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1. Application Of The General Terms And Conditions

These General Terms and Conditions (hereinafter referred to as GTC) apply to all contracts that are concluded via the online shop www.mondschein-design.at between MONDSCHEIN, the owner Gabriele Lechner, and customers who are consumers and who are permanent residents in Austria or Germany, all EU countries and Switzerland.

2. Contract partners

Contract Partner of the Customer is MONDSCHEIN, Inh. Gabriele Lechner, Erdbergstraße 16-28, 1030 Wien, phone: +43664 4160170, mail: atelier@mondschein-design.at

3. Acknowledgement of the GTC

The Customer accepts the GCT and is in agreement with these, whenever putting an order.

4. Defense Clause

The inclusion of the customer's terms and conditions or terms and conditions that deviate from these terms and conditions will be rejected unless they are officially acknowledged by MONDSCHEIN.

5. Conclusion Of Contract

The order is only binding if confirmed by MONDSCHEIN by email to the customer. A legal claim to delivery of the goods ordered thus exists only after such an order confirmation. The rights and obligations of the contractual partners (purchaser and MONDSCHEIN) are then governed by these General Terms and Conditions.

A. Web Presence On The Website (www.mondschein-design.at)

The product presentation on the website does not constitute an offer in the legal sense. It is an invitation to the customer to make an offer himself. The offer in the legal sense is made by the customer by placing the order.

B. Order Procedure

In the overview of the assortment of the online shop www.mondschein-design.at the customer can select the desired goods by clicking on the button "add to cart". The selected goods are cached during the customer's visit on the website www.mondschein-design.at in the shopping cart. By clicking on the "Continue shopping" button next to the goods listed in the shopping cart, the ordering process will continue. On the following page, the customer is asked to log in if he already has an account, to re-register or to buy as a guest. The customer then selects the desired delivery method and the method of payment desired by him and enters the data required for the execution of the payment. When choosing the external payment method PayPal, the customer will be redirected to the external website of the respective payment service provider. Before placing the order, the data relevant for the order will be summarized in an "order summary". The customer is free to check his details in the “order summary” once again and to correct them if necessary, before he sends his order to MONDSCHEIN by clicking on the button "order with payment". By clicking on the button "order for payment / agreement to pay for the order you are placing“, the customer makes a binding offer concerning the purchase of the goods selected by him.

C. Order Confirmation

After receiving the order, MONDSCHEIN will send a notification e-mail to the e-mail address provided by the customer, in which the receipt of the order is confirmed and its content is reproduced (hereinafter referred to as order confirmation). The order confirmation does not constitute an acceptance of the purchase offer of the customer by MONDSCHEIN. The acceptance of the offer by MONDSCHEIN is officially made in a separate e-mail. If MONDSCHEIN refuses to conclude the contract, this will be communicated to the customer immediately by e-mail.

6. Storage Of The Contract

The text of the contract as well as the details of the customer for the order process are saved by MONDSCHEIN and can be viewed by the customer under the link "My Account" à "My Orders". Independent of this, MONDSCHEIN Design sends the order confirmation  and the terms and conditions as described in 4.c. to the e-mail address provided by the customer.

7. Prices

a. All prices are total prices, they include the packaging costs and the legal value added tax (VAT).

b. Price mistakes reserved. If the correct price is higher, the customer will be contacted, in which case a contract can only be concluded if the customer wants to buy at the actual price. If the correct price is lower, this price will be charged.

c. Shipping costs are not included in the price; they are additional.

8. Shipping Cost

- within Austria and Germany: EUR 5.50 per order

- to Benelux, Slovakia, Slovenia, Czech Republic, Hungary: € 11,50

- to France, Great Britain, Italy, Poland: € 14,90.

The applicable value added tax is included in the shipping costs.

9. Delivery Conditions

Unless otherwise agreed, the delivery will be made to the address specified by the customer.

The delivery time within Austria is approx. 5 - 7 working days, within the EU approx. 10 working days and to Switzerland, Lichtenstein, Norway, Serbia and Croatia approx. 10 working days. When paying in advance, the delivery period begins one day after receiving the amount on the bank account of MONDSCHEIN. Otherwise, the delivery period begins one day after receiving the order.

In the event of damage to the goods during transport, the customer must immediately report the damage to the transport company and claim the damage there.

