AGBs / General Terms and Conditions
General Terms and Conditions of Harry Brunner for Online Jewelry Sales
1. Scope and Identity of the Seller
The contractual partner of the customer is the following person_
Harald Brunner (hereinafter referred to as "Harry Brunner")
Friedrich-Sachergasse 14
3400 Klosterneuburg
Email: info(at)harrybrunner.com
VAT ID: ATU 43838709
These General Terms and Conditions (hereinafter referred to as "GTC") apply to online
product orders placed via the website www.harrybrunner.at. It is irrelevant whether the contractual partner of Harry Brunner is a legal entity or a consumer
(hereinafter referred to as "Customer").
Unless specific contractual conditions have been agreed in writing with Harry Brunner,
only the following GTC apply, to which the Customer of Harry Brunner expressly
agrees.
The Customer's own contractual terms are not recognized by Harry Brunner. Harry Brunner
is exclusively willing to conclude future contracts based on these provisions.
The Customer will not incur any additional costs for using this remote communication method.
2. When is a contract concluded between Harry Brunner and the Customer?
The jewelry displayed on the Internet constitutes a non-binding offer from Harry Brunner
to purchase. The Customer can submit a binding purchase offer exclusively through
the online shopping cart system by adding the desired jewelry to the cart
by clicking the "ADD TO CART" button. All information in accordance with § 8 Para 1 FAGG will be displayed to the Customer in the shopping cart itself.
Via the "CART" button, the Customer can view the contents of the cart and will again
receive all information in accordance with § 8 Para 1 FAGG regarding the items in the cart.
If the Customer wishes to purchase the items in the cart, they must click the
"CHECKOUT" button. In a further step, the Customer must provide their personal data, including
their address. In another step, the Customer must specify the desired payment method
and enter the individual details and data for the chosen payment method.
Thereafter, the Customer can order the items in the shopping cart via a button solution in accordance with § 8 Para 2 FAGG.
The goods and the associated information
in accordance with § 8 FAGG can be viewed at any time.
By clicking the "BUY NOW" button, the Customer submits a binding offer to purchase
to Harry Brunner. Harry Brunner is not obliged to accept this binding offer.
Within a reasonable period, Harry Brunner will send the Customer a confirmation by email. The contract between the Customer and Harry Brunner is only concluded upon receipt of this email. The aforementioned email is one in accordance with § 7 Para 3 FAGG.
The GTC can also be viewed at any time on Harry Brunner's website. In order for the Customer to submit a binding offer, they must confirm that they have read and understood the GTC and the data protection provisions.
3. Which goods are sold?
Harry Brunner sells online jewelry and jewelry pieces made by him. The Customer should also be able to purchase individually designed jewelry pieces online. In this context, the Customer confirms not to transmit any data that infringes on the rights of third parties. The Customer declares now to fully indemnify and hold Harry Brunner harmless in such a case. Harry Brunner also points out that after the transmission of data by the Customer, he cannot verify whether third-party rights are infringed.
4. Right of Withdrawal
The statutory right of withdrawal does not apply to jewelry pieces that have been custom-made according to the individual wishes and specifications of the Customer.
The withdrawal period is 14 calendar days. Within this period, the Customer can withdraw from the contract concluded with Harry Brunner without giving any reasons. The period begins upon receipt of the goods. In the case of a single order of multiple goods, the period begins with the receipt of the last good. In the case of delivery of goods in several partial shipments or pieces, the period begins on the day the Customer takes possession of the last partial shipment or piece.
The Customer can declare withdrawal even before, namely already from his own declaration of contract (order), and does not have to wait for Harry Brunner to accept this order; the contract is only concluded with the acceptance of this order.
The withdrawal can be declared by the Customer with a corresponding clear statement in any form (by phone, email to info(at)harrybrunner.com). The declaration does not have to be in writing. In any case, the intention to withdraw must be clearly evident from the Customer's statement. The mere uncommented return of the goods is certainly not sufficient. For the timeliness of the withdrawal, it is sufficient that it is sent within the withdrawal period. However, the burden of proof that the withdrawal was made in due time lies with the consumer.
The Customer must return the goods to Harry Brunner immediately after declaring withdrawal, at the latest within 14 days from the submission of the withdrawal declaration. It is sufficient if the goods are dispatched within the applicable period. In the event of withdrawal, the Customer bears the costs for returning the goods.
