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This document (together with the documents mentioned herein) establishes the conditions that govern the use of this website (www.birdievienna.com) and the purchase of physical products (within the meaning of § 1 Abs 1 VGG, hereinafter “product”) on it (hereinafter referred to as the “Conditions”).
We urge you to read the Conditions and our Privacy and Cookies Policy (hereinafter, jointly, the “Data Protection Policies”) carefully before using this website. When you use this website or place an order on it, you are aware that you are bound by these Conditions and our Data Protection Policies, so if you don’t agree with the Conditions and with the Data Protection Policies, you mustn’t use this website.
These Conditions may be modified. It is your responsibility to read them periodically, as the current conditions at the time of concluding the relevant Contract (as defined further on) or of use of this website shall be those that apply.
If you have any query regarding the Conditions or the Data Protection Policies you may contact us by using the contact form on the website.The Contract (as defined below) may be executed, at your option, in any of the languages in which the Conditions are available on this website.
Sale of products through this website is carried out under the brand names Birdie and/or Birdie.Vienna by Birdie IM GmbH (hereinafter “we”), an Austrian company with registered address at Hoehenstrasse 35, 3400 Klosterneuburg and registered address of the shop at Seilergasse 14, Top Vb, 1010 Vienna, registered in the commercial register of the commercial court under the number FN 585596x, with VAT Identification Number ATU 78411023. We are a member of Wirtschaftskammer Wien (WKO Wien) with registration number 0549424.
The information or personal details that you provide us shall be processed in accordance with the Data Protection Policies. When you use this website, you agree to the processing of the information and details and you state that all information and details provided are true and correspond to reality.
When you use this website and place orders through it, you agree to:i. Use this website to make legally valid enquiries and orders only.ii. Not to make any false or fraudulent orders. If an order of this type may reasonably be considered to have been placed, we shall be authorized to cancel it and inform the competent authorities.iii. Provide us with your e-mail address, postal address and/or other contact details truthfully and exactly. You also agree that we may use this information to contact you in the context of your order if necessary (see our Data Protection Policies).
If you do not provide us with all the information we need, you cannot place your order.
When you place an order on this website, you state that you are over the age of 18 and are legally eligible to enter into binding contracts.
The products offered on this website are available for deliveries within Austria, to other EU countries and other countries we are able to ship to and depend on the possibilities of the postal or courier services we use to deliver the products.
The information contained in these Conditions and the details contained on this website do not constitute an offer of sale, rather an invitation to treat. There shall be no contract between you and us in relation to any product until your order has been expressly accepted by us. If your offer is not accepted and your account has already been charged, the amount of the same shall be reimbursed in full.
To place an order, you must follow the online purchasing procedure and click “authorize payment”. After doing so, you will receive an e-mail confirming receipt of your order (the “Order Confirmation”). Keep in mind that this does not mean that your order has been accepted, since it constitutes an offer that you are making to us to buy one or more products. All orders are subject to our acceptance, which you will be informed of via an e-mail in which we will confirm that the order is being sent (the “Delivery Confirmation”); please see also the provisions in clause 12.2 (Ordering with the help of electronic devices). A summary of the details of your order will be attached to the Delivery Confirmation (“e-ticket”).
The contract between us to buy a product (the “Contract”) is concluded only when we send you the Delivery Confirmation.
Only the products listed in the Delivery Confirmation shall be subject to the Contract. We are not obliged to provide you with any other product that has not been ordered until we confirm that these have been sent in a Delivery Confirmation.
We use electronical invoices. Herewith you agree that you receive invoices electronically.
We reserve the right to remove any product from this website at any time and to remove or modify any material or content from the same. Although we will always do everything possible to process all orders, there may be exceptional circumstances that force us to refuse to process an order after having sent the Order Confirmation, and we reserve the right to do so at any time.
We shall not be liable to you or to any third party for removing any product from this website for removing or modifying any material or content from the website, or not processing an order once we have sent the Order Confirmation.
