terms & conditions
General Terms and Conditions (for Consumers) for the Conclusion of Contracts via the JOHANNA STUDIOS Webshop (hereinafter referred to as JOHANNA STUDIOS)
For all contract conclusions with JOHANNA STUDIOS (owner: Johanna Hütthaler-Brandauer), the following General Terms and Conditions (hereinafter referred to as GTC) shall apply exclusively; any terms and conditions of the customer that conflict with or deviate from these GTC shall not be recognized unless the terms and conditions deviating from these GTC are confirmed in writing by JOHANNA STUDIOS.
2. ORDER & CONCLUSION OF CONTRACT
3. RIGHTS OF WITHDRAWAL
Consumers as defined by the Consumer Protection Act (KSchG) may withdraw from a contract concluded outside of business premises within 14 days without giving reasons. The withdrawal period is 14 calendar days. It begins
- in the case of sales contracts, from the day on which the consumer or a third party designated by the consumer and not acting as a carrier acquires possession of the goods,
- if the consumer has ordered several goods as part of a single order, which are delivered separately, on the day on which the consumer or a third party designated by the consumer, not acting as a carrier, acquires possession of the last delivered goods,
- if the goods are delivered in several partial consignments, on the day on which the consumer or a third party not acting as a carrier and designated by the consumer acquires possession of the last partial consignment.
The declaration of withdrawal is not bound to any particular form. The consumer may use the model withdrawal form in the Annex for this purpose. The withdrawal period shall be deemed to have been observed if the declaration of withdrawal is sent within the period. The withdrawal must be sent to
Otto Bauer Gasse 4/15, 1060 Vienna
According to §18 Fern- und Auswärtsgeschäfte-Gesetz (FAGG) the aforementioned right of withdrawal does not apply, inter alia, to
- for goods that are made to customer specifications or clearly tailored to personal needs,
- for goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that their seal has been removed after delivery.
For these goods a withdrawal is therefore excluded.
Modalities for the shipment of returned goods can be found in point 6 Shipping, costs.
4. OFFERS & PRICES
The prices quoted by JOHANNA STUDIOS are daily prices. These offers are also subject to change with regard to quantity. Prices are quoted in EURO including sales tax.
For custom-made products, the actual price depends on the exact design, size, material, etc. and will be communicated in a separate offer.
In case of payment by credit card, the debit of the invoice amount from the credit card account will be initiated at the time of shipment of the goods.
The sales prices do not include the cost of shipping. Shipping is at the expense of the customer.
5. PAYMENT MODALITIES
JOHANNA STUDIOS generally supports the following payment methods: bank withdrawal, credit card, Paypal. JOHANNA STUDIOS reserves the right not to provide individual payment methods or to refer to other payment methods in individual cases.
6. SHIPPING, COSTS
The sales prices do not include the cost of shipping. Shipping is at the expense of the customer. Any charges are to be paid by the buyer. JOHANNA STUDIOS only delivers within the EU.
Shipping costs are as follows:
- Austria: 4,90€
- Germany, Switzerland, Italy, Slowenia, Slowakia, Hungary, Czech Republic, Luxemburg: 15,80€
- Rest EU: 16,10€
If an order has to be split into several deliveries, there will be no additional shipping costs for the subsequent deliveries. Delivery deadlines and dates will be respected as far as possible. They are, if they have not been expressly agreed as binding, non-binding and are always understood as the expected time of provision and delivery.
When exercising the legal right of withdrawal, the customer must return the goods at his own expense.
7. RESERVATION OF OWNERSHIP
The delivered goods remain the property of JOHANNA STUDIOS until full payment has been received.
8. WARRANTY, COMPENSATION FOR DAMAGES
JOHANNA STUDIOS warrants for defects in accordance with the applicable legal regulations, in particular §§ 922 ff ABGB (Austrian Civil Code).
JOHANNA STUDIOS is only obligated to pay damages in the event of intent or gross negligence. In cases of slight negligence, JOHANNA STUDIOS is only liable for personal injury.
9. PLACE OF JURISDICTION, CHOICE OF LAW, SEVERABILITY CLAUSE
For all disputes arising from these terms and conditions, the competent court at the registered office of JOHANNA STUDIOS is deemed to be agreed.
Austrian law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).Should any provision of these Terms and Conditions of Sale be or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a provision that comes as close as possible to the economic content of the invalid provision.
The customer gives his consent that the "personal data" specified in the customer form, in other forms or in the context of the business cases accruing "personal data" iSd DSG and the DSGVO are stored and processed with the help of automation. The processing is carried out in accordance with the data protection provisions.