In the event of withdrawal, Harry Brunner shall refund all payments received from the Customer, including any delivery costs, without undue delay, and at the latest within 14 days from receipt of the withdrawal declaration. However, if the Customer chose a different (more expensive) delivery method than the standard one offered by Harry Brunner, these additional costs will not be reimbursed.
5. Data Protection
On this page, you will find Harry Brunner's Privacy Policy. The Customer can only submit a binding purchase offer if they confirm that they have read and understood the Privacy Policy.
6. Delivery
Harry Brunner delivers free of charge within Austria. If the customer incurs shipping costs, these will be shown according to § 8 Abs 1 FAGG.
Unless another period is specified in the product description, delivery will take place within 14 business days. For custom-made products, the delivery period is 42 business days, unless otherwise specified.
The customer must note that no deliveries are made on Sundays and public holidays.
In case of delivery delays, the customer will be informed immediately. In the event of unavailability of the goods, Harry Brunner reserves the right to withdraw from the contract and will immediately return or refund all payments received.
7. Payments/Payment Methods
The purchase price is due upon delivery. The goods remain the property of Harry Brunner until full payment has been made. There is also a prohibition on offsetting claims of the Customer against Harry Brunner.
Harry Brunner offers the following payment methods online_
Payment by credit card
In the event of late payment, statutory interest of 4% p.a. will accrue.
8. Warranty/Damages
Reference is made to the statutory warranty rights. All goods offered by Harry Brunner are handmade jewelry pieces. However, this means that product images may differ from the actually delivered product.
It is particularly pointed out that gemstones are natural products, and therefore the color tone of each stone can differ from another. In this respect, deviations in gemstones are often unavoidable.
No guarantee extending beyond the statutory warranty is given. Claims for damages by the customer are limited to intent and gross negligence.
9. Place of Jurisdiction
The place of jurisdiction is the competent court in the first district of Vienna. This is also the place of performance. Austrian law is always applicable to contracts concluded with Harry Brunner. The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.
10. Dispute Resolution
As of February 15, 2016, the EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with their online order without first involving a court.
The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/.
11. Severability Clause
Should individual provisions of these GTC be ineffective or unenforceable or become ineffective or unenforceable after the conclusion of the contract, the validity of the contract as a whole remains unaffected.
The ineffective or unenforceable provision shall be replaced by an effective and enforceable provision whose effects come closest to the economic objective that the contracting parties pursued with the ineffective or unenforceable provision. The above provisions apply accordingly in the event that the contract proves to be incomplete.
General Terms and Conditions of Harry Brunner for Online Jewelry Sales
1. Scope and Identity of the Seller
The contractual partner of the customer is_
Harald Brunner (hereinafter referred to as "Harry Brunner")
Friedrich-Sachergasse 14
3400 Klosterneuburg
Email: info(at)harrybrunner.com
VAT ID_ ATU 43838709
These General Terms and Conditions (hereinafter referred to as "GTC") apply to online orders via the website www.harrybrunner.at. It does not matter whether the contractual partner of Harry Brunner is a legal entity or a consumer (hereinafter referred to as "Customer").
Unless special contractual conditions have been agreed in writing with Harry Brunner, only these GTC apply, and the Customer expressly agrees to them.
The Customer's own contractual terms are not recognized by Harry Brunner. Harry Brunner is only willing to enter into future contracts based on these terms. The use of this communication medium by the Customer incurs no additional costs.
2. Conclusion of the Contract
The jewelry displayed on the Internet represents a non-binding offer from Harry Brunner to purchase. A binding purchase offer can only be made by the Customer through the online shopping cart system by adding the desired jewelry to the cart using the button "ADD TO CART". All information required under § 8 Abs 1 FAGG will be displayed to the Customer in the shopping cart.
The Customer can view the contents of the cart via the "CART" button and receive all relevant information according to § 8 Abs 1 FAGG.
If the Customer wishes to purchase the items in the cart, they must click the "CHECKOUT" button. In a further step, the Customer must provide personal details and address. Then, the Customer must choose a payment method and provide the necessary payment details.
The Customer can then place the order by clicking the "BUY NOW" button, thus making a binding offer to purchase to Harry Brunner. Harry Brunner is not obliged to accept this binding offer.