All product orders are subject to availability of the same. Along this line, if there are difficulties regarding the supply of products or there are no more products left in stock, we reserve the right to provide you with information on substitute products of the same or higher quality and value that you may order. If you do not wish to order the substitute products, we will reimburse any amount that you may have paid.
Notwithstanding clause 8 above regarding product availability and save for extraordinary circumstances, we will endeavour to send the order consisting of the product(s) listed in each Delivery Confirmation prior to the date indicated in the Delivery Confirmation in question or, if no delivery date is specified, in the estimated timeframe indicated when selecting the delivery method and, in any case within a maximum period of 30 days from the date of the Order Confirmation.
Nonetheless, there may be delays for reasons such as the customization of products, the occurrence of unforeseen circumstances or the delivery zone.If for any reason we are unable to comply with the delivery date, we will inform you of that situation and we will give you the option to continue with the purchase, establishing a new delivery date, or cancel the order with full reimbursement of the amount paid. Keep in mind in any case that we generally do not make home deliveries on Saturdays or Sundays.
For the purposes of these Conditions, “delivery” shall be understood to have taken place or the order to have been “delivered” as soon as the product has been handed over to you or to a third party indicated by you, which will be evidenced by the signing of the receipt of the order at the delivery address indicated by you or if you consented to lodgment by the delivery service with deposit of the product.
The delivery will be made by the postal/courier service provider chosen by you at checkout on the website. Usually after attempts were made to handover your order, the postal/courier service provider will attempt to find a safe place for handover by deposit. If not, your order will be returned to our warehouse. If you will not be at the place of handover at the agreed time, we ask you to contact postal/courier service provider to organize the handover on another day.
If the order could not be handed over for reasons not attributable to us, and the product returned to us and is received by us, we shall assume that you wish to withdraw from the Contract, which will then automatically convert to a contractual obligation for refund. As a result of the withdrawal, we will return to you all payments received from you, excluding delivery charge (and/or for any additional costs resulting from your choice of any delivery method other than the ordinary delivery method that we offer) without any undue delay, and at any rate, within 14 days after the withdrawal.
From the moment we send the product by postal/courier service provider chosen by you at checkout, the risk of loss or damage to the product(s) passes to you.
You will take ownership of the products when we receive full payment of all amounts due in relation to order made by you, including delivery fees.
The price of the products will be as stipulated at all times on our website, except in the case of an obvious error. Although we make every effort to ensure that the prices featured on the web page are correct, error may occur. If we discover an error in the price of any of the products that you have ordered, we will inform you as soon as possible and give you the option of confirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be considered cancelled and all amounts paid will be reimbursed to you in full.
We are not obliged to provide you with any product at the incorrect lower price (even when we have sent the Delivery Confirmation) if the error in the price is obvious and unmistakable and could have reasonably been recognized by you as an incorrect price.
The prices on the website include VAT, but exclude delivery fees, which are added to the total. The total price including the price for the purchased product(s), delivery fees and VAT will be shown before you finally place the order.
Prices may change at any time. However, except as stipulated above, the changes shall not affect the orders for which we have sent an Order Confirmation.Once you have selected all products that you wish to buy, those will have been added to your basket (cart or bag) and the next step will be to process the order and make payment. To that end, you must follow the steps of the purchase process, filling up or verifying the information requested in each step. Furthermore, throughout the purchase process, before payment, you can modify the details of your order. You are provided with a detailed description of the purchase process in the Shopping Guide.
Payment can be made with major credit cards or with other options specified on the website.
When you click “authorize payment”, you are confirming that the credit card is yours.
Credit cards are subject to verification and authorization by the card issuing entity, but if the entity does not authorize the payment, we shall not be liable for any delay or failure to deliver, and we will be unable to conclude any Contract with you.
