1. Preamble

Nathalie Flückiger, postal address: Steinergasse 9,2,17a, 1170 Vienna, Austria (hereinafter referred to as "EMBERGLASS") specialises in the manufacture and trade of customised jewellery (hereinafter referred to as "Goods" or “product”).

These General Terms and Conditions (hereinafter "GTC") deal with the trade via the webshop of EMBERGLASS. However, these GTC can also be used in offline trade.

The customers are usually consumers in the sense of section 1 (1) number 2 KSchG (Austrian costumer protection Act) but also entrepreneurs in the sense of section 1 (1) number 1 KSchG.

For the sake of better readability, no gender-specific differentiation is made. This is done without any intention of discrimination. All genders are addressed equally.

2. Scope

All business relations between EMBERGLASS and the customer are subject to these GTC in the version applicable at the time of the conclusion of the transaction. These GTC supersede any general terms and conditions of the customer.

These GTC may be permanently stored on the customer's computer and/or printed out by the customer for the purpose of the online order.

The contractual, ordering and business language is German or English (depending on the selection).

3. Terms of use

In order to be able to purchase goods electronically from EMBERGLASS, customers may have to register in the online shop. In the course of the business relationship, the customer must provide true and complete information and always keep his data up to date. He has to treat his data confidentially and to protect it from access by unauthorised persons. If the customer suspects misuse by third parties, he has to inform EMBERGLASS immediately.

The customer must refrain from all measures which could endanger or impair the technical provision of the online shop (including cyber attacks).

4. Offering and conclusion of contract

By clicking on the button "Pay now", the customer places a binding order to conclude a contract with EMBERGLASS. EMBERGLASS is not obliged to accept this order. Before the final sending of an order, the customer has the opportunity to check it once again for any errors and to correct it if necessary.

EMBERGLASS confirms the receipt of an order to the customer by sending an e-mail to the address given by the customer ("order confirmation"). This e-mail does not represent an acceptance of the order by EMBERGLASS. The presentation of the goods in the online shop does not represent a legally binding offer, but only an invitation to order ("offer to make an offer").

EMBERGLASS reserves the right to check the feasibility of the order within three working days.

EMBERGLASS can accept offers by confirming the acceptance of the offer in a further e-mail ("contract confirmation") or by sending the ordered goods. Only then does the contractual relationship with the customer come into being.

The delivery time is shown in the webshop. The delivery time within Europe is usually between 3 to max. 7 working days, worldwide between 5 - max. 14 days.

If EMBERGLASS is prevented from complying with the delivery period due to force majeure (e.g. natural disasters or epidemics) or delivery bottlenecks of third party suppliers, EMBERGLASS will inform the customer of this as soon as possible. In these cases, the delivery period shall be extended by the duration of the events.

5. Legal capacity and legality

If an order is placed via the goods shop, EMBERGLASS assumes that the customer has the necessary legal capacity to conclude the transaction, legally represents the customer and is authorised to place the order (power of attorney).

The customer bears the sole responsibility that EMBERGLASS is entitled to process the materials provided (in particular the ashes of the deceased).

6. Payment modalities

The prices listed in the goods shop are in EUR - unless another currency is specifically stated.

In case of doubt, VAT is not yet included. The amounts stated at the time of ordering shall apply in each case. EMBERGLASS informs the customer again about the prices, taxes and shipping costs in the order summary before the conclusion of the order.

The payment methods accepted by EMBERGLASS are listed in the webshop. The fee is to be paid in advance.

The customer bears the shipping costs, unless otherwise agreed.

Further information on payment and shipping can be found on the website.

The claims of EMBERGLASS become due with invoicing. If the demands are not paid within 14 days, EMBERGLASS will demand 4% per year of legal default interest from the day of the maturity. In the event of default, the customer undertakes to reimburse EMBERGLASS for the reminder and collection costs incurred, insofar as they are necessary for the appropriate prosecution. If the customer is a businessman, section 456 and section 458 UGB (“Austrian business Act”) are relevant.

7. Complaints in the event of transport damage

EMBERGLASS asks - without prejudice to the right of revocation in the sense of point 8 and any warranty rights - the customer to complain about delivered goods with obvious transport damage to the deliverer and to inform EMBERGLASS of this immediately.

8. Right to withdrawal pursuant the Austrian “FAGG”

This right of withdrawal only applies only to private consumers.

The right of withdrawal expressly does not apply to goods that are manufactured according to customer specifications or are clearly tailored to personal needs.

The customer has the right to revoke his contractual declaration or an already concluded contract within fourteen days without giving reasons if the contract was concluded electronically. The withdrawal period is fourteen days from the day on which the consumer or a third party not acting as a carrier and designated by the consumer acquires possession of the goods.