MONDSCHEIN is not responsible if there are any obstacles to delivery on account of problems of ​​suppliers or manufacturers. If the delivery or compliance with an agreed delivery time is rendered impossible by circumstances beyond the control of MONDSCHEIN, MONDSCHEIN shall be entitled to withdraw from the contract in whole or in part. MONDSCHEIN will inform the customer without delay. Claims for damages are excluded for this case. The customer is informed about existing delivery restrictions before the start of the order process.

10. Unavailability Of Performance

MONDSCHEIN reserves the right to withdraw from the contract if the service is unavailable as the basic products for sale are available in limited edition. In individual cases, it may happen that a product is no longer available at the time of ordering. However, MONDSCHEIN undertakes to inform the purchaser immediately of the unavailability by e-mail and to refund immediately any compensation already received.

11. Maturity And Ownership

The purchase price is due at the latest on delivery of the goods. The delivered goods remain the property of MONDSCHEIN until full payment.

12. Payment Terms

MONDSCHEIN accepts the following payment methods: payment in advance, immediate bank transfer, PayPal, Credit Card.

When paying in advance, the customer transfers the invoice amount to the account of MONDSCHEIN within 7 days after conclusion of the contract. The dispatch takes place only after receipt of payment.

13. Warranty And Disclaimer

Unless otherwise specified, the general statutory provisions apply.

If delivered items have obvious material or manufacturing defects (including transport damage), we ask the customer to report this immediately to us.

The products are hand-made. Information and illustrations of the products are for information purposes only. We reserve the right to minor deviations in color (for example, due to different screen settings) and shape as well as technical changes, as our products are hand-made and therefore these deviations do not represent defects of the product. The purchaser is obliged to examine the goods immediately upon arrival for defects and condition. If the ordered product is defective at the time of delivery, it must be reported to the deliverer immediately and noted on the shipping documents. Furthermore, defects and damage in transit must be reported to MONDSCHEIN in writing within seven working days after receipt of the goods. In the case of defects, the customer has the right to either demand supplementary performance or to withdraw from the contract. If the subsequent performance fails, the customer has the right to withdraw from the contract.

Customer claims for damagesf against MONDSCHEIN are excluded, as far as MONDSCHEIN or its fulfillment or performance assistance respective did not act intentionally or through gross negligence.

MONDSCHEIN is not liable for damages that did not occur on the delivery item itself. In particular, MONDSCHEIN is not liable for lost profits or other pecuniary losses of the customer.

14. Data Protection

MONDSCHEIN undertakes to use the data collected, processed and stored in the registration and use of the MONDSCHEIN services by the respective customer only internally and not to pass them on to outside third parties, provided there is no statutory or regulatory obligation to do so. All personal data will be treated confidentially.

15. Right Of Billing

The customer is not entitled to offset against the claims of MONDSCHEIN, unless the counterclaims of the customer are legally established or undisputed. The customer is also entitled to offset against our claims if he asserts claims for defects or counterclaims from the same purchase contract.

The customer may exercise a right of retention only if his counterclaim is based on the same purchase contract.

16. Applicable Law And Jurisdiction

Austrian law applies excluding the UN sales law. The validity of a foreign law is expressly excluded.

The place of jurisdiction for all claims in connection with the business relationship is generally the y competent court for Vienna, Austria.

17. Final Provisions

Should parts of this agreement be ineffective, this shall not affect the remaining part of the agreement. The invalid part of the agreement shall already now be considered replaced by such a provision that comes closest to the intended economic purpose of this agreement. Should  a contractual gap become apparent, the regulation of which the parties had not considered at the conclusion of this agreement, for whatever reasons, it is to be closed within the meaning of this agreement.

Refund policy

Cancellation

Since the ordered items of MONDSCHEIN are made individually for the customer and are thus tailored to his personal needs, the return is excluded after personalization (except complaints).

If you are dissatisfied with the product, please contact us. We will definitely try our best to find a solution that will satisfy you.

For all non-personalized items, the right of withdrawal applies. You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the date on which you or a third party named by you, who is not the carrier, has taken possession of the goods.

To maintain the cancellation period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the cancellation

If you withdraw from this contract, we must repay immediately all payments received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery offered by us) and at the latest within fourteen days from the date on which the notification of your revocation of this contract reached us. For this repayment, we use the same means of payment that you used in the original transaction unless otherwise agreed with you; in no case will you be charged for these repayments. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days.

You bear the immediate costs of the return.