Terms and Conditions
1000 Steine GesBR
1. Contracting Party and Scope
These General Terms and Conditions (“GTC”) apply in the relationship between
1000 Steine GesbR
Mürzsprungstrasse 3a, 2102 Bisamberg
Website: https://www.1000steine.at/
Email: office@1000steine.at
(hereinafter "1000 Steine") and its customers (hereinafter "Customers").
These GTC are available in German and English. Only the German text of these GTC is binding, the English text serves as a working translation only.
The application of the customer's own terms and conditions is excluded. Any provisions that have been separately agreed in writing with the customer and deviate from these General Terms and Conditions take precedence over these General Terms and Conditions.
If within the framework of the contractual relationship between 1000 Steine and its customers, terms and conditions or other contractual provisions of third parties apply, they will have an effect on the customer (in particular for payment processing, e.g. via Wix.com Ltd., Klarna / Sofortüberweisung, credit card).
"Consumers" are customers who are consumers within the meaning of the Consumer Protection Act.
Customers who are not consumers within the meaning of the Consumer Protection Act are referred to as “entrepreneurs”.
2. Conclusion of contract
The online presence and in particular the online shop of 1000 Steine do not include any binding offers from 1000 Steine to its customers for the conclusion of a contract; they are merely an invitation from 1000 Steine to its customers to make a binding offer to conclude a contract by placing an order (or uploading their own photos). If customers place an order, 1000 Steine is entitled, but not obliged, to accept this offer for the conclusion of a contract.
3. Prices and terms of payment
The following applies to deliveries within Austria: All quoted prices include any sales tax and shipping costs.
The following applies to a delivery outside of Austria that has been agreed on an individual basis: All quoted prices include any sales tax, but exclude customs duties and any shipping costs etc. (see also 5. Terms of delivery and shipping ).
4. Retention of Title
Products that are the property of 1000 Steine and in respect of which 1000 Steine is obliged to transfer title to the customer, 1000 Steine retains title to the item until receipt of the full purchase price.
5. Terms of delivery and shipping
Deliveries are generally limited to Austria. Customers have no legal entitlement to deliveries outside of Austria, unless otherwise agreed in individual cases - usually by charging additional shipping costs.
The delivery takes place on the dispatch route to the delivery address specified by the customer.
Dispatch takes place within ten working days (Monday to Friday) from the order confirmation, unless a longer delivery period is justified in justified individual cases.
If delivery is not possible for reasons attributable to the customer, the customer shall bear the costs incurred by 1000 Steine as a result. Any further claims for damages remain unaffected.
The following applies to customers who are entrepreneurs: The product is deemed to have been handed over when it is handed over to the shipping company used (usually Österreichische Post Aktiengesellschaft); this is also the time of the transfer of risk.
6. Product Features
1000 Steine products include a variety of individual stones in precisely coordinated shades. Upon delivery of the product, these stones are grouped and packaged by shade. This is essential for customers to be able to assemble the motifs using instructions; 1000 Steine therefore expressly advises against mixing the stones of different colors, as this makes it impossible to put the picture together (see also 7. Warranty / liability and 10. Right of withdrawal for consumers ).
1000 Steine sells products that are made up of small parts and may also include adhesive materials (such as super glue or tape). Accordingly, there is a risk of choking, injury and suffocation for children, which is why children must not handle the products unsupervised.
7. Warranty / Liability
The statutory warranty law applies to the products, unless otherwise stipulated in these General Terms and Conditions.
If customers mix stones of different shades (see 6. Product characteristics and 10. Right of withdrawal for consumers ), it is almost impossible - also for 1000 Steine - to recreate these stones to group color shades and to check that they are complete. Should customers, contrary to these express warnings, mix stones of different shades, they will lose all warranty claims with regard to the correct number and color of the stones.
The view of the products on a (computer) screen, in particular on 1000 Steine's website, may differ from the physical product, especially in terms of color tones. This is due to the individual screen settings and is therefore not in 1000 Steine's sphere, which is why 1000 Steine cannot assume any liability/guarantee for this.
1000 Steine is only liable for intentional and grossly negligent conduct, regardless of the legal reason. If the claim for compensation is asserted by an entrepreneur, the entrepreneur must prove that at least gross negligence has occurred.
In the case of personal injury, 1000 Steine is also liable for slightly negligent conduct. If the claim for compensation is asserted by an entrepreneur, the entrepreneur must prove that at least slight negligence has occurred.
1000 Steine is not liable for direct or indirect damage, third-party damage, consequential damage, pure financial loss or loss of profit. 1000 Steine is also not liable for damage resulting from the fact that customers have not adhered to the specifications of any operating instructions available online or supplied (e.g. for assembling products).
8. Intellectual Property / Intellectual Property Rights
For products that are made to customer specifications or are clearly tailored to personal needs,
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the ordering customers guarantee that they have the necessary (in particular intellectual property) rights that are required for 1000 Steine to perform its services in accordance with the contract;
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the ordering customers grant 1000 Steine all necessary rights that are necessary for 1000 Steine to perform its services in accordance with the contract;
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the ordering customers are solely responsible and liable for ensuring that these products do not violate the rights of third parties (in particular intellectual property rights); should 1000 Steine be held liable for such violations, the respective customer must indemnify and hold 1000 Steine completely harmless.
