General Terms and Conditions of Business and Delivery
§ 1 General – Scope of Validity:
1. The following Terms and Conditions of Business as amended at the time of conclusion of contract apply to all distance contracts or online contracts concluded between us and the customer.
2. Differing, conflicting or supplementary general terms and conditions shall not be a part of the contract, even if known, unless their validity is explicitly agreed to.
§ 2 Conclusion of Contract:
1. Your contract partner for orders from the Ciro webshop is CIRO GmbH Austria, Annagasse 3a/8, 1010 Vienna, Austria.
2. Our products are presented in good graphic quality on our website.However, the presentation of the products on our website does not constitute a binding offer.Please select the goods you wish to order carefully in order to avoid returns,so that we can continue to offer good value for money.
3. All our offers are subject to change and non-binding.We reserve the right to make reasonable technical and other changes.
4. We will promptly confirm receipt of your order for goods ordered electronically.However, this confirmation of receipt shall not constitute a binding acceptance of your order.The confirmation of receipt shall only constitute an acceptance if we explicitly declare our acceptance.
5. We shall be entitled to accept the offer of contract comprised in the order within a period of two weeks.In the case of goods ordered electronically, we shall be entitled to accept the order within three workdays of receipt.
6. We shall be entitled to refuse acceptance of the order, e.g. after checking the customer’s creditworthiness.We shall be entitled to limit the order to a common household quantity.
7. Registration or orders by a registered customer shall not oblige us to accept such registration or orders. If goods ordered and already paid for by the customer are not available, the customer shall be informed electronically and the paid purchase price shall be refunded within 30 days.
8. You can read, print and save our General Terms and Conditions at any time under “Terms & Conditions” on our website cirojewelry.com
9. Contracts for products offered on cirojewelry.com shall be concluded exclusively in the German language.
§ 3 Payment Options
1. The customer can pay the purchase price exclusively
a) by credit card (the following credit cards are accepted:Visa, Mastercard, American Express) or
b) through PayPal.
§ 4 Costs of Shipping and Payment
1. The prices offered are current prices and valid until further notice.All prices are subject to change.The price includes the applicable statutory sales tax.
2. The customer shall not be charged for delivery and shipping of orders worth more than € 300.
3. Within Austria, orders shall be shipped with the Austrian Post AG. Shipments outside Austria (abroad) shall be sent with FedEx.Shipping costs of € 4.39 shall be charged in addition to the quoted prices for the shipment of goods within Austria. The costs of delivery and shipping for shipment of goods outside of Austria (abroad) are shown on the “cart” and “checkout” page and are instantly being updated with the current rates from fedex.com/ratefinder/home.
In addition, you will be informed of the actual costs of shipping in our order confirmation.Additional transport insurance can be taken out at any time on request.
4. Delivery shall generally be made within 1-3 workdays of the customer being notified that the ordered goods have been shipped.
5. No additional costs will be incurred to the customer through the use of distance communication.
§ 5 Consumer’s Right of Revocation
1. Revocation Caution
Right of revocation
You may revoke your declaration of contract within 14 days without stating reasons in written form (e.g. letter, fax, e-mail) or – if the item has been delivered before expiry of this period – by returning the item.This deadline shall commence upon receipt of this caution in text form, but not before receipt of the goods by the recipient (in the case of recurrent delivery of similar goods not before receipt of the first part delivery) and not before fulfilment of our information duties pursuant to Article 246 § 2 in conjunction with § 1 Paragraph 1 and 2 EGBGB [Introductory Act to the Civil Code], as well as our duties pursuant to § 312g Paragraph 1, 1st sentence BGB [Civil Code] in conjunction with Article 246 & 3 EGBGB.A revocation shall be deemed declared within the deadline if it is sent or the goods are returned within this period.The revocation must be addressed to:
CIRO GmbH Austria
Fax: +43 (0) 1 512 90 78
Consequences of revocation
In the case of a valid revocation, the goods/payments received by both parties must be returned/refunded and any benefits (e.g. interest) must be surrendered.If you cannot return or surrender the goods and benefits received (e.g. utilisation benefits) in whole or in part, or can only return or surrender the same in deteriorated condition, you shall be obliged to compensate us for the same.You shall only be obliged to compensate us for deterioration of the goods and for utilization benefits inasmuch as the utilization or deterioration is due to handling of the goods that exceeds the scope of testing its properties and function.“Testing of properties and function” shall mean testing and trying out the respective goods in such manner as is possible and usual in a street shop, for instance.Goods suitable for parcel posting shall be sent back at our risk.You shall bear the regular costs of return shipment, if the goods delivered correspond with the ordered goods and the price of the goods to be returned does not exceed an amount of € 40, or – in the case of a higher price of the goods – if you have not made the payment or a contractually agreed part payment yet at the time of the revocation.Otherwise the return shipment shall be free of charge for you.Goods not suitable for parcel posting shall be picked up from you.Obligations to refund payments must be fulfilled within 30 days.The deadline shall commence for you upon sending your declaration of revocation or the ordered goods, and for us upon receipt of the same.
