General Terms and Conditions
The following General Terms and Conditions of Business ("GTC") form the basis of all contracts concluded for the purchase of goods/products via the website https://dariadeh.com/ ("Online Shop"). Dariadéh GmbH offers a selection of sustainably and ethically produced articles from its own production as well as - in exceptional cases - products from carefully selected partner companies.
The contractual partner with regard to the business relationship established by the purchase of goods/products via the online store is, on the one hand, Dariadéh GmbH, Lindengasse 5/1-3, 1070 Vienna, Austria, UID No.: ATU75949529, registered in the commercial register under FN 541388 i ("Seller" or "we") and, on the other hand, the customer ("Customer" or "you"). Purchase contracts concluded via the online store shall be concluded by the Seller exclusively on the basis of the present General Terms and Conditions in the version valid at the time of the order.
The online store is aimed exclusively at consumers. A consumer is basically any natural person who concludes a contract for a purpose that cannot be attributed to his or her commercial, business, craft or (self-employed) professional activity. This does not preclude the consideration of a possible broader definition of consumer in the customer's home country.
Offers and service descriptions
All offers in the online store are subject to change. The product portfolio in the online store is intended as a general overview. The presentation of the products in the online store does not constitute a legally binding offer, but merely an invitation to submit a contractual offer. We are not obligated to conclude contracts with you via the online store (for offer acceptance, see point 3.4).
Ordering process, acceptance of offer and conclusion of contract
The customer can select products from the seller's assortment without obligation and collect them in a digital shopping cart (cart) via the [ADD TO CART] button. Products collected in the cart do not lead to a reservation, so that the availability of the products in the cart may change during the ordering process. The ordering process begins as soon as the customer presses the [CHECKOUT] button within the shopping cart and is subsequently prompted to enter the data required for the order. By clicking the [BUY IT NOW] button on the respective product page, customers can optionally go directly to the ordering process.
In the first step, the customer must enter the customer data required to complete the order. The desired shipping method must then be selected. The customer must then select the desired payment method. During the entire ordering process, the customer is shown her shopping cart. Alternatively, the customer can also perform an "Express checkout" by clicking the [PayPal] button highlighted in yellow. In this case, the customer will be prompted to log in to her PayPal account and the rest of the order process will be handled by PayPal.
Before submitting the order, the customer can change and view her data at any time using the instructions and correction aids provided. The current version of these terms and conditions is available online and can be printed or downloaded using the print function of the browser. In this way, the customer can also print or download the order overview before submitting the order to the seller in the last step of the ordering process.
By clicking the [Pay now] button, the customer makes a binding offer to purchase the products in the shopping cart. After receipt of the order, we will send the customer an automatically generated order confirmation by e-mail, in which the customer's order is listed again (order confirmation). The automatic order confirmation only documents that the order of the customer has been received by the seller and does not represent an acceptance of the offer. If you have selected "PayPal" as the payment method and make the payment successfully, the contract is already concluded with the payment. If you have chosen "credit card" as payment method, your account will be debited at the earliest with the acceptance of your offer. In this case, you will be informed separately about the acceptance of your offer, specifically by a separate e-mail or sending a shipping confirmation. You are bound to your offer for three (3) business days. We are not obliged to accept your offer.
The contract text is not stored by us. The customer has to save or print the contract text herself.
Registration (customer account)
The customer has the possibility to create a customer account by selecting the button [ACCOUNT] in order to save the input of her data for future purchases. In the customer account, certain information, in particular in connection with orders placed, can also be viewed. If the Customer has created a Customer Account, she can access it at any time by entering her e-mail address and personalized password via the [ACCOUNT] button. However, it is not necessary to register a customer account in the course of placing an order.
The Customer may decide to order as a guest at any time and purchase the desired products - as described in section 3 - without creating a customer account.
The customer undertakes to keep her personalized password safe and not to pass it on to third parties.
Prices and shipping costs
All prices stated in the online store are in euros and include the applicable statutory value-added tax. The seller reserves the right to change prices at any time. For export deliveries to non-EU countries, no sales tax will be charged. Import and related costs, such as customs duties to be paid, shall be handled and borne by the Customer.
In addition to the stated prices, the seller charges shipping costs for the delivery. The shipping costs depend on weight and place of delivery. The shipping costs incurred in each case for a product purchase made will be clearly communicated to the customer during the ordering process and shown separately during the ordering process. More detailed information can be found in the online store at [https://dariadeh.com/pages/faq].
Payment modalities and default of payment; vouchers
The customer can choose from the available payment methods within the framework of and before completion of the order process. The Seller reserves the right not to offer certain of the payment methods described below in the online store at any time. If third-party providers are commissioned with the payment processing, their general terms and conditions shall apply. Payment can be made either by "credit card" (Visa, MasterCard or American Express) or by "PayPal".
For payment of the purchase price, the customer can also use vouchers of the seller. For this purpose, the customer is provided with a corresponding input field during the ordering process. The voucher can only be redeemed before completing the order process. A subsequent settlement after the order has been placed is not possible. If a voucher is used for payment and the payment amount exceeds the voucher value, the customer can settle the difference using the offered means of payment. Only one voucher can be redeemed per order.
If the customer is in default of payment, the seller is entitled to claim the statutory default interest. The obligation of the customer to pay default interest does not exclude the assertion of further damages caused by default by the seller.
