General Terms and Conditions for jelenafiala.com

December 1, 2018

1. Scope of Application and Acceptance of the General Terms and Conditions

1.1. These General Terms and Conditions (hereafter known as "GTC") are valid for all contracts concluded between Elena Dolgova and a Customer who is consumer (hereafter known as "Customer") via the Website jelenafiala.com (hereafter "Website"). According to § 1 Abs. 1 Z 2 KSchG, "consumer" means any private individual, to whom the related legal transaction is not attributable to the conduct of his commercial activities. The terms "item(s)" and "good(s)" are used interchangeably throughout this GTC.
1.2. These GTC are not valid for special and custom orders. Please contact jelena@jelenafiala.com for any special requests.           
1.3. The Customer acknowledges and agrees to these GTC as soon as he makes an order by placing a check mark in the field "I agree with Terms and Conditions". The valid version of these GTC is always the one, shown on this Website at the time of the order and can be viewed and printed any time before and during the process of consent.
1.4. Deviating terms and conditions of the Customer are rejected, unless they are explicitly acknowledged and accepted by Elena Dolgova.

2. Contract Language

2.1. The contract is provided in German and English language.

3. Conclusion of Contract and Order Terms

3.1. The goods presentation on this Website, does constitute a binding contractual offer by Elena Dolgova on the items shown. When a Customer clicks on the "Pay now" button, the Customer accepts the offer for the selected items in his/her shopping cart and the contract is concluded. 
3.2. Elena Dolgova reserves the right to change the items offered on the Website at any time without prior notice.

4. Technical Order Process

4.1. On the assortiment overview of the online shop jelenafiala.com/shop, the Customer can select one or more items by clicking the button „Add to cart“ or a corresponding graphical symbol. After placing all desired items in the shopping cart, the Customer can start the order process by clicking on the „Checkout“ button and agreeing to the GTC (by setting the appropriate check mark).
4.2. Placing an order is possible for registered Customers as well as for (unregistered) guest Customers. In the next step of the order process, the Customer can register by specifying his personal data (name, e-mail and delivery address) or the Customer can go to the cash desk without creating a Customer account. Already registered Customers can log in with their access data by clicking on the corresponding button.    
4.3. In the next step, the Customer can select the preferred payment method. The following forms of payment are available to the Customer: PayPal, credit card, bank transfer.
4.4. The relevant data for the order are summarised in an "Order Information" and can be viewed before placing the order. At this point, the Customer specifies his payment data and has the possibility to check and, if necessary, correct billing and shipping data before sending the binding order. The usual browser functions allow the Customer to go back and change the chosen items as well as the other data of his order.
4.5. By clicking on the "Pay now" button, the Customer accepts the offer for the selected items in his/her shopping cart and the contract is concluded.
4.6. The Customer undertakes to store his access data, especially password, safely and never disclose them to third parties. Elena Dolgova cannot be held liable for the loss or theft of access data or any misuse of a Customer account. Elena Dolgova shall under no circumstances be held liable for any loss, theft or fraudulent use of Customer’s account. The Customer undertakes to inform Elena Dolgova immediately in such an event by sending an e-mail to jelena@jelenafiala.com.
4.7. The Customer may have his account deleted at any time by sending an e-mail to jelena@jelenafiala.com. After the Customer’s account has been deleted, the Customer is free to create a new account at any time.

5. Order Confirmation and Storage of the Contract

5.1. Immediately after sending the order, the Customer receives an order confirmation with the order details by e-mail.
5.2. The Customer will receive the contract including the version of the GTC, which was valid at the time of placing the order along with the Privacy Policy and the Customer's right of withdrawal/withdrawal form together with the delivery of the goods at the latest, electronically by e-mail, whereby the Customer agrees to receive the invoice either by postal service or only electronically by e-mail.
5.3. The contract will be stored but it is not accessible to Customers. The Customer has the possibility to print the electronically by e-mail submitted contract.

6. Customer’s Right of Withdrawal and Withdrawal Form

6.1. The Customer has the right to withdrawal from this contract within 14 without giving any reason.
6.2. The revocation period is 14 days from the date upon which the Customer or another person from whom it can be assumed under the circumstances that he/she is entitled to accept the consignments, who is not the carrier, takes receipt of the goods. In the case of a single order for several goods shipped and delivered separately, the revocation period is 14 days from the date upon which the Customer or another person from whom it can be assumed under the circumstances that he/she is entitled to accept the consignments, who is not the carrier, takes receipt of the last good.
6.3. To exercise  the right of withdrawal, the Customer must notify Elena Dolgova in an unequivocal declaration (e.g. a letter sent using the postal service to Teschnergasse 17/7, 1180 Vienna, Austria or an e-mail written to jelena@jelenafiala.com) of his decision to withdraw from this contract within the revocation period. The Customer may use the enclosed Model Withdrawal Form, but it is not obligatory.

