Conditions
CONDITIONS. The enclosed general terms and conditions of Mervelly-Fashion owner Timon Bernetstätter apply .
Data protection. The enclosed data protection declaration from Mervelly-Fashion owner Timon Bernetstätter is noted.
Cancellation policy for consumers. I have read the enclosed cancellation policy for consumers.
Applicable law. Austrian law applies exclusively to all legal relationships and circumstances between Mervelly-Fashion owner Timon Bernetstätter and the client, excluding international reference standards. The UN Convention on Contracts for the International Sale of Goods does not apply.
Mandatory consumer law. If, in contracts with consumers, the professional or commercial activity of Mervelly-Fashion owner Timon Bernetstätter is aimed at the consumer's home country, the protection that the mandatory legal provisions of the country of residence offer the consumer remains unaffected by the agreed applicable law.
Place of jurisdiction for entrepreneurs. The place of jurisdiction for all disputes between Mervelly-Fashion owner Timon Bernetstätter and the client as an entrepreneur is the Austrian court with jurisdiction over Seekirchen am Wallersee. Mervelly-Fashion owner Timon Bernetstätter is also entitled to sue Mervelly-Fashion owner Timon Bernetstätter and the client in general.
FINAL PROVISIONS FOR ELECTRONIC FORMS
(e.g. webshop, registration forms)
The following clauses must be added directly above the ORDER NOW WITH PAYMENT BUTTON or above the SUBMIT FORM BUTTON. The subdomain of your general terms and conditions as well as the subdomain of your data protection declaration, shipping cost overview and payment methods must be linked in the final provisions.
Final provisions
CONDITIONS. The general terms and conditions, the overview of shipping costs and the overview of payment methods from Mervelly-Fashion owner Timon Bernetstätter apply.
Right of withdrawal. The cancellation policy of Mervelly Fashion owner Timon Bernetstätter applies.
Data protection. The data protection declaration of Mervelly-Fashion owner Timon Bernetstätter is noted.
ORDER NOW WITH PAYMENT BUTTON
GENERAL TERMS AND CONDITIONS OF BUSINESS
by Mervelly-Fashion owner Timon Bernetstätter, hereinafter referred to as Mervelly-Fashion.
Validity
Contractual basis. Mervelly-Fashion concludes contracts and provides services exclusively on the basis of the written offers created by Mervelly-Fashion, as well as the currently valid version of any descriptions of services included in the offer (e.g. individual documents or general folders), price lists and these general terms and conditions.
The descriptions of services, price lists and general terms and conditions apply to all legal relationships between Mervelly-Fashion and the client, as long as they are not just project-specific (e.g. individual documents) and are therefore automatically subject to all further contracts between Mervelly-Fashion and the respective client from the first contract conclusion The client is based on the most current version, even if these price lists, product descriptions and general terms and conditions are no longer expressly referred to.
Future changes. Changes to the descriptions of services, price lists and general terms and conditions of Mervelly-Fashion will be announced to the client in writing and are deemed to have been agreed if consumers do not object within four weeks or entrepreneurs do not object within two weeks.
Once the new agreement comes into force, the changes to the general terms and conditions also apply to all other ongoing contracts.
Additional agreements. All forms of additional agreements, both before the conclusion of the contract and during the term of the contract, must be in writing to be valid. For entrepreneurs, this also applies to deviations from the written form requirement.
Parts of the contract on the part of the client. Even if Mervelly-Fashion is aware of the specifications from the client regarding the service content, they will only become part of the contract if they are integrated into the offer by Mervelly-Fashion or otherwise expressly accepted by Mervelly-Fashion, for example through references to these specifications.
Legal elements coming from the client, such as general terms and conditions or contractual clauses, will only be effective, even if Mervelly-Fashion is aware of them, if they are accepted by Mervelly-Fashion with an additional note that expressly includes these legal texts (such as “Terms and Conditions accepted”). Otherwise, Mervelly-Fashion expressly objects to the client's inclusion of legal elements, such as general terms and conditions or contractual clauses.
The mere acceptance of specifications regarding the client's service content by Mervelly-Fashion does not result in acceptance of the client's legal texts, even if these specifications contain legal elements (such as "Our general terms and conditions apply.").
