Status: 01.01.2023
The General Terms and Conditions of Sale shall also apply to all future business transactions with the Ordering Party, insofar as legal transactions of a related nature are concerned (as a precaution, the Terms and Conditions of Sale should be attached to the order confirmation in any case).
Individual agreements made with the Purchaser in individual cases (including collateral agreements, supplements and amendments) shall in any case take precedence over these Terms and Conditions of Sale. Subject to proof to the contrary, a written contract or our written confirmation shall be authoritative for the content of such agreements.
We are entitled to execute the order in partial deliveries even without a corresponding request of the customer. In this case we shall bear all additional costs of delivery. The terms of delivery are valid according to the information available on the home page of the subpage "Shipping costs and delivery terms".
If we have products manufactured only upon your order, the delivery period starts after completion of production. The production time as well as the exact scope of delivery of a product is indicated in the product description. Please check the goods immediately after receipt and in case of any complaint, please let us know as soon as possible on studio@mariedares.com by description and photos if there is any damage.
We will notify you of any delays in deadlines as far as possible.
Incomplete deliveries or damage to the goods must be claimed within 24 hours at the relevant post office. A replacement delivery is only possible by presenting the postal confirmation. We do not deliver to packing stations.
Payment of the purchase price must be made exclusively to the account stated overleaf. The deduction of a discount is only permissible with a special written agreement.
Unless otherwise agreed, the purchase price is to be paid in advance. If an order is paid in advance, you must pay the invoice amount to us before we ship the goods or provide the service. Interest on arrears will be charged at a rate of 8% above the respective prime rate p.a.. We reserve the right to assert a higher damage caused by default. If no fixed price agreement has been made, we reserve the right to make reasonable price changes due to changes in wage, material and distribution costs for deliveries which take place 3 months or later after conclusion of the contract.
The order must be made by e-mail to studio@mariedares.com . The goods will be shipped after payment to the following account:
Word: Marie-Theres Genser
IBAN: DE79 1001 1001 2624 3976 06
BIC: NTSBDEB1XXX
Please indicate the invoice number in the reason for payment.
Please send the withdrawal form to:
mariedares e.U
Töpfelgasse 17/1/7
1140 Vienna
Austria
e-mail: studio@mariedares.com
Mobile: +43 650 3600414
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
You can also exercise your right of revocation in the form that you return the received goods without written explanation demonstrably within the period of 14 days. The date of the postmark is decisive. In this case, the goods must not be damaged or used and must be returned in their original packaging.
The costs of the return shipment will only be borne by us if an incorrect delivery has been made or the goods were delivered defective. In all other cases, return shipping costs are to be borne by you. The costs depend on the dimension and weight of the shipment, they are estimated in the product description of each product.
Please return the goods immediately within fourteen days at the latest to :
mariedares e.U
Töpfelgasse 17/1/7
1140 Vienna
Austria
In case of a revocation we have to refund all payments already made to you for the goods immediately. At the latest within 14 days from receipt of the revocation form. A claim for interest is excluded.
For the repayment we use the same means of payment that you used in the original transaction, unless otherwise agreed with you. Until we have received the goods or you have provided proof of return, we may refuse to refund you.
If possible, please return the goods in their original packaging or pack them in such a way that no damage can occur during transport. In the event of costs of repackaging, the customer is liable for compensation.
The right of withdrawal is excluded in the case of contracts for goods that have been manufactured according to customer-specific wishes or have been tailored to the customer's personal needs.
Important: the direct costs of returning the goods are to be borne by the customer, regardless of the fact that the delivery of the goods from us to the customer was free of shipping costs.
Our product description basically gives all information about the condition of the goods, and is considered as such agreed. At the time of handover, the goods have been inspected by us and are free of defects that reduce or nullify the value or suitability of the goods. Defects that are due to improper use or visible stress on the goods by the customer , we can not guarantee.
We are liable for breach of contract only if he is intentional or grossly negligent.
