of Andrea Cecconi
1. General Terms
For business connections between the customer and the company Andrea Cecconi, in succession called “Cecconi”, apply exclusively the following terms, unless otherwise expressly agreed in an individual case. These terms apply also for any further business connections, even when not specially mentioned. Converse statements of the customer will only apply if accepted by us in written form.
2. Placing of Order, Contract Conclusion
The contract for the consignment is accomplished by sending an electronic, oral (phone) or written (fax, letter) order, and by electronic, oral (phone) or written (fax, letter) declaration of acceptance (acceptation), or by implied fulfilment through delivery of the merchandise.
3. Right of Withdrawal
Orders placed online (online-shop shop.cecconi.at), by email, letter fax or phone, may be cancelled by the customer within 7 working days after delivery of the goods. The withdrawal may be declared without justification. The customer may declare the withdrawal by sending a simple written statement to Cecconi by email, fax or letter, or by sending the goods together with the original invoice to Andrea Cecconi – Stephansplatz 4, 1010 Wien, Austria. The time limit is kept if the withdrawal is sent or alternatively the goods are returned within the time limit of 7 working days, whereas the Saturday is no working day. Customers from outside the EU (European community) MUST contact Cecconi before sending back their purchase or parts of it, otherwise we will refuse to accept the delivery. In case of withdrawal there will be a partial or complete refund of the purchase price by delivery versus payment after receipt of the goods by Cecconi. The actual cost of return consignment is at the expense of the customer. We will not accept “freight forward” shipment. The goods should be in an unused condition to be resold as new and sent back in their original packaging. We will charge an appropriate depreciation for goods that show signs of use or whose packaging is damaged. The same applies in case that accessories or components of the goods are missing.
3.1 Exclusion of the Right of Withdrawal
The customer has no right of withdrawal if the goods were custom made by request of the customer or were clearly produced to fit the customers requirement. There is also no right of withdrawal for goods that don’t qualify for return consignment.
4. Payment and Terms of Delivery
Cecconi accepts only payment by credit card (VISA, MasterCard, American Express). Payment by credit card is subject to the approval of the financial institution issuing the credit card and Cecconi shall not be liable in any way if such financial institution refuses to accept or honour the credit card for any reason. Unless otherwise expressly agreed, delivery will take place ex store within 2 to 7 working days, at most within 30 days to the customers delivery address. In case the delivery should not be possible within 30 days, the customer may set an additional time limit or cancel the order at no charge. Should the delivery not be possible or be delayed, Cecconi contracts itself to notify the customer by email or phone. The goods will only be insured in case of a written request by the customer, at the customer’s expense. All prices, unless otherwise and clearly marked, are gross prices in EURO (€). You will be charged the indicated price from the day of your order.
5. Shipping and Transfer of Perils
Shipping will take place within 2 to 7 working days via “Österreichische Post AG” (Austrian Mail Service), whereas Saturday is no working day. The goods will only be insured in case of a written request by the customer, and at the customer’s expense. The method of dispatch is left to our choice. With the handover of the goods to the “Österreichische Post AG” or the alternative carrier, the transfer of perils devolves to the customer. An even partial potential absorption of costs of transport by Cecconi has no influence on the transfer of perils.
6. Shipping and Handling Charges
Cecconi charges flat shipping and handling charges depending on the goods and on the delivery address. There is a special shipping and handling page at our online-store. (Link zu der Seite)
7. Privacy Notice
Andrea Cecconi commits itself to comply with the regulations of the data protection act in its valid form. Following personal data will be acquired and processed: Name, physical- and email-address, as well as any further information provided by the customer. The customer accepts that Cecconi acquires, processes and transfers personal data as far as it is necessary for Cecconi to perform its services. If described information has to be processed outside Cecconi by technical reasons (e.g. “Österreichische Post AG” or alternative carrier), Cecconi will make sure that the data will be protected as designated in the data protection act. Under no circumstances Cecconi will hand over the personal data of its customers to any third party (e.g. other e-commerce companies) for business purposes.
9. Retention of Title
The goods will exchange to the customers possession after the total clearing of the invoice.
10. Liability, Compensation and Product Liability
A liability for pretensions beyond guaranty and product liability (consequential damage), as well as the compensation of any damage however claimed, assumes culpable negligence, and has to be proved by the customer. Cecconi shall not be liable for loss of profit. Cecconi will by no means be liable for damage that could have been prevented by the customer, by reasonable measures.
We warrant that the delivery items are free of particular average, corresponding to the respective available technology. The implied warranty is 2 years and starts with the delivery of the goods. In this period, all shortcomings that are subject to the warranty will be repaired at no cost. In case of shortcomings of any article of sale, it’s at our opinion to repair or replace the article of sale. The customer is entitled to ask for abatement or to cancel the contract (redhibitory action) in case that rectification of defects or replacement by Cecconi should fail. Cecconi will pay for the actual cost of shipping to Cecconi and back to the customer. Warranty is not extended by the fact that a product is being repaired or replaced.
11.1 Posible variations from sample pictures
Possible variations of colors or finish from sample pictures on the webpage/shop (www.anri-store.com/shop.cecconi.at) of the delivered merchandise by Cecconi may be due to artistic license and handwork. Therefore this is no reason for a complaint.
12. Alternative Agreements
Agreements differing from the ones stated in this document (special conditions), need to be in written form and signed legally effective by the customer and Cecconi to take effect.
13. Severability Clause
The provisions of this agreement are severable, and in the event that any provision of this agreement shall be determined to be legally unenforceable, other provisions shall remain in force.
14. Place of Fulfilment, Court of Jurisdiction and Choice of Law
Place of fulfilment and court of jurisdiction is Vienna, Austria. Austrian law is to be used to the exclusion of the collision norm.