Within a reasonable period, Harry Brunner will send the Customer a confirmation by email. The contract between the Customer and Harry Brunner is only concluded upon receipt of this email. This email constitutes a confirmation according to § 7 Abs 3 FAGG.
The GTC can be viewed at any time on Harry Brunner's website. To make a binding offer, the Customer must confirm that they have read and understood the GTC and the privacy policy.
3. Products Sold
Harry Brunner sells custom-made jewelry online. Customers can also purchase individually designed jewelry online. In this context, the Customer confirms that no data will be transmitted that infringes on the rights of third parties. The Customer agrees to indemnify Harry Brunner in such cases. Harry Brunner also points out that after receiving data from the Customer, it cannot verify whether third-party rights are infringed.
4. Right of Withdrawal
The statutory right of withdrawal does not apply to jewelry made according to the Customer's individual specifications.
The withdrawal period is 14 calendar days. Within this period, the Customer can withdraw from the contract with Harry Brunner without providing any reason. The period starts upon receipt of the goods. For orders of multiple items, the period starts upon receipt of the last item. For deliveries in multiple partial shipments or pieces, the period starts on the day the Customer takes possession of the last partial shipment or piece.
The Customer can also withdraw before the order is accepted by Harry Brunner; the contract is only concluded upon acceptance of the order.
Withdrawal can be declared in any form (e.g., by phone or email to info(at)harrybrunner.com). The declaration does not need to be in writing but must clearly express the intention to withdraw. Simply returning the goods without comment is not sufficient. The withdrawal is timely if sent within the withdrawal period. However, the burden of proof for timely withdrawal lies with the Consumer.
The Customer must return the goods immediately after declaring the withdrawal, at the latest within 14 days from the date of the withdrawal declaration. It is sufficient if the goods are sent within the relevant period. The Customer bears the cost of returning the goods in case of withdrawal.
In case of withdrawal, Harry Brunner will refund all payments received from the Customer, including any delivery costs, promptly and at the latest within 14 days from receipt of the withdrawal declaration. However, if the Customer chose a more expensive delivery method than the standard one offered by Harry Brunner, the additional costs will not be reimbursed.
5. Data Protection
The privacy policy of Harry Brunner can be found on this page. The Customer can only make a binding offer if they confirm that they have read and understood the privacy policy.
6. Delivery
Harry Brunner offers free shipping within Austria. Any shipping costs will be displayed according to § 8 Abs 1 FAGG.
Unless otherwise specified in the product description, delivery will be made within 14 working days. For custom orders, the delivery time is 42 working days unless otherwise stated. Deliveries are not made on Sundays and public holidays.
In case of delivery delays, the Customer will be informed promptly. In the event of unavailability of the goods, Harry Brunner reserves the right to withdraw from the contract and will promptly return or refund all received payments.
7. Payments/Payment Methods
The purchase price is due upon delivery. The goods remain the property of Harry Brunner until full payment is made. There is also a prohibition on offsetting claims of the Customer against Harry Brunner.
Harry Brunner offers the following payment method online
Payment by credit card; paypal
In case of default, statutory interest of 4% per annum will apply.
8. Warranty/Damages
Legal warranty rights apply. All goods offered by Harry Brunner are handmade jewelry. This means that product images may differ from the actual delivered product.
Specifically, gemstones are natural products, and as such, the color of each stone may differ from another. Therefore, deviations in gemstones are often unavoidable.
- No guarantee beyond the statutory warranty is provided. Claims for damages are limited to intent and gross negligence.
9. Jurisdiction
The competent court is the one in the first district of Vienna. This is also the place of performance. Austrian law applies to contracts with Harry Brunner. The UN Sales Convention does not apply.
10. Dispute Resolution
From February 15, 2016, the EU Commission provides a platform for online dispute resolution. This allows consumers to resolve disputes related to their online orders without going to court. The dispute resolution platform can be accessed at http_//ec.europa.eu/consumers/odr/.
11. Severability Clause
Should individual provisions of these GTC be invalid or unenforceable, or become invalid or unenforceable after the conclusion of the contract, the validity of the remaining provisions will not be affected.
The invalid or unenforceable provision will be replaced by a valid and enforceable provision that comes closest to the economic goal pursued by the parties with the invalid or unenforceable provision. The above provisions also apply if the contract is found to be incomplete.