The Customer shall only have a right of set-off (except in the event of the Seller's insolvency) (i) insofar as it concerns a claim which is legally related to the respective liability (against which set-off is to be made), or (ii) if its counterclaims have been legally established or acknowledged by the Seller.
Delivery; Reservation of Delivery; Transfer of Risk
Delivery of the Products to the Customer shall be made exclusively to delivery addresses within Europe. Delivery to parcel stores is excluded. Costs incurred by a possibly necessary return to the seller due to the entry of a parcel store address are not covered by the original shipping costs and are to be borne by the customer. More detailed information on the respective shipping service providers used will be provided to the customer during the ordering process via the online store. Further information can be found in the online store at [https://dariadeh.com/pages/faq].
Unless otherwise stated in the item description, the delivery time is 3-6 business days from the date of sending the order confirmation, provided that we accept your offer to conclude the contract (see point 3. ).
The risk of loss or damage (accidental loss or accidental deterioration) in the course of shipment of the goods shall not pass to the customer until the goods have been delivered to the customer or to a third party designated by the customer and different from the carrier. If, however, the customer has concluded the contract of carriage herself without making use of a selection option proposed by the seller, the risk shall pass as soon as the goods are handed over to the carrier.
Retention of title
Until the purchase price and all related costs have been paid in full, the goods delivered shall remain the sole property of the Seller. Until then, the customer shall bear the full risk in all respects for any goods entrusted to it prior to payment of the purchase price, in particular also for the risk of accidental destruction, accidental loss and accidental deterioration.
A resale before full payment is not permitted.
Right of withdrawal (rescission)
The customer has the right to cancel the contract concluded on the basis of these General Terms and Conditions under the conditions set out in the following cancellation policy, unless one of the exceptions set out in point 9 (5) applies.
Right of revocation (right of withdrawal)
You have the right to cancel this contract within fourteen (14) days without giving any reason. The withdrawal period is fourteen (14) days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods (in the case of separate delivery of goods from a single order, partial shipments or delivery in pieces, the period is calculated from the day on which the last goods, the last partial shipment or the last piece was taken possession). To exercise your right of withdrawal, you must send us [Dariadéh GmbH, Lindengasse 5/1-3, 1070 Vienna], e-mail: [firstname.lastname@example.org] by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to revoke this contract. To simplify the process, we ask you to use our returns center available at [https://dariadeh.com/a/returns] to exercise your right of withdrawal. Alternatively, you can also use the attached cancellation form (see point 9. [4.]), which is, however, not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation (withdrawal)
If you withdraw from this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and no later than within fourteen (14) days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without undue delay and in any case no later than within fourteen (14) days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen (14) days. You shall bear the direct costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
Sample cancellation form
(If you want to revoke the contract, please send us the following information)
- To Dariadéh GmbH, Lindengasse 5/1-3, 1070 Vienna, e-mail: [email@example.com
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of consumer(s) (only in case of paper communication)
(*) Delete where not applicable.
Exceptions to the right of withdrawal (right of rescission)
The right of withdrawal with regard to goods purchased via the online store does not apply insofar as
goods are delivered that are made to customer specifications or clearly tailored to personal needs;
sealed goods are delivered, which are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery.
Customers are requested to avoid damage or contamination of the goods. If possible, the goods should be returned to the seller in their original packaging with all accessories. If you have damaged or contaminated the goods or no longer have the accessories or the original packaging, this does not prevent the effective exercise of the right of withdrawal. In this case, please ensure adequate protection against transport damage with suitable packaging.
The customer's warranty claims are governed by the statutory provisions on warranty and liability for defects. To assert your warranty claims, please send an informal letter to the contact address listed under point 13 (1.), whereupon the seller will contact you.
Defects that occur are to be reported as far as possible upon delivery or after they become visible, whereby failure to report them upon delivery or after they become visible by a customer has no influence on her warranty claims.
The Seller shall always be liable without limitation for damages which it causes to the Customer with regard to the contractual relationship established on the basis of the present General Terms and Conditions, insofar as the conduct of the Seller causing the damage is based on intent or gross negligence.
The Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the Customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those specified in the above sentences.
The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability according to product liability regulations remains unaffected.
Declarations, notifications, questions, complaints and objections of any kind are to be addressed to Dariadéh GmbH, Lindengasse 5/1-3, 1070 Vienna, E-Mail: firstname.lastname@example.org.
Declarations or notifications to customers will be sent to the last known e-mail address.
Online dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which can be found at http://ec.europa.eu/consumers/odr/. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
This contract and all claims arising from it shall be governed by the laws of the Republic of Austria. The UN Convention on Contracts for the International Sale of Goods and all provisions relating to the UN Convention on Contracts for the International Sale of Goods are expressly excluded. The same applies to the referral norms of Austrian international private law.
However, the statutory provisions on the restriction of the choice of law vis-à-vis consumers shall remain unaffected. Accordingly, the choice of law shall only apply insofar as this does not deprive the customer of the protection afforded by mandatory provisions of the law of the customer's country of habitual residence (favorability principle).
Contractual language is German.
Should individual provisions of these GTC be invalid in whole or in part, this shall not affect the validity of the remaining provisions and the contracts concluded on the basis thereof.