Procedure in the event of contradictions. In the event of contradictions between the offer, any descriptions of services (project-specific documents, general documents), any price lists and Mervelly-Fashion's general terms and conditions, these apply in the order stated. The more individual components therefore automatically change the more general components of the contract.
In the event of contradictions between contractual elements of Mervelly-Fashion and contractual elements of the client, all contractual elements of Mervelly-Fashion take precedence.
Procedure in the event of ineffectiveness for entrepreneurs. If individual provisions of the contract are invalid or unenforceable, the invalid provision in contracts with entrepreneurs must be replaced by an effective provision that comes closest to the economic meaning and purpose of the invalid provision.
Conclusion of contract
Offered by Mervelly Fashion. Offers from Mervelly-Fashion to the client, e.g. in the form of an individual offer to the client or a non-individualized offer such as an order form, catalog or web shop, are without exception subject to change and non-binding.
Offer by the client. If the client places an order based on an offer or unsolicited, i.e. without a prior offer from Mervelly-Fashion, i.e. for additional orders in ongoing business relationships, the client as an entrepreneur is obliged to do so for two weeks or as a consumer for one week from this Access bound to Mervelly-Fashion.
Accepted by Mervelly Fashion. The contract is therefore always only concluded when the order is accepted by Mervelly-Fashion.
Acceptance must generally take place through an order confirmation, unless Mervelly-Fashion indicates that Mervelly-Fashion accepts the order, for example by taking action based on the order that is obvious to the client.
Simply confirming receipt of the order does not constitute acceptance of the order.
Access. If electronic means of communication or an electronic order management system to which both parties have access are used to submit and accept offers, declarations made on working days, i.e. Monday to Friday, excluding Austrian public holidays, between 8:00 a.m. and 4:00 p.m. are deemed to be valid. as on the same day, declarations made outside these times as being received on the next working day at 8:00 a.m.
Information for concluding contracts with entrepreneurs. Mervelly-Fashion's information obligations as set out in Section 9 Paragraph 1 Z 1-4 ECG are waived.
Scope of services, order processing and the client's obligation to cooperate
Place of performance for entrepreneurs. The place of performance for contracts with entrepreneurs is the headquarters of Mervelly-Fashion.
Scope of services. The scope of the services to be provided results from Mervelly-Fashion's written service description resulting from all contractual components.
Information from other sources not included in the offer (e.g. presentation documents, websites or catalogs) is not part of the service description.
The client is obliged to check the service description for compliance with his requirements. After the order has been placed, changes to the service description are only possible by mutual agreement and can, in particular, lead to changes to prices, deadlines and dates.
Professional performance. Unless the written service description provides otherwise, Mervelly-Fashion owes professional execution in accordance with the time of the offer. Within the framework of the written service description, Mervelly-Fashion has freedom of design in the execution of the services, provided that there are several professional options for execution.
Third-party services. Mervelly-Fashion is entitled to carry out the services itself or to use expert third parties to provide the services (third-party services).
Agreed external services. If Mervelly-Fashion's services are based on specifically defined services, components or rights of third parties, then these services, components or rights constitute an agreed third-party service.
In this case, Mervelly-Fashion's contractual obligation consists exclusively in the professional commissioning, coordination and processing, but not in the professional execution of the agreed third-party services.
Shareable services. If services can be divided, Mervelly-Fashion is entitled to make partial deliveries.
Dates and deadlines. Dates or deadlines specified by Mervelly-Fashion are non-binding unless they are expressly marked as binding. Excepted from this are delivery dates and deadlines shown in the webshop for contracts with consumers.
Unforeseeable or unavoidable events. Unforeseeable or unavoidable events - in particular the client's failure to fulfill his obligations as well as delays at Mervelly-Fashion or Mervelly-Fashion's contractors that are unforeseeable and unavoidable for Mervelly-Fashion - extend deadlines or postpone dates by the duration of the unforeseeable and unavoidable event plus the duration of the organizational measures necessary in such a case. Mervelly-Fashion must inform the client of this in writing.
Obligations of the client to cooperate. The client must provide Mervelly-Fashion with all information in writing immediately, without request and in a form that can be processed further, and provide all services that are necessary for Mervelly-Fashion to provide the services.
This includes, in particular, the provision of a contact person for contract processing, the provision of documents, materials and facilities, coordination of order details and the acceptance (release) of partial services and services.