Pursuant to the prevailing rules and regulations in force, all purchases done through the web site are subject to the Value Added Tax (VAT).
Right of revocation
If you, as a consumer, conclude a contract, you are entitled to revoke it without specifying reasons within the statutory revocation period.
The revocation period ends 14 days from the day on which you or a third party appointed by you, who isnot the carrier, took possession of the product or in the case of several products in a separately delivered order, 14 days from the day on which you or a third party appointed by you, who is not the carrier, tookpossession of the last product.
In order to exercise your right of revocation you must inform us that you wish to revoke the contract inone of the following ways:
By post:Birdie IM GmbHSeilergasse 14, Top Vb1010 ViennaAustria
By e-mail:hello@birdiestore.at
In order to comply with the revocation period, it is sufficient for you to dispatch your notification about exercising the right of revocation prior to the expiry of the revocation period.
You do not have the right to revoke if it involves the delivery of one of the following products:i. Products that have been customized.ii. Separate parts of a set.iii. Sealed products that are not suitable for return due to hygiene reasons and that have had their seal broken after delivery.
Consequences of revocation
If you revoke this Contract, we will immediately refund all payments received from you excluding shipping costs and in any event, no later than 14 days from the date the product is delivered back to us and is checked by us for any damages and signs of usage. For this refund, we use the same payment method that you used for the original transaction.
You must return or hand over the products to us at your own expence immediately and no later than 14 days from the day on which you informed us of your revocation of the contract. The period shall be deemed to have been complied with if you dispatch the products prior to the expiry of the period of 14 days.
Returns are to be made to the address of our store in Vienna located at Seilergasse 14, 1010 Vienna, Austria with evidence of purchase of the product from us (i.e. invoice or similar).
We will check the returned products and inform you about your right to a refund for the amounts paid. The refund will take place as quickly as possible, and in any event, within 14 days from the date on which we received notification of your revocation. Notwithstanding the aforementioned, we may refuse the refund until we have received the returned products or until you have provided evidence that you have returned the products, depending on which takes place sooner.
The refund will always take place, less the fixed original shipment costs and return costs if applicable (please see above), with the same payment method that you used to pay for the purchase.You are only required to cover any loss in value of the product, if this loss in value is due to handling of the products that is not necessary for inspecting the quality, characteristics and function of the products.
If you believe that a product does not correspond to the contractual Terms and Conditions valid at the time of the delivery, i.e. is defective, you should contact us immediately using our web form and notify us of the details of the product and the deficiency.
You may return product to the address specified under clause 14.
We will ask for a proof of purchase, which could be a copy of the invoice receive by you with the product or by email.
You first have the right to request either an improvement or a replacement of the product, provided that the improvement or replacement of the product is reasonable. The improvement or replacement will take place as quickly as possible, and in any event, within 14 days of the date on which we notified you by e- mail that you are entitled to an improvement or replacement of the product. Should an improvement or a replacement be connected with disproportionately high expenditure, we will notify you and reimburse you the amount. You have the right to reduce the price or to dissolve the contract only under the conditions specified in § 12 para 4 VGG. You may not dissolve the contract under any circumstances if the defect is minor.
The amounts paid for products that are returned due to defects – if available – shall be fully refunded, including the shipping costs associated with the shipment of the products and the costs that you have incurred as a result of the return shipment to us. The refund shall take place via the same payment method that you used to pay for the purchase.
If you are entitled to further statutory rights outside the VGG, these shall remain unaffected by this in any case.
If you decide that product that you have purchased is in the wrong size for you, then you may be able to request a change in its size, without having to pay an additional delivery charge for the new product being sent to you provided you return the original product. This is regardless of your statutoryright of revocation and your contractual right of return, which will continue to exist.
Once you have requested the change of size and we have confirmed the availability of the product in the size chosen by you, you must return the original product to our shop in Vienna at your own expense. You must return the product without any undue delay, and in any event within a maximum period of 14 calendar days from the change request.
