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Information Obligations according to §5 E-Commerce Act, §14 Company Code, §63 Trade Regulation Act, and Disclosure Obligations according to §25 Media Act.

Contact Person: Eva Schwaighofer, 5020 Salzburg, Austria
Contact: eva@bardotantiquejewellery.com
Member: Salzburg Chamber of Commerce
Professional Law & Trade Regulation: www.ris.bka.gv.at
District Authority: Magistrate of the City of Salzburg
Business Purpose: Advertising Agency
Company Headquarters: 5020 Salzburg

Legal Notice for the Website

All texts, images, and further information published here are subject to the copyright of the provider, unless third-party copyrights exist. In any case, reproduction, distribution, or public presentation is permitted only with the revocable and non-transferable consent of the provider. © 2024 Schwaighofer, Austria

Any items for decorative purposes shown in any images, such as cases, books, flowers, or other objects, are not part of the offer of the jewellery pieces unless explicitly stated otherwise.

TERMS AND CONDITIONS

General Terms and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) These terms and conditions apply to contracts you enter into with us as the provider via our website. Unless otherwise agreed, any terms you may use are expressly rejected.

(2) The goods offered in our online shop are aimed exclusively at buyers who have reached the age of 18 or are appropriately represented.

(3)The language of the contract is German or English.

§ 2 Conclusion of Contract

(1) The subject of the contract is the sale of goods.

(2) By listing a product on our website, we make a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.

(3) The presentation of goods in the online shop does not constitute a binding offer for the conclusion of a purchase contract. Rather, it is an invitation to order goods in the online shop without obligation. The essential features of the goods and/or services are described in the respective offer.

(4) The customer can submit the offer using the online order form integrated into our online shop. After placing the selected goods and/or services in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding offer by clicking the button that completes the ordering process concerning the goods and/or services contained in the shopping cart. Furthermore, the customer can also submit the offer by post, email, fax, or telephone to the supplier. For inquiries for quotes outside of the online shopping cart system, you will receive all contract data in a binding offer in written form, e.g., by email, which you can print or electronically save.

(5) By clicking the button [“Order now with payment obligation”/ “Buy”] or similar, you submit a binding purchase offer.

(6) The order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the supplier can be received at that address. In particular, the customer must ensure that all emails sent by the supplier or by third parties commissioned with order processing can be delivered when using SPAM filters

(7) We can accept the customer's offer within five days by sending the customer a written order confirmation or an order confirmation in text form (fax or email), or by delivering the ordered goods, or by requesting payment from the customer after placing their order. If multiple of the aforementioned alternatives exist, the contract is concluded at the moment one of the aforementioned alternatives occurs first. If the supplier does not accept the customer's offer within the specified period, this is deemed a rejection of the offer, and the customer is no longer bound by their declaration of intent. If the customer selects "PayPal" as the payment method during the online ordering process, they simultaneously issue a payment order to their payment service provider by clicking the button that completes the ordering process. In this case, we declare the acceptance of the customer's offer at the time the customer triggers the payment transaction by clicking the button that completes the ordering process.

§ 3 Payment Conditions; Default
(1) Payment can be made optionally via PayPal, credit card, or advance payment.

(2) If paying by direct debit, you may bear any costs incurred due to a reversal of a payment transaction due to insufficient funds or due to incorrectly transmitted bank account data.

(3) The selection of the available payment methods is at our discretion. We particularly reserve the right to offer only selected payment methods for payment, for example, to secure our credit risk only advance payment.

(4) If advance payment is agreed upon when purchasing through the online shop, payment is due after the contract is concluded. Ordered goods and services will only be produced or delivered after payment has been received.

§ 4 Prices and Payment Modalities

(1) The prices listed in the respective offers, along with shipping costs, represent total prices. They include all price components, including all applicable taxes.

(2) If delivery is made to countries outside the European Union, additional costs may arise that we cannot bear, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees charged by financial institutions), which you will have to cover.

(3) You are responsible for the costs incurred for money transfers (transfer or exchange rate fees of financial institutions) in cases where the delivery is made to an EU member state but payment was initiated outside the European Union.

(4) The payment methods available to you are indicated under a correspondingly labeled button on our website or in the respective offer.

(5) Unless stated otherwise for the individual payment methods, payment claims from the concluded contract are due immediately.

