§ 1 Scope The following general terms and conditions apply exclusively to the business relationship between Weinzierl Cosmetic eU - hereinafter referred to as "WeCo" - and the customer in the version valid at the time of the order. Deviating terms and conditions of business or purchase of the customer will only be recognized if they are expressly agreed in writing.
§ 2 Conclusion of contract Sending an order via the website represents a binding offer from the customer to WeCo to conclude a purchase contract. When you place an order with WeCo, we will send you an email confirming receipt of your order and listing its details (order confirmation). This order confirmation does not represent acceptance of your offer, but is only intended to inform you that we have received your order. A purchase contract is only concluded when we send the ordered product to you and confirm the shipment to you with a second email (shipping confirmation). No purchase contract is concluded for products from one and the same order that are not listed in the shipping confirmation.
WeCo does not offer any products for purchase by minors. Products for children can also only be purchased by adults. Your order also includes confirmation that you are of legal age. We assume no liability for our products if an order is placed by a minor.
§ 3 Right of withdrawal up to 14 days, exclusion of the right of withdrawal, cancellation policy You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods. To exercise your right of cancellation, you must notify us
Weinzierl Cosmetics Lugeck 7/Top 29 A-1010 Vienna Austria Email: order@sa3-cosmetic.com
by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier. You must return the goods to us promptly and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract.
The deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
§ 4 Return costs agreement In the event of cancellation, the costs of return shipment will be at your expense.
§ 5 Delivery Unless otherwise agreed, delivery will be made to the delivery address specified by the customer. On the website you will find information on the availability of products sold directly by WeCo (e.g. on the respective product detail page).
If delivery to the customer is not possible because the delivered goods do not fit through the customer's front door, front door or staircase exit or because the customer cannot be found at the delivery address provided by him, even though the delivery time was announced to the customer with reasonable notice, the customer will bear the costs for the unsuccessful delivery. Shipping costs will be charged for the delivery of the ordered goods unless otherwise specified. Shipping costs within Austria are €5.95.
§ 6 Due date and payment, default The customer can pay the purchase price by credit card (Master/Visa/American Express), Paypal or advance payment. WeCo reserves the right not to offer certain payment methods in individual cases. If the customer defaults on payment, WeCo is entitled to demand default interest of 5% above the base interest rate announced by the European Central Bank per annum. If WeCo can prove that it has incurred greater damages due to the delay, WeCo is entitled to claim these.
§ 7 Offsetting, retention The customer is only entitled to a right of set-off if his counterclaims have been legally established or are undisputed by WeCo. In addition, he is entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
§ 8 Price The prices quoted by WeCo include VAT unless expressly stated otherwise.
§ 9 Retention of title The delivered goods remain the property of WeCo until full payment has been made.
§ 10 Liability for defects
The right to cancel your order does not affect your rights as a buyer in terms of the statutory warranty provisions. If goods purchased from us are defective, your claims as a buyer expire within 2 years of delivery of the goods. If defects occur in the purchased item, you have the option of having the statutory claims for subsequent performance, removal/re-delivery and - if the special statutory requirements are met - the further claims for reduction or withdrawal, as well as for damages, including compensation for damages instead of performance and compensation for your wasted expenses. Please keep the invoice provided carefully as proof of purchase. If subsequent performance is carried out by means of a replacement delivery, the customer is obliged to return the goods initially delivered to WeCo within 30 days at WeCo's expense. The defective goods must be returned in accordance with the statutory provisions. WeCo reserves the right to claim damages under the statutory conditions. WeCo is liable without limitation if the cause of the damage is based on intent or gross negligence.
Furthermore, WeCo is liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance you regularly rely. In this case, however, WeCo is only liable for foreseeable, contract-typical damage. WeCo is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
The above limitations of liability do not apply in the event of injury to life, body or health, for a defect after a guarantee has been given for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
To the extent that WeCo’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
§ 11 Discount codes, offers and promotions
We occasionally send discount codes as part of promotions, for example by email. Each discount code is unique, limited to one recipient and non-transferable. A code cannot be refunded or paid out. The validity period of the discount codes may be limited and will be communicated accordingly at the time of the promotion; an extension is not possible.
If a discount code has expired or is otherwise invalid, no replacement codes will be issued. Only one discount code can be redeemed per order.
If a discount code is used for orders with multiple items, the discount will be applied to the respective individual product price. In the case of returns, only the reduced purchase price will be refunded. There is no entitlement to a refund of the discount.
We reserve the right to exclude products and product categories from discounts and promotions.
§ 12 Applicable law
For deliveries within Austria, Austrian law applies.