If the need for the client to provide information or services only becomes known while Mervelly-Fashion is providing the services, the client must provide this immediately.
The client must check the information and services he provides himself for their suitability, accuracy and legality.
The client is liable for all damages caused by inadequate, delayed or omitted cooperation on the part of the client, and in particular for the additional expenses incurred by Mervelly-Fashion as a result. If Mervelly-Fashion is unable to carry out the services as agreed due to inadequate, delayed or omitted cooperation on the part of the client, Mervelly-Fashion is also entitled, without prejudice to other rights, to interrupt the execution of the service, to postpone other services for other clients and only after completion of these services To continue carrying out the services for the client, provided that the client has fulfilled his obligations to cooperate by then, which means that all dates and deadlines will be postponed.
If claims are made against Mervelly-Fashion by third parties due to a legal violation in connection with information or services provided by the client, the client must also indemnify and hold Mervelly-Fashion harmless and support it in defending against any third-party claims.
Reference. In contracts with entrepreneurs, Mervelly-Fashion is entitled to refer to Mervelly-Fashion and, if necessary, to another author on all services created by Mervelly-Fashion for the client and, subject to written revocation, which is possible at any time, as part of Mervelly-Fashion's own advertising material such as the name and logo of the client, project description, project images and the like as a reference or as an indication of the business relationship with the client, without the client being entitled to any compensation for this.
Fiduciary duties. The contractual partners are obliged to promote the reputation of the other contractual partner and, in particular, not to criticize the other contractual partner towards third parties. This obligation applies continuously beyond any end of the contract.
Fee
Prices. All prices are quoted from Mervelly-Fashion's registered office or location in euros plus VAT for contracts with entrepreneurs, and in euros plus VAT for contracts with consumers, including VAT at the statutory rate.
Estimates. Cost estimates from Mervelly-Fashion to entrepreneurs are non-binding. The same applies to consumers if the non-binding nature was expressly pointed out before the cost estimate was submitted. A cost estimate exists when the assessment of the expected effort is referred to as a cost estimate.
If, after issuing a non-binding cost estimate, it becomes apparent that the actual costs will exceed the costs estimated in writing by more than 15%, Mervelly-Fashion must inform the client of the higher costs in writing. The cost overrun is deemed to have been approved by the client if the client does not object in writing within one week of this notice and at the same time announces a more cost-effective alternative in writing with the objection. In the event of a cost overrun of up to 15%, no separate notice is required. This cost overrun is deemed to have been approved by the client from the outset.
Billing based on a flat rate. In the case of billing in the form of a flat rate, this covers all services that are necessary to carry out the agreed services. Excluded are the costs of unforeseeable events, additional costs due to the client's non-contractual cooperation and additional costs due to hidden defects in the services provided.
Additional services. All services provided by Mervelly-Fashion that are not expressly covered by the agreed fee, such as additional services agreed later, will be paid for separately.
Billing mode. The handover or dispatch of the goods or the execution of other services generally only takes place after full payment has been made.
Partial services. In addition, Mervelly-Fashion is entitled to charge for partial services. In any case, the individual items in the service description are considered partial services.
Advance payment. In addition, Mervelly-Fashion is entitled, for new customers, in the case of invoicing agreed third-party services and in the case of the appearance of economic problems, in the case of late payment in the past and in the case of the client's apparent unwillingness to pay, to make advance payments to cover its own expenses to demand the full amount of the partial services to be provided next.
Unjustified resignation by entrepreneurs. In the event that the client as an entrepreneur withdraws from his order in whole or in part without gross negligence or intentional fault on the part of Mervelly-Fashion, Mervelly-Fashion is still entitled to the agreed fee. In this case, Mervelly-Fashion only has to take into account savings from purchases that have not yet been made. The same applies if Mervelly-Fashion withdraws from the contract for an important reason within the sphere of the client.
payment
Due date Mervelly-Fashion's invoices are due without any deductions from the invoice date. In principle, the service will only be provided after full payment has been made.
Payability. Mervelly-Fashion's invoices must be paid within 7 days of receipt of the invoice.
Payability for online transactions. For online transactions, Mervelly-Fashion's invoices must be paid when the order is placed.