In general, 1000 Steine assumes no liability for the intellectual property rights of products.
9. Privacy
The legally compliant handling of personal data, in particular with regard to data processing, security and confidentiality, has the highest priority at 1000 Steine. 1000 Steine always processes personal data in accordance with the applicable data protection regulations.
1000 Steine stores and processes the personal data provided by the customer (in particular first name, last name, address, e-mail address and telephone number) for the fulfillment of the contract and billing.
Detailed information on data protection can be found in 1000 Steine's data protection declaration. This is available under DATA PROTECTION and can be downloaded as a PDF .
The customer confirms that he has read the privacy policy.
10. Right of Withdrawal for Consumers
For customers who are consumers, the following special provisions of the Distance and External Business Act ("FAGG") apply. These special provisions only apply to contracts with 1000 Steine that were concluded exclusively using means of distance communication (e.g. online or via e-mail).
Consumers have the right to withdraw from the contract within fourteen days without giving reasons.
In the case of sales contracts and other contracts aimed at the purchase of goods against payment, the cancellation period begins
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on the day on which the consumer or a third party designated by the consumer who is not acting as a carrier obtains possession of the goods;
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if the consumer has ordered several goods within the framework of a single order, which are delivered separately, on the day on which the consumer or a third party designated by the consumer who is not acting as a carrier obtains possession of the goods delivered last;
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in the case of delivery of goods in several partial consignments, on the day on which the consumer or a third party designated by the consumer who is not acting as the carrier obtains possession of the last partial consignment;
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in the case of contracts for the regular delivery of goods over a specified period of time, on the day on which the consumer or a third party designated by the consumer who is not acting as the carrier obtains possession of the goods delivered first;
To exercise the right of withdrawal, the consumer must
1000 Steine GesbR
Mürzsprungstraße 3a, 2102 Bisamberg
E-Mail: office@1000steine.at
by means of a clear statement (e.g. a letter sent by post or an e-mail) of the decision to withdraw from this contract. The consumer can use this model withdrawal form, but this is not mandatory.
In order to meet the cancellation deadline, it is sufficient for the consumer to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired.
If the consumer withdraws from this contract, 1000 Steine shall immediately and at the latest within fourteen days from the day on which 1000 Steine received notification of the cancellation of this contract. For this repayment, 1000 Steine uses the same means of payment that the consumer used in the original transaction, unless something else was expressly agreed with the consumer; under no circumstances will the consumer be charged for this repayment. 1000 Steine may refuse repayment until 1000 Steine has received the goods back or until the consumer has provided 1000 Steine with proof that the goods have been returned, whichever is earlier.
The consumer must return or hand over the goods to 1000 Steine without undue delay and in any case no later than fourteen days from the day on which the consumer informed 1000 Steine of the cancellation of this contract. The deadline is met if the consumer sends the goods back before the period of fourteen days has expired.
The consumer bears the direct costs of returning the goods. The consumer only has to pay for any loss in value of the goods if this loss in value is due to handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Such non-essential handling occurs in particular when the consumer (i) assembles the goods without first checking the colors or (ii) has already glued them together. In addition, the consumer must pay for the loss in value of the goods if he mixes stones of different colors (see 6. Product properties and 7. Warranty / liability ).
There is no right of withdrawal in the exceptional cases of § 18 FAGG. In particular, there is no right of withdrawal for contracts for goods that are made to customer specifications or are clearly tailored to personal needs.
11. Miscellaneous Provisions
Failure by 1000 Steine to assert claims immediately shall not constitute a waiver of those claims.
The customer may only offset his own claims against 1000 Steine's claims if 1000 Steine has expressly acknowledged the customer's own claims in writing or if these claims have been legally established by a domestic court.
The customer may only assign claims against 1000 Steine to a third party if 1000 Steine has agreed to the assignment in writing.
Changes and additions to these GTC and all contracts concluded on their basis must be in writing, as must the cancellation of the written form requirement. There are no verbal ancillary agreements.
The following applies to consumers: The effectiveness of the remaining provisions is not affected by the ineffectiveness of individual provisions of these General Terms and Conditions.
The following applies to entrepreneurs: Should a provision of the General Terms and Conditions be or become invalid and/or incomplete, a legally valid provision that comes closest in terms of its economic effects shall take the place of the provision that has become ineffective. The invalidity or incompleteness of a provision does not affect the validity of the other provisions.
Austrian law applies exclusively, excluding reference standards and excluding the United Nations Convention on Contracts for the International Sale of Goods.
Place of performance is Vienna. If a customer is a consumer, the court in whose district the domicile, habitual residence or place of employment of the customer is located is responsible for any legal disputes. In all other cases, the competent court in 1010 Vienna is agreed as the place of jurisdiction.
[Status: October 2023]