Terms of Use
of Andrea Cecconi
Stephansplatz 4
1010 Wien
Austria
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.
2.1 Validity
Orders and contracts are only legally binding for Cecconi,
if approved in written form by email, fax or letter by Cecconi.
By placing an order the customer accepts these terms of use. In
case of scribal error, misprint or miscalculation on the webpage,
Cecconi is entitled to cancel the contract.
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.
8. Retention of Title
The goods will exchange to the customers possession
after the total clearing of the invoice.
9. 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.
10. Warranty
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.
10.1 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.
11. 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.
12. 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.
13. 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.