Transfer. In principle, payment must be made by transfer to the bank account. Cash payment is excluded.
Direct debit. Payment can also be made via SEPA direct debit. If a SEPA direct debit mandate is signed, Mervelly-Fashion is entitled to collect the invoice amount from the client's account 7 days after the invoice has been sent.
Other payment methods. The client is also entitled to use all other payment methods offered by Mervelly-Fashion. The charge occurs at the moment of payment by the client.
Agreed external services. Mervelly-Fashion is entitled to commission the third-party service at its own discretion both in its own name or on behalf of the client as well as on its own account or on the account of the client.
If Mervelly-Fashion concludes the contract in its own name and/or on its own account, this is done exclusively in the interests of the client for the purpose of simplifying contract and payment processing.
Retention of title. Until full payment has been made by the client, retention of title in favor of Mervelly-Fashion in the goods delivered by Mervelly-Fashion is deemed to have been agreed until the purchase price and all associated interest and costs have been paid in full. In the event of default, Mervelly-Fashion is entitled to assert rights arising from the retention of title. In this case, the client agrees to the collection of the goods by Mervelly-Fashion. The assertion of retention of title by Mervelly-Fashion does not result in withdrawal from the contract, unless Mervelly-Fashion expressly declares withdrawal from the contract.
If the customer resells the goods, the customer assigns his claim against the buyer to Mervelly-Fashion for the purpose of security. Mervelly-Fashion is entitled to notify the buyer of this assignment.
Prohibition of offsetting and retention by entrepreneurs. Even in the case of related claims, the client is not entitled to set off his own claims against claims of Mervelly-Fashion, unless the client's claim has been recognized in writing by Mervelly-Fashion or has been determined by a court. A right of retention in favor of the client is excluded.
Payment in installments. If Mervelly-Fashion and the client conclude an installment payment agreement, loss of deadlines in the event of failure to pay even one installment on time is deemed to have been agreed.
Late payment. In the event of late payment, the statutory interest applicable between entrepreneurs must be paid for contracts with entrepreneurs, but at least 9% per annum; for contracts with consumers, interest of 9% per annum must be paid. The client must bear all costs and expenses associated with the collection of the claim, such as, in particular, collection costs or other costs necessary for appropriate legal prosecution.
Continued late payment. After an unsuccessful reminder setting a grace period of at least 14 days, Mervelly-Fashion is entitled to withdraw from the contract and demand compensation for lost profits. This means that Mervelly-Fashion is also entitled not to carry out or discontinue services that have already been paid for.
Regardless of these options, Mervelly-Fashion can of course also file a lawsuit with the court immediately after the due date.
Liability
Classic work contract. In the case of the classic work contract, Mervelly-Fashion is liable for the achievement of the objectives.
Interventions by the client. If the client intervenes in the services of Mervelly-Fashion on his own initiative in a manner not agreed upon or makes undocumented changes or changes that are no longer easily traceable for Mervelly-Fashion, he is liable for the resulting additional effort on the part of Mervelly-Fashion, e.g. for completion, verification, documentation, Determination of defects, allocation of defects, elimination of defects.
Transfer of risk for entrepreneurs. When shipping goods, the risk always passes to the client as soon as Mervelly-Fashion has handed over the goods to the transport company. Goods are generally not insured unless the client has commissioned Mervelly-Fashion to insure the goods at their own expense.
Obligation to give notice of complaints for entrepreneurs . After the goods have been handed over by Mervelly-Fashion, the client must inspect the goods handed over within 8 days at the latest and report any defects or damage in writing.
Hidden defects or damage that only occur after 8 days, but within open guarantee, warranty or compensation periods, must also be reported by the client within 8 days of becoming apparent.
The obligation to give notice of defects is subject to all defects or damage that the client would have to recognize with the care of a prudent entrepreneur and with appropriate inspection. Due to the importance of final inspections, the controls must be carried out in the form of a detailed and particularly careful inspection.
The client's complaint must describe the defect or damage in detail and comprehensibly. The client must enable Mervelly-Fashion to take all measures necessary to examine and remedy the defects or damage. If the client does not report defects in a timely manner, the assertion of guarantee, warranty and compensation claims as well as claims based on other liability regulations, in particular claims for recourse, by the client is excluded.