The reuse and distribution of said content of any kind is prohibited , except for:
1) You may download content from the website to an external storage medium for your personal, private use.
2) The content of our website is mentioned or shared on another website or medium of a non-commercial nature, but only if mariedares e.U. is mentioned by name and named as the copyright owner including all necessary links to our website.
The text of the contract will not be saved, therefore we recommend to save our attached terms and conditions.
Place of performance for services from us and counter-performance of the customer is the registered office of the provider, i.e. mariedares e.U.. The competent arbitration body for consumer claims brought against the provider is the court at the registered office of the provider ( Commercial Court Vienna, Austria).
1. Scope of application
These general terms and conditions shall apply exclusively between entrepreneurs, legal entities under public law or special funds under public law within the meaning of § 310 paragraph 1 BGB and mariedares e.U, hereinafter referred to as "we". Any terms and conditions of the customer that are contrary to or deviate from our terms and conditions of sale shall only be recognized by us if we expressly agree to their validity in writing.The General Terms and Conditions of Sale shall also apply to all future business transactions with the Ordering Party, insofar as legal transactions of a related nature are concerned (as a precaution, the Terms and Conditions of Sale should be attached to the order confirmation in any case).
Individual agreements made with the Purchaser in individual cases (including collateral agreements, supplements and amendments) shall in any case take precedence over these Terms and Conditions of Sale. Subject to proof to the contrary, a written contract or our written confirmation shall be authoritative for the content of such agreements.
2. Offer , order , conclusion of contract
Offers on www.mariedares.com are not offers in the legal sense but serve as information . By sending the request form in the ordering process, you make a non-binding offer. We then confirm receipt of the offer by sending an e-mail to the address provided by you. This e-mail does not constitute an acceptance of your offer. We accept your offer by confirming the purchase in another e-mail and sending you the purchased goods.3. Delivery conditions, availability and shipping
If an order is to be considered as an offer according to § 145 BGB (German Civil Code), we can accept it with a period of 8 weeks if the ordered goods are not in stock. If the availability of this period can not be met, you can withdraw from the contract in writing. In this case, any payments already made by you will be refunded immediately. If for other reasons, such as delivery problems or insolvency of the product manufacturer, the goods can not be delivered, we reserve the right to withdraw from the contract. In this case we will refund the costs immediately.We are entitled to execute the order in partial deliveries even without a corresponding request of the customer. In this case we shall bear all additional costs of delivery. The terms of delivery are valid according to the information available on the home page of the subpage "Shipping costs and delivery terms".
If we have products manufactured only upon your order, the delivery period starts after completion of production. The production time as well as the exact scope of delivery of a product is indicated in the product description. Please check the goods immediately after receipt and in case of any complaint, please let us know as soon as possible on studio@mariedares.com by description and photos if there is any damage.
We will notify you of any delays in deadlines as far as possible.
Incomplete deliveries or damage to the goods must be claimed within 24 hours at the relevant post office. A replacement delivery is only possible by presenting the postal confirmation. We do not deliver to packing stations.
4. Prices
Unless otherwise agreed in writing, our displayed prices include Austrian VAT (currently 20%) in EURO . Furthermore, the prices include packaging, shipping and transport insurance.Payment of the purchase price must be made exclusively to the account stated overleaf. The deduction of a discount is only permissible with a special written agreement.
Unless otherwise agreed, the purchase price is to be paid in advance. If an order is paid in advance, you must pay the invoice amount to us before we ship the goods or provide the service. Interest on arrears will be charged at a rate of 8% above the respective prime rate p.a.. We reserve the right to assert a higher damage caused by default. If no fixed price agreement has been made, we reserve the right to make reasonable price changes due to changes in wage, material and distribution costs for deliveries which take place 3 months or later after conclusion of the contract.
5. Payment and method of payment
Payment for the goods can currently only be made by advance payment. We are endeavored to make in the future other payment methods possible. If an order is paid in advance, you must pay the invoice amount to us before we ship the goods or provide the service.The order must be made by e-mail to studio@mariedares.com . The goods will be shipped after payment to the following account:
Word: Marie-Theres Genser
IBAN: DE79 1001 1001 2624 3976 06
BIC: NTSBDEB1XXX
Please indicate the invoice number in the reason for payment.
