Terms of service
Terms of Service
§ 1 scope
(1) The following “General Terms and Conditions” (GTC) apply in the version valid on the day of the order for all sales contracts between Betsys Handarbeitsladen Inh. Bettina Heinecke (hereinafter referred to as Betsys) and her customers. Deviating agreements must be in writing. By submitting his order, the customer declares himself to be in agreement with these terms and conditions and to be bound by them.
(2) Should individual provisions of these terms and conditions be ineffective in whole or in part due to mandatory statutory provisions (in particular the provisions of the KSchG), the remaining provisions of these terms and conditions shall remain in effect unchanged.
§ 2 conclusion of contract
Betsys reserves the right to change the content of the respective range of services at any time. The contract is concluded when Betsys accepts the order, either by sending an order confirmation by post or email or directly by sending the ordered goods.
§ 3 contract language
The content of the contract, all other information, customer service and handling of complaints are consistently offered in German.
§ 4 Right of withdrawal in distance selling
(1) Customers who are consumers within the meaning of the Consumer Protection Act can withdraw from the purchase 14 days after taking over the goods without giving reasons.
It is sufficient if the declaration of withdrawal is sent within the period without giving reasons (to be sent to firstname.lastname@example.org).
(2) In the event of withdrawal, the purchase price will only be reimbursed step by step against the return of the goods received from the customer. Both the return of the goods and the reimbursement of the purchase price must be made within 14 days of the declaration of withdrawal or the return of the goods. The condition for this is that the goods are unused and can be resold as new. The buyer bears the costs of the return.
(3) For items that are impaired or damaged by signs of use, Betsys will charge an appropriate fee for the reduction in value.
§ 5 prices
(1) In principle, the purchase price for the goods ordered is deemed to be agreed, which results from the current brochures, catalogs, price lists, web shop and similar publications from Betsys.
(2) Unless otherwise stated, all prices are gross daily prices "ex works" including statutory sales tax, excluding all shipping costs.
(3) Should export or import taxes become due in the course of the shipment, these will also be borne by the customer. The prices for the deliveries and services offered do not include costs that are charged by third parties.
(4) Sales to customers outside the EU do not incur any sales tax, but they have to pay the respective national import duties. For sales to entrepreneurs within the EU, no Austrian sales tax is due if the UID is proven, they have to pay the sales tax in their home country.
§ 6 delivery conditions
(1) Delivery normally takes place within 7 working days from the customer's order, but in any case within 30 days from the order date. Should we not be able to accept an order - for example due to the unavailability of the goods - we will inform the customer of this immediately.
(2) Delivery is made to the address given by the customer. In the event of incorrect, incomplete or unclear information provided by the customer, the customer shall bear all costs arising therefrom.
(3) The postage / shipping costs can be found under the link provided.
§ 7 terms of payment
(1) Unless otherwise agreed, invoices are immediately in the course of the checkout when the order is placed.
(2) Billing takes place in euros.
(3) The statutory (default) interest according to § 1333 Abs 1 ABGB is 4% annually for non-traders according to § 1000 Abs 1 ABGB. - According to § 1333 Abs 2 ABGB the statutory default interest "between entrepreneurs from entrepreneurial transactions" (= bilateral commercial transactions) is 8% "above the base rate" (i.e. currently in total: 10.2%).
In the event of default in payment, the customer is obliged to reimburse all of Betsy's reminder and collection costs incurred as a result of this default in payment. Betsys reserves the right to claim higher damage caused by default.
(4) Response time for complaints: Inquiries will be answered within 2 working days.
§ 8 Warranty
The guarantee takes place according to the legal. Regulations (24 months from receipt of goods). If an exchange or an improvement is out of the question (not possible, too much effort, unreasonable, delayed deadline), then the buyer has the right to a price reduction or, if the defect is not minor, cancellation of the contract (conversion). Compensation for (defect) consequential damage, as well as other property damage, financial damage and damage to third parties against the customer, unless it is a consumer transaction, is excluded.
