, which must be fully checked for correctness and stored.
An order made in the online store does not constitute a contract between So'Vie GmbH and the customer. This is considered an offer made by a customer. The contract is concluded only when the goods are transferred during the delivery process.
The shipping cost is €5 in consideration of 20% tax. The customer does not pay for shipping for a product with a price above 50 euros.
Prices are presented in Euros and include the value-added tax established by Austrian law. In addition, delivery is possible only within Austria.
So'Vie GmbH delivers the goods to the specified address in Austria. Delivery is carried out at the expense of the customer.
The delivery period stated by So'Vie GmbH should be considered as indicative and therefore not binding. In case the specified delivery time was not met, the customer is entitled to exercise his right of withdrawal only when a delay of at least two weeks has been established. Delays caused by unforeseen circumstances, force majeure, etc., are excluded and postpone the delivery of the production for the duration of the event.
As soon as the good leaves the warehouse of So'Vie GmbH., the customer receives a confirmation email from the company as well as an email with a confirmation from the supplier (e.g. post or DPD) with the corresponding tracking number.
2. PAYMENT TERMS / TRANSFER OF OWNERSHIP
Payment in the online store is possible to be proceeded by credit card, bank transfer, via Apple Pay, and PayPal (account required).
The following credit cards are accepted for payment: Visa, Mastercard, Diners Club, American Express, debit cards.
The processing/transmission of data is carried out over encrypted channels with the highest security standards through our partner Stripe, which debits the amount from your credit card upon successful payment. However, the production remains the property of So'Vie GmbH until full payment is received on our account.
When the goods are sent, the customer will receive a confirmation of shipment and a tracking number of the parcel.
Invoices can be requested at firstname.lastname@example.org.
Delivery is carried out by courier/parcel service (e.g. POST, DPD, etc.)
The average delivery time is 2-4 business days but might vary depending on the season and conditions.
In case the delivery through the courier service is not possible, and the goods are returned to So'Vie GmbH, the customer is not entitled to re-delivery or refund of the shipping costs.
4. RIGHT TO RETURN GOODS / RIGHT TO CANCEL THE CONTRACT
A legally binding contract is only created when the ordered product is handed over to the customer. Austrian consumer protection law grants consumers the right to withdraw online orders within two weeks without explaining the reason.
The day the good is handed over to the client or an authorized person is considered to be the end of the term. The customer has the opportunity to exercise his right to withdraw the order within fourteen days. This can be done either by post (registered letter) or by e-mail email@example.com.
After the refusal, the customer is obliged to return the good to So'Vie GmbH at his/her own expense within fourteen days, to the address
Wipplingerstrasse 15/5, 1010 Vienna.
Thus, So'Vie GmbH undertakes to reimburse the customer the entire amount paid, including shipping costs (in case it does not exceed the standard shipping cost) within 14 days, using the previously proceeded payment method. So'Vie GmbH may refuse to refund money until the good has been returned to So'Vie GmbH, at
Wipplingerstrasse 15/5, 1010 Vienna, or with the proof of shipment.
The customer is obliged to return the goods to So'Vie GmbH immediately, but no later than 14 days after receiving the order withdrawal.
So'Vie GmbH would like to point out that the returned item must be in perfect condition with all packaging components intact. Also, the return shipping costs must be paid. Otherwise, So'Vie GmbH is entitled to transfer a lower amount.
Exclusion of the right to withdraw goods
The right to withdrawal according to the Distance Selling Regulations, paragraph 18 does not apply if
• the goods were produced according to the customer's specifications (private label products) or clearly tailored to his individual needs
• the goods are perishable, or the expiration date is coming to an end
• the delivered item is sealed and not eligible for return due to health or hygiene reasons if the case seal has been removed/torn off after delivery;
• the items have been inseparably mixed with other items after delivery due to their nature.
III. Orders of individual products - Private orders
Products made individually at the request of the customer (= private label) are accepted and paid by the customer in any case, if they were made on the agreed terms and within the agreed time frame. Even in the case of force majeure (natural disasters, pandemics, official closings, etc.), the products are accepted by agreement.
Individual agreements (terms of payment, delivery time, etc.) can be found in the corresponding confirmation of the order.
5. RETURN OF THE GOODS
Returns of goods are only permitted if So'Vie GmbH has been notified in the written form (by post, fax, or e-mail) or if the customer has exercised his right of withdrawal within the specified time frame and in the prescribed manner. Returns are only possible in accordance with the direct instructions of So'Vie GmbH. Return dispatches carried out without prior instruction from So'Vie GmbH exclude a refund of the purchase price as well as re-shipment of the goods.
Even with the duty of good faith, there is a possibility that the product will not live up to expectations. In this case, our customers are encouraged to contact So'Vie GmbH directly
Mon – Thu from 10.00 to 16.00, Fri from 10.00 to 16.00,
via phone +43 660 717 5848 or via postal address:
Wipplingerstrasse 15/5 1010 Vienna
V. Warranty obligations
The ordered product leaves So'Vie GmbH in perfect condition. Nevertheless, if any product is found to be defective, the customer is obliged to notify So'Vie GmbH immediately in written form (via post or e-mail).
Warranty claims arising from defects will expire within the statutory warranty period of two years from the date of delivery or performance. In case of defects in title, this period starts from the moment the defect is discovered. In case of justified defects, the customer has the choice between the elimination of the defect and free replacement, with the obligation to give the customer a chance for improvement. If neither correction nor replacements are feasible (due to excessive effort, the inability of replacement, unreasonable delay in time, etc.), then the price may be reduced. Only in case, it is also considered impractical the customer has the right to terminate the contract.
If necessary and only at the request of So'Vie GmbH, the customer can return the defective product; this is done at the expense and risk of So'Vie GmbH. Changes to the product range obviously are not considered as defects.
2. SHIPPING DAMAGE
The conclusion of a sales contract between So'Vie GmbH and the Customer becomes legally binding upon delivery of the good by the authorized courier service/parcel delivery company or similar companies to the Customer or an authorized person.
So'Vie GmbH is responsible for transport/loss/damage to the goods prior to delivery. This is not applicable if the customer arranges transportation on his own. In this case, the risk passes to the buyer when the goods are handed over to the carrier.
In the event of shipping damages, you are obliged to contact the carrier (post office, DPD, etc.) immediately, but no later than two days after receiving the product. Otherwise, So'Vie GmbH will not be able to satisfy the claim.
VI. Judicial competence and applicable laws
The laws of the Republic of Austria apply exclusively; conflict of law rules are expressly excluded, UN Convention on Contracts for the International Sale of Goods. The place of delivery and provision of services is the destination of the delivery/service. The judicial jurisdiction over all disputes, in particular, disputes arising in connection with the formation, termination, cancellation, invalidity of the contract, is located in Vienna.
Status/legality: July 2020, Vienna