Terms

Dear customer,

We are very happy that you are interested in our Pecker Design Products.
Please find some helpful information about our conditions of payment, shipment and return below.

Your Pecker Design Team.

Terms and conditions

 Terms and consumer information in the context of web sale contracts between Pecker Design – hereinafter “Provider” – and the customer.

§ 1 Area of application and general information

(1) Subject to individual understandings and agreements, which take precedence over these terms, the following terms and conditions apply to the business relationship between the provider and the customer exclusively and valid at the time of the order. Conflicting terms and conditions of the customer do not apply unless the provider agrees to their validity in writing.

(2) The customer is a consumer as long as the purpose of the ordered deliveries and performances cannot be linked to a commercial activity or to an activity of an independent entity. In contrast, each natural person or legal entity or incorporated partnership exercising commercial or independent professional activities when concluding this contract, shall be considered entrepreneur.

§ 2 Conclusion of contract

(1) All offers in the shop are merely a non-binding invitation to the customer to place an order. Upon receipt of an order, the order will be verified and an order confirmation will be sent to the customer. No contract is concluded when the client does not receive an order confirmation within 2 working days. The ordering in the shop of the provider works as follows:

(2) The customer can select from the range of products and add them with the “add to shopping bag” button to a virtual shopping bag. With the button “Place order” he delivers a binding offer to purchase the goods in the basket. Before submitting the order, the customer can change the data at any time and view. By placing an order the customer accepts the terms and conditions of Pecker Design.

(3) The provider then sends the customer an automated acknowledgment of receipt by e-mail, in which the customer’s order is listed again. The automated acknowledgment of receipt only documents that the order was received by the provider and does not accept the application. The purchase is concluded only after the declaration of acceptance by the provider, which will be sent in a separate e-mail in form of a receipt.

§ 3 Contract, quality, delivery and product availability

(1) Subject of the contract are the goods and services specified by the customer and listed in the order confirmation, sold at the retail prices listed on the webshop. Errors and mistakes reserved, especially with regard to the availability of goods.

(2) The characteristics of the ordered goods correspond to our product descriptions. The images shown on the website are for illustration only and are definitely not binding. Especially colors may differ due to technical reasons. Technical data, weights, dimensions and specifications are given as accurately as possible, but may have the usual variations. The properties described here do not represent defects in the products delivered by the supplier.

(3) If a product selected by the customer is not in stock at the time of ordering, the customer will be informed immediately. If the product will not be available within the foreseeable future, the provider will inform the customer immediately and no declaration of acceptance will be made.

(4) If the product ordered by the customer is only temporarily unavailable, the provider will also inform the customer of this immediately in the order confirmation. In case the execution of the order is delayed by more than two weeks the customer is entitled to withdraw from the contract without damages arising. In addition to that, the provider is also entitled to withdraw from the contract in this case. He will refund any payments already made by the customer immediately.

§ 4 Reservation of proprietary rights

Up to the complete payment the supplied goods remain property of Pecker Design.

§ 5 Delivery, pricing, shipping

(1) Delivery (delivery to the shipping company) made after receipt of payment.

(2) All prices indicated on the provider’s website include statutory VAT.

(3) The appropriate shipping charges are indicated in the order form and shall be borne by the customer.

(4) The goods are shipped by insured mail or carrier.

§ 6 Payment, compensation and retention

(1) The customer may pay via direct banking transfer, by PayPal or check.

(2) The payment of the purchase price is payable immediately upon conclusion of the contract. If the due date of payment is determined by the calendar, the customer is already in default by failure to meet the deadline. In this case the customer has to pay an interest for default at the rate of 5 percentage points above the base rate.

(3) The customer’s obligation to pay the default interest does not exclude the assertion of further damages caused by default.

(4) The customer can only offset counterclaims that have been judicially established, undisputed or acknowledged in writing by the seller. A lien may be exercised by the customer only if the claims from the same contractual relationship with the underlying stem.