6. Right of withdrawal and cancellation
You have the right to withdraw from the concluded contract without giving any reason. The right of withdrawal must be within a period of 14 weekdays by means of a clear statement (eg an e-mail, a letter sent by mail) about your decision to revoke this contract to us. The withdrawal period of fourteen days counts from the day on which you or a third party designated by you took possession of the goods. In the event that we have sent a uniform order in partial deliveries, the withdrawal period begins on the day on which you or the third party designated by you has taken possession of the last goods. You also have the option to use a model withdrawal form in accordance with Directive 2011/38EG for exercising the right of withdrawal.Please send the withdrawal form to:
mariedares e.U
Töpfelgasse 17/1/7
1140 Vienna
Austria
e-mail: studio@mariedares.com
Mobile: +43 650 3600414
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
You can also exercise your right of revocation in the form that you return the received goods without written explanation demonstrably within the period of 14 days. The date of the postmark is decisive. In this case, the goods must not be damaged or used and must be returned in their original packaging.
The costs of the return shipment will only be borne by us if an incorrect delivery has been made or the goods were delivered defective. In all other cases, return shipping costs are to be borne by you. The costs depend on the dimension and weight of the shipment, they are estimated in the product description of each product.
Please return the goods immediately within fourteen days at the latest to :
mariedares e.U
Töpfelgasse 17/1/7
1140 Vienna
Austria
In case of a revocation we have to refund all payments already made to you for the goods immediately. At the latest within 14 days from receipt of the revocation form. A claim for interest is excluded.
For the repayment we use the same means of payment that you used in the original transaction, unless otherwise agreed with you. Until we have received the goods or you have provided proof of return, we may refuse to refund you.
If possible, please return the goods in their original packaging or pack them in such a way that no damage can occur during transport. In the event of costs of repackaging, the customer is liable for compensation.
The right of withdrawal is excluded in the case of contracts for goods that have been manufactured according to customer-specific wishes or have been tailored to the customer's personal needs.
Important: the direct costs of returning the goods are to be borne by the customer, regardless of the fact that the delivery of the goods from us to the customer was free of shipping costs.
7. Warranty and liability
The warranty is governed by the statutory rules.Our product description basically gives all information about the condition of the goods, and is considered as such agreed. At the time of handover, the goods have been inspected by us and are free of defects that reduce or nullify the value or suitability of the goods. Defects that are due to improper use or visible stress on the goods by the customer , we can not guarantee.
We are liable for breach of contract only if he is intentional or grossly negligent.
8. Retention of title
We retain title to the delivered goods until full payment of all claims arising from the delivery contract. This shall also apply to all future deliveries, even if we do not always expressly refer to this. We shall be entitled to take back the object of sale if the customer acts in breach of contract.9. Copyright
All images , designs , text descriptions and offers are subject to copyright of the provider, namely Marie-Theres Genser, mariedares e.U . The linking or use for own purposes is permitted only after written consent by the provider.The reuse and distribution of said content of any kind is prohibited , except for:
1) You may download content from the website to an external storage medium for your personal, private use.
2) The content of our website is mentioned or shared on another website or medium of a non-commercial nature, but only if mariedares e.U. is mentioned by name and named as the copyright owner including all necessary links to our website.
10. Miscellaneous
All legal relations between mariedares e.U and the customer are agreed under Austrian law. The contract language is German. Versions of these terms and conditions in other languages are for guidance, but the German version shall prevail.The text of the contract will not be saved, therefore we recommend to save our attached terms and conditions.
Place of performance for services from us and counter-performance of the customer is the registered office of the provider, i.e. mariedares e.U.. The competent arbitration body for consumer claims brought against the provider is the court at the registered office of the provider ( Commercial Court Vienna, Austria).