§ 5 Special Provisions Regarding Payment Methods

1. Payment via "PayPal" / "PayPal Checkout": If you select a payment method offered through "PayPal" / "PayPal Checkout," the payment processing is handled by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The various payment options via "PayPal" will be displayed under a correspondingly labeled button on our website as well as in the online ordering process. PayPal may use other payment services for payment processing; if special payment conditions apply, you will be informed separately. Further information about PayPal can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

§ 6 Right of Retention, Retention of Title

(1) You can only exercise a right of retention if it relates to claims from the same contractual relationship.

(2) The goods remain our property until the full payment of the purchase price is completed.

§ 7 Right of Withdrawal
In the event that you are a consumer, meaning that the purchase is made for purposes that can predominantly not be attributed to your commercial or self-employed professional activity, you have a right of withdrawal in accordance with the following provisions.

Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day you or a third party designated by you who is not the carrier has taken possession of the goods.
To exercise your right of withdrawal, you must inform us

Bardot - Eva Schwaighofer, MSc,  Rosenweg 27, 5164 Seeham, Austria / eva@bardotantiquejewellery.com

by means of a clear statement (e.g., a letter sent by post or email) of your decision to withdraw from this contract. To comply with the withdrawal period, it is sufficient for you to send the communication regarding the exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal
If you withdraw from this contract, we will refund you all payments we have received from you, including delivery costs (except for the additional costs arising from your choice of a type of delivery other than the least expensive standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this refund.

We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return the goods without delay and in any case no later than fourteen days from the day on which you inform us of the withdrawal from this contract, to us or to hand them over. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to handling them in a way that was not necessary for checking the nature, characteristics, and functioning of the goods.

The right of withdrawal expires as soon as it concerns online products such as e-books, online courses, etc., and these are available directly after purchase via a link and are based on information and knowledge transfer. The right of withdrawal applies exclusively to physical goods.

(1) The right of withdrawal does not exist for

• the delivery of goods that are not pre-manufactured and for whose production an individual choice or specification by the consumer is decisive or that are clearly tailored to the personal needs of the consumer, or
• the delivery of audio or video recordings, written digital documents, or software in a sealed package if the seal has been removed after delivery.

(2) A right of withdrawal expires according to § 356 Abs. 5 BGB in a contract for the delivery of digital content not on a physical data carrier if the entrepreneur has started to perform the contract after the consumer has expressly consented to the entrepreneur starting to perform the contract before the withdrawal period has expired and has confirmed his awareness that he loses his right of withdrawal by consenting to the start of performance of the contract. This applies primarily to online digital products such as e-books or e-courses.

§ 8 Warranty

(1) Unless expressly agreed otherwise, your warranty claims are governed by the statutory provisions of the law of purchase.

 (2) As a consumer, you are requested to immediately check the goods upon delivery for completeness, obvious defects, and transport damage and to inform us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.

(3) An insignificant defect generally does not give rise to warranty claims; the supplier has the choice of how to remedy the defect; the statute of limitations does not restart when a replacement delivery is made under the warranty.

(4) If a characteristic of the goods deviates from the objective requirements, such deviation shall only be considered agreed if you were informed of it before submitting the contractual declaration and the deviation was explicitly and separately agreed upon by the contracting parties.

§ 9 Delivery Conditions
(1) The delivery conditions, delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

(2) If you are a consumer, it is legally regulated that the risk of accidental loss and deterioration of the sold item during shipping only passes to you upon delivery of the goods, regardless of whether the shipping is insured or uninsured. This does not apply if you independently commission a carrier not named by the entrepreneur or another person designated for the execution of the shipping.

§ 10 Choice of Law, Place of Fulfillment, Jurisdiction

(1) For all legal relationships of the parties, the law of the Republic of Austria shall apply, excluding the UN Sales Convention. For consumers, this choice of law only applies to the extent that the protection granted is not deprived by mandatory provisions of the law of the state in which the consumer resides.

(2) The place of fulfillment for all services from our existing business relationships and the jurisdiction is our headquarters, unless you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general jurisdiction in AUT or the EU or if your residence or habitual abode is not known at the time of the filing of the lawsuit. The right to call upon a court at another legal jurisdiction remains unaffected.

 (3) If you are a merchant, a legal entity under public law, or a special public fund, our place of business is the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.

§ 11 Alternative Dispute Resolution 

The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes related to their online orders initially without involving a court. The dispute resolution platform can be accessed at the external link http://ec.europa.eu/consumers/odr/.
We strive to amicably resolve any disputes arising from our contract. Furthermore, we are not obliged to participate in a mediation procedure and unfortunately cannot offer you participation in such a procedure.