         
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Model Withdrawal Form

I/We(*) hereby give notice that I/we(*) withdraw from my/our* contract of sale of the following goods: __________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
Order on (*)/received on (*): ________________________________________________________________
Name of Customer(s) (*): ____________________________________________________________________
__________________________________________________________________________________________
Address of Customer(s) (*): __________________________________________________________________
__________________________________________________________________________________________
Signature of Customer(s) (*) (only if this form is notified in writing):
______________________________
Date: _________________________
(*) Please delete as appropriate
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6.4. If the Customer withdraws from the contract, Elena Dolgova is obliged to reimburse all payments, affected by the withdrawal, received from him/her, including all shipping costs (with the exception of additional costs resulting from the selection of a shipping method other than the lowest-cost standard shipping offered by Elena Dolgova), no later than 14 days from the date upon which Elena Dolgova receives notice of the withdrawal. The refund shall be issued using the same payment method and in the same currency used by the Customer when paying for the order, unless explicitly agreed otherwise. The Customer also takes note of the fact that his/her bank may take several business days to issue a refund to his/her bank account, depending on the processing time.
6.5. Elena Dolgova reserves the right to refuse to reimburse costs until we have received the returned goods affected by the withdrawal.
6.6. If the Customer withdraws from the contract, he/she is obliged to send back all goods affected by the withdrawal, at least within 14 days from the date upon which he/she notified us of his/her decision to withdraw from this contract to: Elena Dolgova, Zeschnergasse 17/7, 1180 Vienna, Austria.The deadline is met if the Customer sends off the goods before the expiry of the period of 14 days.
6.7. All costs of returning the goods must be borne by the Customer.
6.8. It is explicitly recommended that the Customer sends returned goods only as insured and registered parcel with tracking number. That the returned goods have been sent off can be proven by the Customer by sending a copy/scan or photo of the certificate of posting together with the tracking number by e-mail to shop@jelenafiala.com. If the Customer is not able to provide such proof, Elena Dolgova will retain the purchase price already paid in case of loss.      
6.9. Each individual good is carefully checked before shipping, so that any damage, soiling or the like is excluded on our part. We do not take back returned goods which are soiled, have been worn, washed or dry-cleaned by the Customer. Any damage to the returned goods caused by incorrect handling is at the Customer’s expense.
6.10. When exercising the right of withdrawal, goods must be returned in their original condition and packaging, together with a fully filled Withdrawal Form and the invoice in original or copy form in the case of a partial return.         
6.11. If returned goods were packed inappropriately or in a manner which was not safe for transport and therefore were soiled or damaged during return shipment, the Customer must bear all costs of the damage.

7. Prices   

     
7.1. All prices are overall prices, given in Euro and include all taxes and fees including Value Added Tax (VAT) within countries of the European Union, but exclude shipping costs. Shipping costs are listed separately (see point 8.4. below).
7.2. All possible custom duties, import and/or export charges as well as taxes for all countries outside the European Union are to be borne by the Customer and will not be reimbursed by Elena Dolgova.
7.3. Elena Dolgova reserves the right to amend the prices of the goods offered on this Website at any time and without prior notice. Goods are invoiced based on the prices displayed in the online shop on this Website at the time of the Customer’s order.

8. Shipping Terms and Conditions

8.1. The following shipping cost are to be understood as net prices for standard shipping If the Customer wishes express shipping or has any special requests (gift packaging, greeting card, calligraphic writing etc.), he/she is kindly asked to contact us by e-mail: jelena@jelenafiala.com. In such cases the Customer is instructed to  NOT PLACING THE ORDER VIA ONLINE SHOP Express shipping details and/or special requests as well as costs will be discussed individually.
8.2. Orders and deliveries are only possible within the countries listed below. For orders from/shipping to other countries, the Customer is kindly asked to contact us by e-mail: shop@jelenafiala.com. Elena Dolgova is pleased to help if possible.
8.3. The goods shall be only delivered on receipt of signature of the Customer or another person from whom it can be assumed under the circumstances that he/she is entitled to accept the consignments, who is not the carrier.
8.4. Delivery Areas, Shipping Costs and Shipping Time for Standard Shipping: