Terms of Service

of the company

benevalete

Owner Emmeran Ferdinand Wilhelm

Leopold Koloman Fischer

Trauttmansdorffgasse 9

A-1130 Vienna

§1 scope

The following general terms and conditions apply to contracts and services between benevalete and the client in the version valid at the time of commissioning. All deviations require express written confirmation by Benevalete to be effective.

§2 service areas

benevalete produces art objects by hand from various materials, which are then offered for sale in the raw state, painted or decorated.

§3 conclusion of contract

1. Offers are non-binding unless they are expressly designated as binding. The contract is only concluded when the order is confirmed between benevalete and the client. The scope of the contractual performance obligation results exclusively from the performance description by evaluated and / or the information in the order confirmation.

2. Ancillary agreements that change the scope of the contractual services require express written confirmation.

§4 prices

1. All prices refer to the prices published by benevalete in the current version at the time of the order.

2. All special requests must be announced when ordering and cannot be taken into account later. The special requests will be charged separately according to the effort and must be made in writing. The order confirmation and the start of production of the custom-made product will only take place after written confirmation by the client.

3. Packaging and shipping costs are to be borne by the customer and will be invoiced to him separately.

§5 Payment / Payment Conditions

1. The goods are to be paid for in cash or by bank transfer in advance

2. Unless otherwise agreed, invoice amounts are due for payment immediately upon receipt of the invoice.

3. The invoice amount is to be paid in one single payment.

4. In the event of default, interest of 5% above the base rate is to be paid. If further damage caused by default can be proven, benevalete is entitled to assert this. Any dunning and collection costs incurred are borne by the client.

5. Deductions of any kind are excluded. Advance payments are not subject to interest.

§6 Withdrawal / Cancellation

1. For orders of all kinds, benevalete reserves the right to withdraw even after the conclusion of the contract if the client issues an instruction that would lead to the commission of a criminal offense or administrative offense.

2. Withdrawal / cancellation must be made in writing by email or letter. The key date for calculating the deadline is the receipt of the declaration of withdrawal / cancellation by benevalete.

3. The withdrawal payments have been determined taking into account the applications that are usually saved. The proof of higher damage remains unaffected.

4. If the order cannot be carried out after conclusion of the contract, benevalete reserves the right to withdraw from the order. In this case, the client will not be charged any costs and all payments already made will be reversed.

The consumer has no right of rescission in the case of distance sales or contracts concluded outside of business premises in accordance with Z. 1. - 5. About

a. Services, if the entrepreneur - on the basis of an express request by the consumer as well as a confirmation by the consumer of his knowledge of the loss of the right of withdrawal in the event of complete fulfillment of the contract - had started to perform the service before the withdrawal period had expired and the service was then provided in full,

b. Goods that are made to customer specifications or that are clearly tailored to personal needs

§7 retention of title

The goods to be delivered remain the property of benevalete until they have been paid for in full.

§8 delivery and delivery times

The delivery takes place from the place of business in Werndorf to the delivery address given by the customer. The delivery is insured up to € 510 as standard. The company reserves the right to choose the type of dispatch. Information about a delivery period is always non-binding, unless a specific delivery date has been expressly promised as an exception.

The current packaging and shipping options <https://www.kunsthandwerk-faerber.com/verpackung-und-versandinformation/> apply to shipping.

§9 Warranty and Liability

Defects are only understood to mean damage that has nothing to do with the natural properties of the material used and just as little as a changed taste in art on the part of the customer. In the event of admitted defects, Benevalete provides a replacement delivery. Benevalete assumes no liability for defects caused by improper use or due to normal wear and tear.

§10 final clause

1. All personal data that are made available to Benevalete for the provision of services are protected against improper use in accordance with the GDPR. The client declares his consent to the storage of the data required to process the order.

2. Should individual provisions of these terms and conditions become ineffective, this does not affect the validity of the remaining provisions. Instead of the ineffective provision, a regulation must be agreed that comes as close as possible to the economic purpose of the parties.

§11 place of jurisdiction and choice of law

1. The place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is Vienna.

2. Austrian law applies exclusively.