§ 12 Final Provisions 

(1) Should one or more provisions of these terms and conditions be invalid or become invalid, the validity of the other provisions shall not be affected.

DATA PROTECTION

This privacy policy informs users about the type, scope and purpose of the collection and use of personal data by the responsible provider Bardot, Eva Schwaighofer, MSc, 5020 Salzburg, Austria, eva@bardotantiquejewellery.comon this website.

Access data / server log files

The provider (or its web space provider) collects data about every access to the offer (so-called server log files). The access data includes: name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider. The provider only uses the log data for statistical evaluations for the purpose of operating, securing and optimizing the offer. However, the provider reserves the right to subsequently check the log data if there is reasonable suspicion of illegal use based on concrete evidence.

Handling personal data

Personal data is information that can be used to identify a person, i.e. information that can be traced back to a person. This includes the name, email address or telephone number. But data about preferences, hobbies, memberships or which websites someone has viewed are also considered personal data. Personal data is only collected, used and passed on by the provider if this is permitted by law or if the users consent to the data collection.

Contact

When contacting us (for example via contact form or email), the user's details are stored for the purpose of processing the request and in the event that follow-up questions arise. If you initiate business contact with us by email, we will only collect your personal data (name, email address, message text) to the extent you provide it. 

When you use the contact form, we only collect your personal data (name, email address, message text) to the extent you provide it. The data processing serves the purpose of establishing contact.

Comments and posts

When users leave comments on this website, their IP addresses are stored. This is done for the security of us in case someone writes illegal content in comments and posts (insults, prohibited political propaganda, etc.). In this case, the provider itself can be prosecuted for the comment or post and is therefore interested in the identity of the author. We reserve the right to delete comments.

Collection, processing and transfer of personal data when placing orders

When placing an order, we only collect and process your personal data to the extent that this is necessary to fulfil and process your order and to process your enquiries. The provision of the data is necessary for the conclusion of the contract. Failure to provide the data means that no contract can be concluded. The processing is necessary for the fulfilment of a contract with you.

Your data is passed on, for example, to the shipping companies and dropshipping providers you have chosen, payment service providers, service providers for order processing and IT service providers. In all cases, we strictly observe the legal requirements. The scope of data transmission is limited to a minimum.

Your rights

You generally have the right to information, correction, deletion, restriction, data portability, revocation and objection. If you believe that the processing of your data violates data protection law or that your data protection claims have otherwise been violated in any way, you can complain to the supervisory authority. In Austria, this is the Data Protection Authority, whose website you can find at https://www.dsb.gv.at/ .

Data storage

We would like to point out that for the purpose of simplifying the purchasing process and for later contract processing, the web shop operator stores the IP data of the connection owner in cookies, as well as the name, address and, if applicable, credit card number [...] of the buyer.

In addition, the following data is also stored by us for the purpose of contract processing: name, email, method of payment, order details, comments added by the customer, account details and contact details identifiable in this context. The data you provide is required to fulfill the contract or to carry out pre-contractual measures. Without this data, we cannot conclude the contract with you. Data is not transmitted to third parties, with the exception of the transmission of credit card or payment data to the processing banks/payment service providers for the purpose of processing your order, if necessary for delivery of the goods and to our tax advisor to fulfill our tax obligations.

After the purchasing process has been cancelled, the data stored by us is deleted. In the event of a contract being concluded, all data from the contractual relationship will be stored until the expiry of the tax retention period (7 years).

The data name, address, purchased goods and date of purchase will be stored beyond this period, if necessary, until the expiry of the product liability period. The data processing is carried out on the basis of the legal provisions of Section 96 Paragraph 3 of the Telecommunications Act (TKG) and Article 6 Paragraph 1 Letter a (consent) and/or Letter b (necessary for the performance of the contract) of the GDPR.

Integration of third-party services and content

It may happen that third-party content, such as videos from YouTube, maps from Google Maps, RSS feeds or graphics from other websites, is integrated within this online offer. This always requires that the providers of this content (hereinafter referred to as "third-party providers") perceive the IP address of the user. Without the IP address, they would not be able to send the content to the browser of the respective user. The IP address is therefore required to display this content. We endeavor to only use content whose respective providers use the IP address solely to deliver the content. However, we have no influence if the third-party providers save the IP address, e.g. for statistical purposes. As far as we are aware of this, we inform users about it.

