These general terms and conditions apply to all orders through www.fab-atelier.com (FAB-ATELIER). Please read these General Terms and Conditions carefully before ordering products from FAB-ATELIER. By ordering our products, you indicate that you consent to the conditions below and state that your are competent to enter into legally-binding contracts and are at least 18 years old. We recognize rules that differ from these General Terms and Conditions only if they are confirmed by us in writing. That also applies to a deviation from this clause requiring written documents.
2. Contracting Party
FAB-ATELIER, for the sale of goods via the Internet, is operated by FAB-atelier GmbH (Voldererweg 16, A-6112, Wattens, Austria). This is where you can place complaints or assert statutory warranty claims.
You can reach our customer service for any issues at: email@example.com
3. Formation of Contract
Your orders on FAB-ATELIER are binding offers for entering into the associated contracts to purchase with FAB-ATELIER. We are free to either accept these offers within 14 days of receipt or to reject them by sending you a statement to that effect. There is no binding contract to purchase formed until we have accepted your order. This acceptance is indicated by the shipment of the goods ordered. In addition, we reserve the right to reject orders from customers if there is reason to believe that the customer is acting in contravention of the General Terms and Conditions, is involved in fraudulent activities or other activities of importance from a criminal law standpoint or any other material reason exists.
Products and prices are as shown on FAB-ATELIER; products are available as long as they are in stock. We reserve the right to change the products offered on FAB-ATELIER at any time without notice and to limit the number of items that may be purchased by a visitor. There is no liability for lack of items in stock or for products not being available. Any commercial resale or distribution of products sold on FAB-ATELIER is strictly prohibited. Please note that after your order is confirmed, no requests to change or cancel it can be considered.
5. Price and Additional Costs
The total price of your order, including all ancillary and shipping costs, was indicated on the previous page or will be shown at the end of the checkout process. By confirming the order, you state that you agree to the price for the goods. The price cannot be adjusted after the completion of the check-out process. FAB-ATELIER products are sold by FAB-ATELIER, which has its headquarters in Austria. We would like to point out that for foreign payments using credit cards, a foreign transaction fee (about 1-2%) may be charged by the institution that issued your credit card.
6. Payment conditions
The purchase price for goods ordered is due when you place your order through FAB-ATELIER. Payment may be by credit card (by entering your card data on FAB-ATELIER) or - for registered users as applicable in certain countries - on account. You may settle our claims for payment only by using uncontested or final and unappealable receivables. If you pay with a credit card, we reserve the right to check the validity of the card and to monitor the availability parameters for collection and the address data. If the institution that issued the credit card refuses to make payment to us, we are not liable for delays or for failure to deliver.
7. Delivery and Reservation of Title
The goods ordered are delivered to the delivery address you provide by our contracted delivery service. You can find our holidays, on which no orders are processed. If you so request, we will make efforts to deliver the goods at a specific time, but generally cannot make binding promises to do so. Until the purchase price is paid in its entirety, the goods remain our property.Upon receipt the shipment must be checked for accuracy and completeness.
8. Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right of withdrawal, you must inform us (Voldererweg 16, A-6112, Wattens, Austria, e-mail: firstname.lastname@example.org, of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the model withdrawal form provided here but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
If you withdraw from this contract, we shall reimburse to you all payments received from you, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.
We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to the following address:
c/o Werkstätte Wattens
6112 Wattens, AUSTRIA
The deadline is met if you send back the goods before the period of 14 days has expired. We will bear the costs of returning the goods.
9.Return of Goods
You can get additional information and assistance in returning items that have been ordered and the return address for your country via email: email@example.com. The products must be in original condition with their original packaging and the return voucher must be attached to the products. Your statutory right of withdrawal remains unaffected. Vouchers can generally not be replaced or returned.10. Liability
FAB-ATELIER is only liable to you for damage caused intentionally or by gross negligence. This limitation of liability applies to all claims for damages, regardless of the legal basis, to include unauthorized actions; they do not apply to any liability that may apply under the Product Liability Act, some other warranted characteristic or injury to life or limb. Exemption from or limitation on liability for damages under the previous paragraphs also applies to any claims that may exist against employees or agents of FAB-ATELIER.
11. Severability Clause
If one of the provisions of these General Terms and Conditions is or becomes invalid or unenforceable, that will not affect the effect of the other provisions.
12. Prohibition against Assignment
You may assign your contractual rights to third parties only with the written consent of FAB-ATELIER.
13. Applicable Law
The contract law is German. Contracts entered into under these General Terms and Conditions are subject to Austrian law to the exclusion of any referrals to foreign law. The United Nations Convention on Contracts for the International Sale of Goods does not apply. This choice of law only applies to the extent that there are no pre-emptive provisions of the law of the state in which the consumer has his usual residence prohibiting it. Vienna is the exclusive venue for all disputes that may arise from or in connection with these General Terms and Conditions. FAB-ATELIER is also authorized to su