Warranty. The statutory provisions of warranty law apply to consumers. In addition, consumers may be subject to additional guarantees or customer service provided as part of the product description.
For entrepreneurs, the right to a warranty and the right to warranty recourse are limited to six months from handover. For used goods, the right to warranty is completely excluded for entrepreneurs.
Deviations from technical ÖNORM or the state of the art do not entitle the client to a claim in contracts with companies if the goods have sufficient functionality.
The client as an entrepreneur has the right to improvement or replacement or, in the case of non-essential defects, to a price reduction or, in the case of significant defects, to conversion at the discretion of Mervelly-Fashion. By rectifying the defect, the company's warranty period will neither be extended nor will it begin again for the part of the service affected by the defect elimination.
Mistake, shortening over half for entrepreneurs. The right to challenge due to errors and reductions of more than half is excluded.
Compensation and other claims. Claims for damages and claims based on other liability regulations, in particular claims for recourse, of the client are excluded, provided that these are not based on gross negligence or intent in contracts with entrepreneurs or on gross negligence or intent on the part of Mervelly-Fashion in contracts with consumers.
Such claims from entrepreneurs expire six months after the damage and the perpetrator become aware of it; in any case after three years from the act of infringement.
Claims due to personal injury and other non-dispositive liability provisions are excluded from this exclusion of liability.
Protective effect for the benefit of third parties. It is expressly agreed that this contract does not have any protective effect in favor of third parties.
Liability for agreed third-party services. Those third parties who provide the agreed third-party services are not vicarious agents of Mervelly-Fashion in contracts with entrepreneurs, are not active in pursuing the interests of Mervelly-Fashion and are therefore not included in Mervelly-Fashion's risk area.
For the agreed external services themselves, but not for the professional commissioning, coordination and processing of the same, in contracts with entrepreneurs, any fault-based liability of Mervelly-Fashion is additionally reduced to the fault of selection and any liability of Mervelly-Fashion regardless of fault is excluded.
If, in contracts with entrepreneurs, the third-party services are used on the instructions of the client, i.e. selected by the client, then any liability on the part of Mervelly-Fashion is excluded.
Liability for free services. To the extent that Mervelly-Fashion provides services or parts of services free of charge, any liability for these parts of services is excluded in contracts with entrepreneurs.
Liability for used goods. For used goods, the right to a warranty for entrepreneurs is completely excluded; for consumers, the warranty period is limited to 1 year from delivery.
Burden of proof on entrepreneurs. A reversal of the burden of proof to the detriment of Mervelly-Fashion is excluded. In particular, the existence of the defect at the time of handover, the time at which the defect was discovered, the timeliness of the complaint as well as the existence and degree of fault must be proven by the client.
Grace period for entrepreneurs. In the event of non-fulfillment of the contract as agreed, the client is only entitled to assert claims if the client has granted Mervelly-Fashion a reasonable grace period of at least fourteen days in writing. This also applies to the termination of the contract for important reasons.
Contract cancellation for entrepreneurs. A withdrawal from the contract by the client must be declared in writing by registered letter.
Final provisions
Applicable law. Austrian law applies exclusively to all legal relationships and circumstances between the client and Mervelly-Fashion, excluding international reference standards.
Mandatory consumer law. If, in contracts with consumers, Mervelly-Fashion's professional or commercial activity is directed towards the consumer's home country, the protection that the mandatory legal provisions of the country of residence offer the consumer remains unaffected by the agreed applicable law .
UN Convention on Contracts for the International Sale of Goods. The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply to contracts with entrepreneurs.
Place of jurisdiction for entrepreneurs. The place of jurisdiction for all disputes between Mervelly-Fashion and the company is the Austrian court with jurisdiction over Seekirchen am Wallersee. However, Mervelly-Fashion is also entitled to sue at the general place of jurisdiction of Mervelly-Fashion and the company.