§ 7 Guarantee against material deficiencies and warranty

(1) The supplier is liable for defects in accordance with the applicable statutory provisions,
especially § 434 ff BGB.

(2) A guarantee consists in the goods delivered by the seller only if it has been expressly stated in the order confirmation to the respective article.

§ 8 Liability

(1) The customer’s claims for damages are excluded. This excludes damage claims of the customer arising from injury to life, body or health, or from the violation of essential contractual obligations (cardinal obligations), as well as liability for other damages based on an intentional or grossly negligent breach of the provider, his legal representatives or agents.

(2) In case of breach of fundamental contractual obligations referred to in paragraph 1, the provider shall be liable only to the contract-typical, foreseeable damage if it was caused by simple negligence, unless there is damage claims of the customer from an injury to life, body or of health.

(3) Significant contractual obligations referred to in paragraph 1, the liability for breach of obligations the fulfillment of which the proper execution of the contract and on which the customer can rely.

(4) The restrictions of paragraphs 1 and 2 shall also apply to the legal representatives and Agents of the provider, if claims are asserted directly against them.

(5) The provisions of the Product Liability Act shall remain unaffected.

§ 9 Right of withdrawal

(1) If the customer is a consumer, and he has concluded a contract with the provider by the exclusive use of distance communication, in particular, by phone, email or fax, or via the website, he has the right of withdrawal described below .

(2) The customer has to bear the shipping costs when the delivered goods correspond to those that have been ordered and when the price of the returned goods does not exceed 150 Euro, or when in the case of a higher price you have not yet, at the time of the withdrawal, provided the compensation or have not paid a contractually conditioned partial payment.

A right of cancelation does also not exist

• if the customer has purchased the products for the purposes of his commercial or independent professional activity ( in this case the customer is not a consumer ),

• for products that have been manufactured according to customer specifications or clearly tailored individually for the customer (custom-made products)

• for perishable products and for products whose expiration date has been exceeded,

• for sealed CDs with audio and video recordings or software if the seal has been removed by the customer,

• for newspapers and magazines .

– Cancellation policy –

You have the right to withdraw your contract declaration in written form (eg. letter, fax, email) within 14 days by returning the goods if they were provided before the deadline. The withdrawal period starts when this information is received in writing, however not before receipt of the goods by the recipient (where similar goods are delivered on a recurring basis, then not before receipt of the first part delivery), nor before we have fulfilled our obligations to provide information as defined in Article 246 § 2 in connection with § 1 paragraph 1 and 2 draft Law as well as our duties under § 312e Section 1 Clause 1 BGB in conjunction with Article 246 § 3 BGB. The timely dispatch of the revocation or the goods shall be deemed sufficient for compliance with the revocation term.

The revocation must be sent to:

Pecker Design Studio
Martin Zanolin
Ferdinandstrasse 27/28
1020 Vienna
E- mail: mail@peckerdesign.at

Consequences of revocation

In the case of an effective revocation the mutually received benefits and if so derived profits are to be returned. Should you not be able to return the received merchandise or service in whole or in part in the condition you received it, we are entitled to demand compensation for the deterioration of value. For the deterioration and derived benefits, you must pay compensation only if the use or the deterioration is due to a utilization that exceeds the test of characteristics and functioning. By “test of the characteristics and functioning” we mean testing and trying out the goods, as it is possible and customary in a retail store.

Transportable items are to be returned at our risk. You have to bear the shipping costs when the delivered goods correspond to those that have been ordered and when the price of the returned goods does not exceed 150 Euro, or when in the case of a higher price you have not yet, at the time of the withdrawal, provided the compensation or have not paid a contractually conditioned partial payment.

Goods not suitable for delivery by parcel will be picked up. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your cancellation or the goods, for us with their reception.

– End of cancellation policy –

 § 10 Final provisions

(1) Any contract between the provider and the customer, the law of the Austrian Republic under exclusion of the UN Sales Convention.

(2) Insofar as the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the location of the provider.

(3) The contract shall remain valid in its other parts even if individual provisions are legally ineffective.