These terms and conditions apply to the use of this website at www.nicestuff.at. By accessing this website and/or placing an order it is indicated that the customer (hereafter referred to as “client”) accepts without reserve the entirety of the provisions envisaged under these terms and conditions.
The returned goods must be intact, in a perfect state for resale, and in original packing. Any product which is damaged, incomplete, or whose original packing is deteriorated, will be neither refunded nor exchanged. The costs applicable to the return of the goods must be borne by the client.
(1) All prices on the website are in EUR and are valid at the point of time of the order.
(2) All prices include Austrian VAT. They do not include costs for delivery, additional taxes that might be incurred in the country of delivery and customs duties.
4. Order & Contracting
(1) The seller is committed to delivering the orders received only within the limit of the stocks of the product available or within the limit of the stocks available from his suppliers. In the absence of availability of a product or products, the seller is committed to informing the client as quickly as possible. The seller reserves the right to modify the selection of products according in particular to the constraints imposed by its suppliers. Availability can vary during the same day according to the level of sales. The seller cannot be held responsible if the stock is no longer the same as that which is indicated. More precise information can be given to the client by telephone and email.
The contract between the seller and the client is the result of the order placed by the client and the receipt, as well as the confirmation of the seller’s acceptance of the order (by email).
A contract can only be concluded with adults as defined by Austrian law.
5. Processing of the contract
(1) Processing of the order
The availability of the requested goods will be confirmed (eg colour, size). The client will typically receive a confirmation on the availability within 48 hours.
Available goods will be dispatched within 7 work days after receipt of the payment or the conclusion of the contract (in case of COD). If the seller cannot obtain an ordered product from his suppliers, he will notify the client of the expected delay by email. The client in turn can either ask for the cancellation of the order with a refund of payment within 30 days, or the exchange of the product not available for another product. No cancellation penalty will be applied for such an order cancellation. No cancellation compensation (other than the full repayment of the order) can be demanded, such an unavailability having resulted from a delay in updating this unavailability. The client bears the full risk.
(3) Delivery costs
To reduce delivery fees to a minimum the orders are dispatched via Austrian mail (either by uninsured letter or insured parcel, depending on the value, size and weight of the delivery). On request of the client other options can be offered against a fee.
Delivery within Austria
4,- EUR for prepayment
Order values of 60,00 EUR and above: no shipping costs
Delivery to EU-countries:
Shipping costs depend on the order value:
Order value 0 to 30 EUR: 6,50 EUR
Order value 31 EUR to 70 EUR: 8,50 EUR
Order value 71 EUR to 120 EUR: 14,- EUR
Order value 121 EUR to 299 EUR: EUR 17,- EUR
Deliveries for orders within the EU above a value of EUR 300,00 EUR are free of shipping costs.
For international deliveries (eg to Switzerland) additional costs might be incurred (customs duties, taxes etc). The client will be notified about this possibility during the ordering process.
Above mentioned delivery rates do not apply to furniture. Please request any additional shipping costs for furniture via mail to email@example.com.
Please note that the seller cannot be held responsible for failure of delivery in case of uninsured letters.
(4) Changes or additions of/to existing orders
The seller will respond to clients regarding changes, additions or reduction of existing orders within a reasonable period of time.
(5) The client must check the completeness and conformity of the information which he provides to the seller. The latter cannot be held responsible for possible errors of data-entry and the consequences in terms of delay or delivery error. In this context, all the expenses engaged for resending will be the responsibility of the client.
(1) Delivery is effected against prepayment. There is no minimum order value. The confirmation of the order will be sent via email within 48 hours including all relevant information for the client according to the KSchG (consumer protection law) and all data necessary for transferring the invoice amount. Payment has to be effected during 7 working days.
The seller issues an invoice for the client that is attached to the shipment.
(2) Reservation of proprietary rights:
Until the client’s payment has been fully received by the seller the product remains the property of the seller.
7. Guarantee and liability
(1) The client shall inform the seller of any damages immediately on receipt of the goods, at the latest within 7 days after receiving the goods and returns them to the seller at his (ie the seller’s) cost.
(2) The seller is not liable for damages resulting from wrong usage of the goods delivered.
(3) The seller is only liable to business operations for gross negligence and deliberate intention, but not for basic or slight negligence. The seller is not liable to consumers for slight negligence, except for damages to a person. Any liability, with the exception of deliberate intention as defined by Austrian law, is limited to the value of the article.
8. Force Majeure
(1) In case the seller cannot fulfill his obligations due to force majeure (war, legal or governmental restrictions, computer breakdowns, earthquakes, fires, storms, floods, lightning) the present terms & conditions can be cancelled by the seller.
(2) In case the seller cannot fulfill his obligations due to force majeure for more than a month the client can withdraw from the contract.
9. Privacy and Data Protection
The seller stores and processes all data provided by the client in the seller’s database exclusively for order processing and for distribution of offers by the seller. No data will be divulged to third parties unless required by law or necessary for the order processing (Austrian Mail, Hermes or other shipping companies). The client has a constant right of access, modification, correction and suppression of his personal data stored in the seller’s database. At the time of client’s inscription or ordering, or within the framework of other specific operations, the seller invites visitors or customers to receive his newsletters, promotional offers, and / or to register to stay informed of his exclusive sales. If the client chooses not to receive any information on new offers he shall send an email to firstname.lastname@example.org.
(1) If a clause of the present terms and conditions is or becomes illegal, invalid or unenforceable in any jurisdiction, the contract / service / engagement remains valid. The invalid clause shall be reinterpreted by the seller and the client in a manner that reflects to the most the commercial purpose herein.
(2) These terms and conditions shall apply to all contracts, deliveries and other services.
(3) The contracts are subject to Austrian substantive law. The seller’s jurisdiction is the relevant court of law in Vienna (Wien-Innere Stadt). United Nations Convention on Contracts for the International Sale of Goods, CISG, is explicitly excluded.
(4) The present Terms & Conditions apply throughout the time of all online services offered by the seller. They can be modified at any time by the seller. The Terms & Conditions applicable are those in force on the date of the registration of the order.
(5) The trademark rights and copyrights of all pictures, photos and designs published on the website by the seller are the sole property of the seller. The use and/or distribution of any contents of the website are strictly forbidden unless the seller gives his prior explicit and written permission.