Newsletter 

We use the newsletter to inform you about us and our offers. If you would like to receive the newsletter, we need a valid email address from you as well as information that allows us to verify that you are the owner of the email address provided or that the owner of the address agrees to receive the newsletter. No further data is collected. This data is only used to send the newsletter and is not passed on to third parties. When you register for the newsletter, we save your IP address and the date of registration. This storage serves solely as evidence in the event that a third party misuses an email address and registers to receive the newsletter without the knowledge of the authorized person. You can revoke your consent to the storage of the data, the email address and their use to send the newsletter at any time. The revocation can be made via a link in the newsletters themselves, in your profile area or by sending a message to the contact options above. If you unsubscribe from the newsletter - you will find the link for this at the bottom of every newsletter - we will delete all data that was saved when you registered for the newsletter.

Cookies

Our website uses HTTP cookies to store user-specific data. A cookie is a short data packet that is exchanged between the web browser and the web server, but is completely meaningless for them and only becomes meaningful for the web application, e.g. an online shop, such as the contents of a virtual shopping cart. There are two types of cookies: first-party cookies are created by our website, third-party cookies are created by other websites (e.g. Google Analytics). There are three categories of cookies: absolutely necessary cookies to ensure basic functions of the website, functional cookies to ensure the performance of the website and targeted cookies to improve the user experience. We use cookies to make our website more user-friendly. Some cookies remain stored on your device until you delete them. They enable us to recognize your browser the next time you visit. If you do not want this, you can set up your browser so that it informs you about the setting of cookies and you only allow this in individual cases. You can delete cookies that are already on your computer or deactivate cookies at any time. The procedure for doing this varies depending on the browser. The best way to do this is to search for instructions in Google using the search term “delete cookies chrome” or “deactivate cookies chrome” in the case of a Chrome browser, or replace the word “chrome” with the name of your browser, e.g. edge, firefox, safari. If you generally do not allow us to use cookies, i.e. deactivate them via browser settings, some functions and pages may not work as expected. You can manage many online advertising cookies from companies via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/uk/your-ad-choices/.

Google Analytics Privacy Policy 

We use the web analysis service Google Analytics from Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; "Google") on our website. The data processing serves the purpose of analyzing this website and its visitors as well as for marketing and advertising purposes. For this purpose, Google will use the information obtained on behalf of the operator of this website to evaluate your use of the website, to compile reports on website activity and to provide the website operator with other services related to website activity and internet usage. The following information may be collected, among others: IP address, date and time of page access, click path, information about the browser you use and the device you use, pages visited, referrer URL (website you used to access our website), location data, purchasing activities. Google may link your data to other data, such as your search history, your personal accounts, your usage data from other devices and any other data Google has about you.

Google Analytics uses so-called "cookies", text files that are stored on users' computers and that enable an analysis of their use of the website. The information generated by the cookie about the use of this website by users is usually transferred to a Google server in the USA and stored there. However, if IP anonymization is activated on this website, Google will shorten the IP address of users within member states of the European Union or in other contracting states to the Agreement on the European Economic Area beforehand. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate the use of the website by users, to compile reports on website activity and to provide the website operator with other services related to website activity and internet usage. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. Users can prevent the storage of cookies by setting their browser software accordingly; however, this offer draws users' attention to the fact that in this case they may not be able to use all functions of this website to their full extent. Users can also prevent the collection of data generated by the cookie and related to their use of the website. However, we would like to point out to users that in this case you may not be able to use all functions of this website to their full extent. Further information on Google's use of data for advertising purposes, setting options and objection options can be found on the Google websites.

Further information and Google’s privacy policy can be found at: https://www.google.de/policies/privacy/

Instagram privacy policy

We use functions of the social media network Instagram from Instagram LLC, 1601 Willow Rd, Menlo Park CA 94025, USA on our website. With the functions for embedding Instagram content (embed function) we can display images and videos. By accessing pages that use such functions, data (IP address, browser data, date and time, cookies) is transmitted to Instagram, stored and evaluated. If you have an Instagram account and are logged in, this data will be assigned to your personal account and the data stored in it. The data protection guidelines, which information Instagram collects and how they use it can be found at https://help.instagram.com/155833707900388.

Sources for Datenschutz & AGB:

firmenwebseiten.at

Datenschutz-Generator.de by RA Dr. Thomas Schwenke

www.e-recht24.de

HÄRTING Rechtsanwälte, www.haerting.de