We will send the new order with the product in the revised size within 2-3 working days from the date of we receive the initially purchased product back and after inspecting it for damages and integrity, and in any event within a maximum period of 30 days from that date. This new order is governed by the provisions of these Terms and Conditions, including the exercise of the statutory right of revocation.
Your warranty claims, to which you are entitled by law, are not restricted by the contractually granted change of size.
We would like to inform you that we are under no circumstances (with the exception of cases of statutory warranty law to which this provision does not apply) obliged to reimburse shipping costs to you.
Unless otherwise indicated expressly in these Conditions, our liability regarding any product acquired on our website shall be limited strictly to the price of purchase of said product.
We shall not accept any liability for the following losses, regardless of their origin:i. loss of income or sales;ii. loss of business;iii. loss of profits or contracts;iv. loss of forecast savings;v. loss of data; andvi. loss of management time or office hours.
Due to the open nature of this website and the possibility of errors in storage and transmission of digital information, we do not warrant the accuracy and security of the information transmitted or obtained by means of this website, unless otherwise indicated expressly on this website.
All product descriptions, information and materials shown on this website are provided “as is”, with no express or implied warranties on the same, except those legally established. In this sense, if you are contracting as a consumer or user, we are obliged to deliver products that are in conformity with the Contract, being liable to you for any lack of conformity which exists at the time of delivery. It is understood that the products are in conformity with the Contract if they: (i) comply with the description given by us and possess the qualities that we have presented in this website, (ii) are fit for the purposes for which products of the kind are normally used and (iii) show the quality and performance which are normal in products of the same type and can which can reasonably be expected.
To the extent permitted by law, we exclude all warranties, except those that may not be excluded legitimately in favor of consumers and users.
The products that we sell, especially artisan products, often have the characteristics of the natural materials used in manufacturing them. These characteristics, such as variations in grain, texture, knots and colour, may not be considered defects or damage. On the contrary, you must count on their presence and appreciate them. We select only products of the highest quality but natural characteristics are inevitable and should be accepted as part of the individual appearance of the product.
The provisions in this clause shall not affect your statutory rights as a consumer under the VGG, in particular the right to dissolve the contract.
You recognize and agree that all copyrights, registered trademarks and other intellectual property rights on all materials or contents provided as part of the website belong to us at all times or to those who grant us license for their use. You may use said material only to the extent that we or the usage licensers authorize it expressly. This does not prevent you from using this website to the extent necessary to copy the information on your order or Contact details.
You must not make undue use of this website by intentionally introducing viruses, Trojans, worms, logic bombs or any other software or technologically damaging or harmful material. You shall not attempt to make unauthorized access to this website, the server on which the site is hosted or any server, computer or database related to our website. You undertake not to attack this website through any attack of denial of service or an attack of distributed denial of service.
Failure to comply with this clause shall be considered an infraction as defined under the applicable regulations. We will report any failure to comply with this regulation to the corresponding authorities, and we will co-operate with them to determine the identity of the attacker. Likewise, in the event of failure to comply with this clause, authorization to use this website shall be suspended immediately.
We shall not be held liable for any damage or harm resulting from a denial of service attack, virus or any other software or technologically damaging or harmful material that may affect your computer, IT equipment, data or materials as a result of using this website or downloading content from the same or those to which this site redirects you.
If our website contains links to other websites and third-party materials, said links are provided for information purposes only and we have no control whatever over the content of those websites or materials. Therefore, we shall not accept any liability for any damage or harm deriving from their use.
The applicable regulations require that some of the information or notification that we send to you be in written form. By using this website, you agree that most of the communication with us will be electronic. We will contact you by e-mail or we will provide you information by posting alerts on this website. For contractual purposes, you agree to use this electronic means of communication and accept that all contracts, notifications, information and other communication that we send you electronically complies with the legal requirements of providing it in writing. This condition will not affect your statutory rights.
