A. E. KÖCHERT

General Terms and Conditions of Business

General Terms and Conditions of Sale and Delivery for the online store of A.E. Köchert Juweliere GmbH

1. General

The Terms and Conditions defined here apply to all orders at the online store of A.E. Köchert Juweliere GmbH (referred to in the text below as “AEK”) and to any contracts, deliveries or other services between AEK and Customers.

Rules deviating from these shall not be applicable.

Any collateral agreements shall require written consent on our part.

2. Orders

Presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalogue.

The pieces of jewellery offered in the AEK online store are an invitation to Customers to submit to AEK an offer to purchase goods subject to the Terms and Conditions detailed in the AEK online store.

By clicking on the “Send order” button, the Customer is submitting a binding offer for the goods contained in the shopping basket. 

Confirmation of acceptance of the offer and the resultant conclusion of contract is sent to the e-mail address provided by the Customer after receipt of the order.

AEK reserves the right not to accept the offer from the Customer without providing reasons for doing so. The offer will not be accepted in particular if an item is not available, invoices based on earlier deliveries have not been paid without justification, the credit card check has not been concluded successfully, or otherwise justified doubts exist regarding the creditworthiness of the Customer.

In this case, AEK shall notify the Customer of this as quickly as possible.

If an ordered product is permanently undeliverable, AEK reserves the right to revoke a contract which has already been concluded.

3. Delivery, dispatch and return

Delivery time is 2 to 5 days from receipt of the order or the crediting of the invoice amount in the AEK account.

The Customer shall be notified immediately by AEK in the event of a delay.

The place of fulfilment for goods deliveries and other services provided by AEK is the head office of AEK.

Up to confirmation of acceptance by the recipient, we charge the costs of dispatch and insurance as follows:

Austria and the EU:
Delivery is free of charge for an order amount of €500 or more. If the order amount is below €500, we charge €30 for transportation.

Other EU countries:
Delivery is free of charge for an order amount of €1,000 or more. If the order is below €1,000, we charge €90 for transportation.

In the event that the good is returned to AEK within the bounds of processing a warranty claim, the Customer is obligated to notify AEK of the flaw in writing first. AEK will then arrange the return immediately. In the event that the Customer returns the good independently without obtaining the prior consent of AEK, any liability for the loss of, or damage to, the good on the part of AEK during the return delivery is excluded. 

4. Payment

Goods can only be paid for using the credit cards MasterCard or Visa, the debit card Maestro,, PayPal or immediate bank transfer.

Prices quoted are given in euros, and include value added tax at the statutory applicable rate. 

In non-EU countries, the prices quoted do not include value added tax. 

The Customer shall bear any import duties or import sales taxes imposed by the country of destination.

As a rule, the pieces of jewellery offered are individual pieces or produced in a small series. If a piece of jewellery is no longer available, its price could differ from the sale price quoted originally in the event that new production is necessary. 

We also go to great lengths to furnish the pieces of jewellery offered with the correct prices. Despite this, it could be the case that individual pieces are furnished with the wrong prices by mistake. 

Before accepting the purchase offer of the Customer, AEK shall check the order and prices. In the event that the price is higher than that shown, the Customer shall be contacted before acceptance of the offer, when he shall be asked whether he wishes to purchase the good at the correct price or cancel the order. 
In the event that the correct price is lower than that shown, the lower price shall be charged without the Customer being informed.

5. Retention of title

The good shall remain the property of AEK until it has been paid for in full.

6. Liability and defects

Due to the good being photographed digitally and the use of natural materials, there could be slight deviations between the presentation of the pieces offered and the reality. These deviations do not represent a defect in the good.
For technical reasons of layout, some products may not be presented in the original size, or may be in a colour deviating from the original. This does not represent a defect. Product images purely represent examples of the goods. 
In the event of minor negligence, compensation claims of any description are excluded. This does not apply to personal damage or damage to objects accepted for processing in the case of consumer transactions.

7. Duties of the Customer

The Customer is obligated to check the delivered good immediately for visible transport damage, and to notify AEK of this at the time of acceptance. 
If a Customer provides contact details and other data connected with the order, he shall confirm these data are correct, complete and up-to-date. The Customer is obligated to notify AEK of errors in the payment information, and to correct these immediately.

8. Right of revocation

If the Customer is a consumer, then the provisions of the Federal Act on Distance Selling and Contracts concluded outside Business Premises (“Bundesgesetzes über Fernabsatz und außerhalb von Geschäftsräumen geschlossene Verträge” or “FAGG”) shall apply to the rights detailed below. 