End of Revocation Caution
§ 6 Transfer of Risk
1. The risk of loss of or damage to the goods shall transfer to the customer when he or a designated third party who is not the freight forwarder takes possession of the goods.If the customer contracts a freight forwarder and this option was not offered by the entrepreneur, the risk shall transfer to the customer upon the goods being handed over to the freight forwarder.
2. In the case of downloads and transmission of data via the Internet, the risk of loss and modification of the data shall transfer to the customer when the network interface is passed.
3. The handover shall be deemed to have taken place even if the customer is in default of acceptance.
§ 7 Guarantee
1. The statutory regulations shall apply.
2. Your guarantee rights shall lapse 12 months after delivery of the goods, if you ordered the goods for commercial or self-employed professional purposes.
§ 8 Vendor’s Lien:
1. The goods shall remain our property until full payment of the purchase price is received.
2. The customer shall be obliged to handle the goods with all due care while the vendor’s lien exists.The customer must notify us promptly in writing of any seizure of the goods by third parties, in particular in the case of foreclosure actions, as well as any damage to or destruction of the goods.The customer must notify us promptly of any change of ownership of the goods as well as any change of his own address.The customer shall reimburse us for any damages and costs incurred to us by a breach of this obligation and by any necessary interventions in the case of third-party seizures of the goods.
3. We shall be entitled to rescind the contract and demand the goods in the event of any breach of contract by the customer, in particular default of payment.We shall furthermore be entitled to rescind the contract and demand surrender of the goods in the event of a breach of par. 2, if we cannot reasonably be expected to continue to fulfil the contract.
§ 9 Limitation of and Release from Liability
1. Outside the scope of application of the Product Liability Act, our liability shall be limited to wilful intent and gross negligence.Liability for minor negligence, compensation for consequential damages and pecuniary damages, frustrated savings, loss of interest and damages from third-party claims against the customer shall be excluded.
2. The above liability limitations shall not apply in the case of personal injury and damage to health or loss of life of the customer attributable to us.Furthermore the liability limitations shall not apply in the case of damage to items handed over to us for processing.
3. We shall be liable only for our own contents on the website of our online shop.Where links allow access to other websites, we shall not accept any responsibility for the contents of such third-party websites.We do not adopt the third-party contents as our own. Should we become aware of unlawful contents on external websites, we shall promptly block the access to such websites.
§ 10 Data Privacy
1. The customer consents to the processing, transmission and storage of his personal data (name, address, communication data and further data, in particular goods ordered, etc.) for sales and customer service purposes, as well as for the provision of information about new products, special offers and promotions and marketing campaigns (invitations to events, newsletter, etc.) by post, e-mail, fax, phone or text message, etc., for the purposes of direct marketing and in the form of mass mailings.The customer further consents to the processing, transmission and storage of the same personal data for the same purposes by our franchisees.The customer may revoke this consent at any time by letter, fax or e-mail.
2. The customer’s data necessary for shipment and for payment by credit card or PayPal shall be exchanged with the respective shipping company or payment institute.
3. Our customers’ personal data are treated in accordance with the statutory data privacy regulations.Other than under the conditions set out in 1., the customer’s personal data shall not be disclosed to third parties, unless the customer gives his explicit consent to such disclosure or we are obliged to disclose the data by law.
5. The customer may exercise his inspection, correction and deletion rights with regard to his personal data in accordance with the data privacy regulations applicable in the respective country. Please address any inquiries, complaints or objections in connection with the processing, transmission and storage of personal data to:
CIRO GmbH Austria
Fax: +43 (0) 1 512 90 78
§ 11 Final Provisions
1. Austrian law shall apply.The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.However, this governing law shall only apply inasmuch as the protection granted is not detracted by mandatory provisions of the law of the state in which the customer normally resides.
2. The venue for any disputes arising directly or indirectly from the contract shall be the Austrian court of local and material jurisdiction for our seat.However, this venue shall only be deemed agreed if the customer’s domicile, usual residence or place of work is within the judicial district of this court, or if the customer lives abroad.
3. Should individual provisions of a contract with the customer, including these General Terms and Conditions, be or become wholly or partly invalid, this shall not prejudice the validity of the remaining provisions.The wholly or partly invalid regulation shall be replaced by a regulation that covers the economic purpose of the invalid provision as closely as possible.