The notifications that you send us must be sent preferably through our contact form or by email to hello@birdiestore.at. Pursuant to the provisions in clause 19 above and unless otherwise stipulated we may send you notifications either by e- mail or to the postal address you provided us when placing an order.
The Contract is binding both, for you and for us, as well as for our respective successors, transferees and heirs.
You may not transmit, cede, levy or in any other way transfer a Contract or any of the rights or obligations derived from the same, without having obtained our written consent in advance.
We may transmit, cede, levy, subcontract or in any other way transfer a Contract or any of the rights or obligations derived from the same, at any time during the life of the Contract. To avoid any doubt, said transmissions, cessions, levies or other transfers shall not affect the rights that, as applicable, you have as a consumer recognized by law or cancel, reduce or limit in any way the express and tacit warranties that we may have given you.
We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under a Contract when caused by events that are beyond our reasonable control (“Force Majeure”).
Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:i. Strike, lockout or other forms of protest.ii. Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.iii. Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.iv. Inability to use trains, ships, aircraft, motorized transport or other means of transport, public or private.v. Inability to use public or private telecommunication systems.vi. Acts, decrees, legislation, regulations or restrictions of any government or public authority.vii. Strike, failure or accident in maritime or river transport, postal transport or any other type of transport.
It shall be understood that our obligations deriving from Contracts are suspended during the period in which Force Majeure remains in effect, and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. We will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables us to fulfil our obligations by virtue of the Contract despite the situation of Force Majeure.
The lack of requirement on our part for strict compliance on your part with any of the obligations assumed by you by virtue of a Contract or of these Conditions or a lack of exercising on our part of the rights or actions that correspond to us by virtue of this Contract or of the Conditions shall not constitute the waiving or limitation of said rights or actions, nor exonerate you from fulfilling said obligations.
The waiving on our part of a specific right or action shall not constitute the waiving of other rights or actions derived from the Contract or from the Conditions.
The waiving on our part of any of these Conditions or of the rights or actions derived from the Contract shall not take effect unless expressly stipulated that it is a waiving of rights and is formalized and notified to you in accordance with the provisions of the Notifications section above.
These Conditions and any document referenced in the same constitute the entire agreement between you and us as regards the purpose of the same, replacing any previous pact, agreement or promise made between you and us verbally or in writing.
You and ourselves acknowledge that we have agreed to enter into the Contract without depending on any declaration or promise made by the other party or that could have been inferred from any statement or document in the negotiations entered into by the two parties prior to said Contract, except those expressly mentioned in these Conditions.
Neither you nor ourselves shall take any action regarding any untrue statement made by the other party, verbally or in writing, prior to the date of the Contract (unless said untrue statement was made fraudulently) and the only action that may be taken by the other party shall be due to breach of contract in accordance with the provisions of these Conditions.
We have the right to review and modify these Conditions at any time.
You are subject to the rules, Conditions and the Data Protection Policies in effect at the moment in which you use this website or place an order, except when by law or decision of governmental entities we must make changes retroactively to these Conditions or the Data Protection Policies, in which case the possible changes will also affect orders made previously by you.
The use of our website and the product purchase contracts through said website shall be governed by Austrian legislation.
Any controversy that arises or is related to the use of the website or said contracts shall be subject to the exclusive jurisdiction of the Austrian courts.If you are entering into the contract as a consumer, nothing in this clause shall affect the rights you have, as recognized in any applicable legislation in effect.
Your comments and suggestions are always welcome. Please send any comments and suggestions through our contact form.
If you as a buyer consider your rights have been breached, you can address your complaints to us via the e-mail address hello@birdiestore.at in order to seek an out-of-court settlement.
If you are a consumer, we have to provide you with the link to the online dispute settlement platform in accordance with the Alternative Dispute Settlement Law. This link reads as follows: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage. You can also address any complaint to the above e-mail address.
Last updated on 22/09/2023
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