The revocation deadline is fourteen days from the day on which the Customer, or a third party appointed by the Customer who is not the carrier, takes ownership of the goods. In the case of purchase agreements in which delivery of a good takes place in several partial shipments or pieces, the fourteen-day revocation deadline begins from the day on which the Customer, or a third party appointed by the Customer who is not the carrier, takes ownership of the last partial shipment or last piece.

To exercise the right of revocation, the Customer must notify AEK of his decision to revoke this contract by means of a clear statement (a recorded delivery letter sent by post, a fax message or an e-mail, for example). This notification must be addressed to either of the following postal addresses: A.E. Köchert Juweliere GmbH, Neuer Markt 15, 1010 Wien or Alter Markt 15, 5020 Salzburg, or to the e-mail address aek@koechert.at. 

The Customer can use the attached sample revocation form (Annex A) to do this, although this is not mandatory. 

In order to comply with the revocation deadline, it is sufficient for the Customer to send off the notification that it is exercising its right of revocation prior to the expiry of the revocation deadline.

Pieces of jewellery produced according to the specifications of the Customer or explicitly customised according to its personal requirements (§18, Clause 1, Line 3, FAGG), such as goods with individual engravings, for example, are excluded from this right of revocation.

Consequences of revocation:

If the Customer revokes this contract, AEK must reimburse the Customer for any payments it has received from the Customer, including delivery costs (with the exception of any additional costs resulting from the Customer having selected a type of delivery other than the most reasonably-priced standard delivery offered by AEK), immediately and within fourteen days at the latest from the day on which the notification relating to the revocation of this contract is received by AEK. 

AEK shall use the same method of payment for this reimbursement as the Customer used for the original transaction, unless explicitly agreed otherwise with the Customer. Under no circumstances will the Customer be charged fees as a result of this reimbursement. 

AEK can refuse the reimbursement until it has received the goods again.

The Customer must return or hand over the goods immediately, and within fourteen days at the latest from the day on which it notifies AEK of its revocation of the contract. The goods must be returned to, or handed over at, one of the following addresses:

A.E. Köchert Juweliere GmbH
Neuer Markt 15
1010 Wien
Österreich

or

A.E. Köchert Juweliere GmbH
Alter Markt 15
5020 Salzburg
Österreich

The deadline is deemed to have been met if the Customer sends the goods off prior to expiry of the deadline of fourteen days.

The Customer bears the direct costs of returning the goods if the good delivered matches that ordered. Any returns must be made using the same courier service or insured letter as that used to dispatch the shipment to the Customer. 

AEK shall accept liability for the organisation and costs of the insurance of the good being returned if it has been notified by the Customer of its intention to return the good. The Customer is only obligated to send off the good, however, once it has received written confirmation from AEK regarding insurance of the good.

The Customer is only required to pay for any loss in value of the goods if this loss in value is caused by the good being handled in a way not necessary to check its quality, properties or functionality. 

9. Data Protection – see individual point “Data Protection Regulations”.

10. Exclusion of liability for links

In the case of links to other online offers, AEK accepts no liability for the content, functionality or availability of the linked website(s). This also applies to any other direct or indirect references or links to external internet offers. Links to this website are desirable if they are designed as external links in a separate browser window. It is not permissible for the main window to be taken over into a frame of the link setter.
If a website to which AEK has provided a link contains unlawful content, AEK requests to be notified of this, and the link will be removed immediately.

11. Applicable law, place of jurisdiction, final provisions

This contract is subject to Austrian law, with the exclusion of the reference norms of international private law and the UN Sales Convention.
The exclusive place of jurisdiction for any disputes resulting from this contract is Vienna.
AEK reserves the right to change its General Terms and Conditions of Business at any time without giving reasons. 
Orders which have already been placed are not subject to the changes. 
By submitting a purchase offer, the Customer accepts the General Terms and Conditions of Business.
The term “Customer” is gender-neutral, and includes both female and male customers.
Should individual clauses of these General Terms and Conditions of Business be totally or partially ineffective, this shall not affect the effectiveness of the remaining clauses or remaining parts of the General Terms and Conditions of Business. An ineffective provision shall be replaced with a provision that is effective and comes closest to the economic purpose of the ineffective provision.

ANNEX A

Sample revocation form for consumer transactions via the online shop

If you want to revoke the contract, please complete this form and return it to A.E. Köchert Juweliere GmbH:

A.E. Köchert Juweliere GmbH
Neuer Markt 15
1010 Wien 

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