§ 9 Bearing of risk for delivery to consumers within the meaning of the KSchG
When the goods are dispatched, the risk of loss or damage to the goods is only transferred to the consumer as soon as the goods are delivered to the consumer or to a third party appointed by the consumer other than the carrier. However, if the consumer himself has concluded the contract of carriage without using one of the options suggested by us, the risk is transferred to the carrier as soon as the goods are handed over.
§10 contract data
The contract data of guest users can no longer be called up after the order has been placed. However, they will be sent to you by email.
Once you have selected a product and click "checkout", you will be taken to the overview page where you can specify your payment method:
For buyers from Austria:
2. Credit card: VISA / Verified by VISA, Master Card / Secure Code, Diners Club, American Express
3. Maestro SecureCode
4. EPS online transfer
5. Klarna (instant transfer)
Your credit card details are not saved by Betsys, but are transmitted in encrypted form via an external payment service provider.
If you pay by credit card, you will be charged within one calendar week. When paying by credit card, the customer provides the following data: cardholder, card number, credit card company, expiry date, CVV code. The data is transmitted via SSL encryption with at least a 128-bit key and is therefore not visible to unauthorized persons.
§ 13 data protection
(1) Betsys employees are subject to the confidentiality obligations of the Data Protection Act.
(2) The customer acknowledges that the use of the customer data specified in the contract will be stored and processed for the purposes of our accounting and customer records. The data will be used to fulfill legal requirements and to process payment transactions. Customer data will not be passed on to third parties, unless this is absolutely necessary for the execution of the contract.
(5) We would like to point out that for the purpose of simplifying the shopping process and for later contract processing, the web shop operator stores the IP data of the subscriber as part of cookies, as well as name, address, ATU number, telephone number and email address of the buyer.
The data you provide is required to fulfill the contract or to carry out pre-contractual measures. Without this data, we cannot conclude the contract with you. There is no data transfer to third parties, with the exception of the transfer of the credit card data to the processing bank / payment service provider for the purpose of debiting the purchase price, to the transport company / shipping company commissioned by us to deliver the goods and to our tax advisor to fulfill our tax obligations.
After canceling the shopping process, the data stored by us will be deleted. In the event of a contract being concluded, all data from the contractual relationship will be stored until the expiry of the tax retention period (7 years).
The data name, address, purchased goods and date of purchase are also stored until the product liability expires (10 years). The data processing takes place on the basis of the legal provisions of § 96 Abs 3 TKG as well as Art 6 Abs 1 lit a (consent) and / or lit b (necessary to fulfill the contract) of the GDPR
Rights as a data subject
You have the right to information about your personal data, as well as the right to correction or deletion or restriction of processing. You can also object to the processing and have the right to transfer your personal data in a structured, machine-readable form. For all rights mentioned, please use the contact details of the person responsible.
Right to complain
You also have the right to lodge a complaint with a supervisory authority.
For Austria this is the Austrian data protection authority, Barichgasse 40-42, 1030 Vienna, phone: +43 1 52 152-0, E-Mail: email@example.com, Web: https://www.dsb.gv.at/.
§ 14 Place of Jurisdiction and Applicable Law
(1) This contract is subject to Austrian substantive law to the exclusion of the UN sales law. If the contractual partner is a consumer, the mandatory provisions of the law of the country in which he has his habitual residence apply to this contract.
(2) The competent court at the Betsys headquarters has exclusive jurisdiction for disputes.
If the customer is a consumer within the meaning of the Consumer Protection Act, the jurisdiction of the court in whose district the domicile, habitual residence or place of employment of the customer is located.
(3) The place of jurisdiction and place of fulfillment of the contract is the headquarters of Betsys.Consumers have the opportunity to submit complaints to the EU's online dispute resolution platform: http://ec.europa.eu/odr.
You can also address any complaints to the e-mail address given above.
My email address: firstname.lastname@example.org
The terms and conditions are valid from September 1st, 2020