General Terms & Conditions
General Terms & Conditions (GTCs) per 17 March 2021
1. Validity of the GTCs
The terms and conditions of the contract below become part of our contract upon signature or confirmation of purchase, provided we can prove that you have actually taken note of them and agreed to them.
2. Contractual partner
The purchase contract is concluded with MyDesignPartner e.U., the owner of Camden+Willows. Further information about us can be found in the imprint. For questions or complaints, we can be reached at email@example.com or by phone via +43 677 624 177 70.
3. Conclusion of contract (purchase) in the web shop
The product descriptions contained in the Camden+Willows online shop do not constitute binding offers, but serve to obtain a binding offer from you. You can submit the offer via the online order form integrated in our online shop. After you have placed the selected goods and/or services in the virtual shopping basket and gone through the electronic ordering process, you submit a legally binding contractual offer by clicking the button that concludes the ordering process. You can also submit the offer by e-mail or telephone.
Camden+Willows may accept your offer within five days,
- by sending you a written order confirmation or an order confirmation in text form (by e-mail), or
- by requesting payment after you have placed your order.
If we do not accept your offer within the aforementioned period, this will be deemed to be a rejection of the offer with the consequence that you will no longer be bound by your declaration of intent.
The period for acceptance of the offer begins on the day after you send the offer and ends with the expiry of the fifth day following the sending of the offer.
When submitting an offer via the Camden+Willows online order form, the text of the contract will, together with these GTCs, be saved and sent to you in text form (by e-mail) after you have sent your order.
Unless otherwise stated in our product description, the prices quoted are total prices which include the statutory Austrian value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description as part of the ordering process.
In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which we are not responsible and which are to be borne by you. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union but you make the payment from a country outside the European Union.
There are various payment options available to you which are indicated in our online shop.
If payment in advance is agreed for purchases via the online shop, payment is due immediately after conclusion of the contract.
Camden+Willows is expressly entitled to ask for partial settlements if the service is provided in parts.
5. Payment terms
You undertake to pay the purchase price in full upon conclusion of the contract.
6. Interest for late payment
Even in the event of a delay in payment for which you are not responsible, we shall be entitled to charge interest on arrears in the amount of 10% above the base interest rate per annum; this shall not affect claims for compensation for proven higher interest.
7. Transportation and transfer of risk
You shall bear the costs of transport unless otherwise agreed. The risk of transport shall pass to you as soon as the goods are delivered to you or to a third party designated by you and different from the carrier. If you have concluded the contract of carriage yourself without making use of a choice offered, the risk shall pass to you or to the carrier as soon as the goods are delivered to you or to the carrier.
If you are trading as a consumer, you are requested to complain to the delivery person about goods delivered with obvious transport damage and to inform the supplier of this. Failure to do so will not affect your statutory or contractual warranty claims. However, you will help us to assert our own claims against the carrier or transport insurance company.
8. Retention of title
The goods remain our property until full payment of the purchase price and all costs and expenses. In the event of default, we shall be entitled to assert our rights arising from the retention of title. It is agreed that the assertion of the retention of title does not constitute a withdrawal from the contract unless we expressly declare the withdrawal from the contract.
9. Returns / Cancellations
You have the right to cancel this contract within fourteen days without giving any reason. (However, there is no right of withdrawal for goods that have been made to your specification.) The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have/has taken possession of the goods;
To exercise your right of withdrawal, you must inform us [Camden+Willows, Pfitznergasse 1, A-1230 Vienna, +4367762417770, firstname.lastname@example.org] by means of a clear statement (e.g. an e-mail or a letter sent by post) of your decision to cancel your purchase. If you wish, you can use the attached sample cancellation form.
To comply with the cancellation period, it is sufficient that you send us the notification of the cancellation before the end of the cancellation period.
If you cancel this contract, we must refund all payments we have received from you, including delivery costs (with the exception of any additional costs resulting from the fact that you may have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your cancellation of this contract.
You are only liable for a loss in value of the goods if this loss can be attributed to improper handling of the goods before they are returned to us. If at all possible, please send us the goods in the original packaging as you received them.
For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; you will not be charged any fees by us for this repayment. We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the deadline of fourteen days.
You are required to bear the costs of returning the goods.
The statutory warranty provisions for consumers in Austria apply.
Warranty claims are to be addressed to:
You waive the possibility of set-off. However, this does not apply to consumers in the event of our inability to pay and in the case of counterclaims which are legally related to our claim, which have been established by a court or which have been recognised by us. In these cases, consumers have the option of off-setting.
12. Formal notices
Declarations, notifications, etc. addressed to us – with the exception of notifications of defects – must, in order to be legally effective, be made in writing with an original signature or a secure electronic signature.
13. Contractual language
The languages available for the conclusion of the contract are German and English.
14. Choice of governing law
Austrian law shall apply to this contract. For consumers who are not domiciled in Austria at the time of conclusion of the contract, the statutory places of jurisdiction shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply. If you are a merchant, a legal entity under public law or a special fund under public law, Vienna shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.
15. Late payments
Insofar as you have to fulfil your payment obligation in instalments, it is agreed that if you fail to pay even one instalment on time, all outstanding instalments shall become due immediately without further notice.
In the case of consumer transactions, the above provision shall apply mutatis mutandis, insofar as we have rendered our performance in full, even if only one outstanding payment by you is due for at least six weeks, and if we have sent you a reminder setting a grace period of at least two weeks to make up the late payment.
Should any provision in these terms and conditions or any provision within the scope of our other agreements be or become invalid, this shall not affect the validity of the remaining provisions or agreements.