CONTRACTUAL PRIVACY POLICY
(not for web shop, please use web data protection declaration here)
Data protection by Mervelly-Fashion. The processing of personal data of the client or its affected employees (hereinafter referred to as client) is carried out by Mervelly-Fashion owner Timon Bernetstätter, Asenweg 4/4, 5201 Seekirchen am Wallersee, Austria for the purpose of fulfilling the contract in accordance with Article 6 Paragraph 1 lit b GDPR (fulfillment of the contract, implementation of pre-contractual measures e.g. making an offer), Art. 6 Para. 1 lit c (fulfillment of a legal obligation e.g. accounting) and in accordance with Art. 6 Para. 1 lit f (legitimate interest of Mervelly-Fashion e.g. documentation of the business relationship). If personal data of special categories (e.g. health data, biometric data) are processed as part of the contractual relationship, this processing takes place exclusively for purposes expressly specified in advance and only based on the consent of the person concerned in accordance with Article 9 Paragraph 2 lit a GDPR.
Further processing. The client's contact details are further processed in accordance with Article 6 Paragraph 4 of the GDPR for the purpose of direct marketing in forms that do not require consent, such as addressed mailing of advertising, in accordance with the purpose of fulfilling the contract.
Electronic direct mail. Processing for the purpose of direct marketing in forms requiring consent, such as the electronic dispatch of advertising or the placement of personal advertisements, only takes place based on the client's additional voluntary consent in accordance with Article 6 Paragraph 1 lit a GDPR.
Mandatory data provision / consequences of non-provision. There is no legal or contractual obligation to provide the client's personal data. However, if the client does not provide Mervelly-Fashion with the personal data required by Mervelly-Fashion to fulfill the contract before the contract is concluded, this will result in Mervelly-Fashion not being able to make an offer to the client or a contract being concluded between Mervelly-Fashion and the client comes about.
There is also no legal or contractual obligation to grant consent to the processing of the client's personal data. Depending on the consent, failure to grant consent would either result in no contract being concluded between Mervelly-Fashion and the client or in the client not receiving any direct advertising in forms requiring consent.
Transfer. All data is subject to the agreed or legal obligation to maintain confidentiality and protect personal data. The client's personal data will only be passed on to the recipients or recipient categories listed below:
- Banks and payment service providers (payment processing)
- Shipping service provider (shipping of goods and invoices)
- Tax advisor (accounting according to UGB/BAO, preparation of annual financial statements)
- Debt collection agencies (debt collection)
- Lawyers (in the event of asserting contractual or statutory legal claims)
- Communication service provider (for processing the contractual relationship)
- Subservice providers for project implementation (to fulfill the contractual relationship)
The data will only be passed on to other recipients not named in this list on the basis of a legal basis or in coordination with the client.
Worldwide processing. The processing of the client's personal data by Mervelly-Fashion takes place - if possible - exclusively in the European Union.
The client's personal data will only be processed or transmitted to third countries
- if this is either necessary to fulfill the contract between Mervelly-Fashion and the client (Art. 49 Para. 1 lit b GDPR), or
- if this is necessary to carry out pre-contractual measures at the request of the client (Art. 49 Para. 1 lit b GDPR), or
- after informing Mervelly-Fashion of the possible risks of data processing in the third country in which the data processing is planned and the express consent of the client in accordance with Article 49 Paragraph 1 lit a GDPR.
Storage period. The client's personal data will be stored for at least seven years for the purpose of fulfilling legal obligations in accordance with Section 132 Paragraph 1 BAO. In addition, the client's personal data is stored for the purpose of documentation and the fulfillment of legal obligations for a maximum of ten years after completion of the orders.
If no contract has been concluded between Mervelly-Fashion and the client, the client's personal data will probably be stored for twelve months for the purpose of documenting the business relationship.
Right of withdrawal. The client has the right to revoke the consent given by him at any time. If consent is given in writing, the revocation can only be done in writing; if consent is given to receive electronic advertising, this can also be done by clicking on the unsubscribe link. If consent is revoked, processing will be stopped unless there is another legal basis. The lawfulness of the data processed up to the point of revocation is not affected by the revocation.
Right to object. The client has the right to object to the processing of his personal data for the purpose of direct advertising. In the event of an objection, your personal data will no longer be processed for the purpose of direct advertising.
Rights of those affected. The client has the right to information, correction and deletion of his personal data, the right to restrict data processing, the right to data portability and the right to lodge a complaint with the data protection authority. The contact details of the Austrian Data Protection Authority are: Austrian Data Protection Authority, Barichgasse 40-42, 1030 Vienna, Telephone: +43 1 531 152 - 0, Email: dsb@dsb.gv.at .