In order to exercise the right of withdrawal, the customer must inform EMBERGLASS of the decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). For this purpose, the customer can use the model withdrawal form, which is listed in Annex I B of the Distance and Outward Transactions Act (https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen HYPERLINK "https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20008847"& HYPERLINK "https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20008847"Gesetzesnummer=20008847) and can also be accessed on the website of EMBERGLASS.

A notice of withdrawal should be sent to the following address:

Nathalie Flückiger

Steinergasse 9,2,17a

1170 Vienna

Austria

mail@ember-glass.com

+436705538210

In order to comply with the withdrawal period, it is sufficient for the customer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. If this option is used, the customer will receive a confirmation of the receipt of such a revocation. If the customer revokes the contractual declaration or an already concluded contract, EMBERGLASS has to refund all payments which it has already received from the customer, including the delivery costs (with the exception of the additional costs which result from the fact that the customer has chosen a type of delivery other than the favourable standard delivery offered by EMBERGLASS) without delay and at the latest within fourteen days from the day on which the notification of the revocation of this contract has been received by EMBERGLASS. For the repayment, EMBERGLASS uses the same means of payment that the customer used for the original transaction; in no case will you be charged for this repayment.

The customer bears the direct costs of the return.

If a loss in value of a product is due to the fact that the product has been used in a way that is not necessary for checking the quality, the customer is liable for this loss in value.

9. Retention of titel „Eigentumsvorbehalt“

All goods delivered by EMBERGLASS remain its property until full payment has been made.

If the customer has not taken over the goods as agreed (default of acceptance), EMBERGLASS is entitled either to store the goods, for which an appropriate storage fee can be charged per calendar year or part thereof, or to deposit them in court at the expense and risk of the customer.

10. Liability and warranty

The liability of EMBERGLASS for damages caused by slight negligence is excluded. The liability of EMBERGLASS is limited to the amount of the order value.

This limitation of liability does not apply with regard to personal injury or for damages according to the Austrian Product Liability Act.

11. Transfer of risk

The risk of loss of or damage to the goods shall (only) pass to a consumer when the consumer or a third party authorised by him to receive the goods (who is not the carrier) has taken possession of the goods.

If the customer is an entrepreneur, the legal regulations shall apply.

Note: In order to reduce the risk of loss of the goods in transit, EMBERGLASS recommends that the goods and materials (in particular the ashes of the deceased) be handed over personally.

12. Privacy of protection of business secrets

The transfer of data and information to the respective business partners required is permitted to the extent necessary for the fulfilment of the contractual relationship, legal obligations and on the basis of predominantly justified interests (Art 6 (1) (b), (c) and (f) GDPR).

EMBERGLASS also draws attention to the fact that the customer's data may be processed for advertising purposes on the basis of legitimate interests (Art 6 (1) (f) GDPR). The customer may object to this form of data processing at any time (Art 21 (2) GDPR).

Further information on the processing of personal data can be found in the data protection declaration.

13. Applicable law and place of jurisdiction

This contractual relationship is based on Austrian law and this is deemed to be agreed. However, this choice of law must not result in the consumer being deprived of the protection granted to him by the mandatory provisions of his country of residence (Art 6 (2) Rome I Regulation). The application of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention) as well as of reference norms is excluded.

The exclusive place of jurisdiction is Vienna. If the customer is a consumer and has his domicile or habitual residence in Austria or is employed in Austria, the customer may, in derogation thereof, only be sued before the courts in whose jurisdiction his domicile, habitual residence or place of employment is located.

Reference is made to the possibility of dispute resolution by way of an online dispute resolution platform (Art 14 (1) sentence 1 ODR Regulation) (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show HYPERLINK "https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE"& HYPERLINK "https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE"lng=DE) and national consumer arbitration boards. EMBERGLASS is not willing to participate in a dispute resolution procedure before a consumer arbitration board.

(November 2022)

Imprint pursuant § 5 ECG, § 25 MedienG und § 14 UGB:

Nathalie Flückiger

Steinergasse 9,2,17a
1170 Vienna
Austria

mail@ember-glass.com
+436705538210

UID: ATU 77548959

Member of the Austrian business chamer: https://www.wko.at/

Supervising Authority: Magistrat für den 17. Bezirk

Applicable law: Gewerbeordnung: https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen HYPERLINK "https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10007517"& HYPERLINK "https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10007517"Gesetzesnummer=10007517

Reference is made to the possibility of dispute resolution by way of an online dispute resolution platform (Art 14 (1) sentence 1 ODR Regulation) (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show HYPERLINK "https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE"& HYPERLINK "https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE"lng=DE) and national consumer arbitration boards. EMBERGLASS is not willing to participate in a dispute resolution procedure before a consumer arbitration board.

Leaf line (“Blattlinie”: Information about the offered goods (jewellery)