General Terms and Conditions

 

Effective: 15/10/2021

 

1. Subject Matter of the Contract, Contracting Parties, Amendments

1.1 These General Terms and Conditions apply to all sales via the webshop ursula futura to consumers within the meaning of the Consumer Protection Act (KSchG). For sales to entrepreneurs, the terms and conditions available here shall apply.

1.2 Your contractual partner is Ursula Futura GmbH, Zieglergasse 94/21, 1070 Vienna, Austria (hereinafter also „Ursula Futura“ or „we“).

1.3 With every purchase in our webshop and with the registration for a user account you conclude a legally binding contract with us, which is based on these General Terms and Conditions.

1.4 We reserve the right to amend these terms and conditions from time to time in order to take into account the wishes of our users or a change of our offers. The date of the respective version can be found at the top of the document. We will notify you of any changes by sending the amended Terms and Conditions to the email address last notified to us. This notification will be made at least six weeks before the change takes effect. The amended Terms and Conditions will be deemed to be agreed unless you cancel your account before the effective date. We will specifically draw your attention to the significance of your decision and action at the beginning of the envisaged period.

 

2. Offers, Order, Conclusion of the Contract

2.1 All offers in our webshop are exclusively subject to these General Terms and Conditions in the version applicable at the time of ordering. Any deviating terms and conditions of the customer shall not apply unless we have agreed to their validity in writing. All offers in our webshop are subject to change and are only valid while stocks last.

2.2 You can shop at ursula futura as a „guest“ without registering for a user account. For a more comfortable use you can register for a user account.

2.3 To use our platform, you must be of legal age or act with the consent of your legal guardian.

2.4 Our webshop will guide you through the individual ordering steps until the purchase is completed. Once you have selected the desired product, you can place it in the shopping cart without obligation. You can view the contents of the shopping cart at any time by clicking on the „Cart“ link. You can remove all products placed in the cart by clicking on „Remove“ or by setting the quantity to „0“. If you want to buy the products added to the cart, click the „Check out“ button.

If you are not logged in yet, please log in at this point („Log in“). Alternatively, you can buy as a „guest“. To do so, you must provide us with a valid email address that you are authorized to use.

 After entering your data and selecting the delivery method and payment method, clicking on „Review order“ will take you to the order summary, where you can review your entries again. By pressing the „Back“ buttons you can correct your entries. The order process can be cancelled at any time by closing the browser.

 By clicking the button labelled „Pay now“ you make a binding offer to conclude a purchase contract with us.

2.5 We will confirm receipt of your offer by sending an automatically generated email to the address you have provided („Order Receipt“). This email does not yet constitute an acceptance of your offer. Please check the order data in the Order Receipt. If you find any error or change your mind about the order, please let us know as soon as possible.

2.6 We may accept your offer by confirming the purchase in another email („Order Confirmation“) or by shipping the purchased goods.

 

3. Delivery Terms and Delivery Periods

3.1 We currently offer delivery of goods to all customers in the countries listed on the subpage „Shipping costs & delivery conditions“. Customers from other regions can pick up the goods from us or organize the transport themselves.

3.2 The delivery times listed in the webshop on the subpage „Shipping costs & delivery conditions“ apply. These are approximate. In regard to all products that we manufacture only upon your order, the delivery period begins to run after the production is completed. The production time is indicated in the product description. If the delivery time for a particular product deviates from the list on the subpage “Shipping costs & delivery conditions”, it is indicated directly on the product page.

3.3 We are entitled to execute the order in partial deliveries even without a corresponding request by the customer. In this case, we shall bear all additional shipping costs incurred as a result.

3.4 If we are prevented from meeting delivery deadlines due to force majeure (e.g. strike, natural disasters) or other circumstances for which we are not responsible, we will inform you of this as soon as possible. The delivery period shall be extended by the duration of such events.

3.5 Please check the goods for damage immediately upon receipt and, in the event of a complaint, notify us as soon as possible at the email address studio@ursulafutura.com. Please send us as accurate a description as possible and photos of the defect or damage.

 

4. Prices, Shipping Costs, Terms of Payment

4.1 The prices shown in the order summary shall apply. These prices include VAT, shipping, packaging and transport insurance.

4.2 You can choose from all payment methods displayed in the webshop.  

4.3 You agree to receive electronic invoices. These invoices will be sent by e-mail to the address you provide or are available online as a printable and storeable file in your account management (only for registered customers).

 

5. Title Retention

All goods shipped by us remain our property until full payment.

 

6. Right of Withdrawal or Cancellation (hereinafter uniformly referred to as „right of withdrawal“)

You have the right to withdraw your order or an already concluded contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. If you have ordered multiple goods in one order and these goods are delivered separately, the withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. In case we have not fulfilled our obligation to inform you about the existence of the right of withdrawal (the conditions, the deadlines and the procedure for exercising this right), the withdrawal period shall be extended by twelve months. If we fail to provide you with the information within twelve months after your taking possession of the goods, or in the case of separate delivery of the last goods, the withdrawal period shall end 14 days after the date on which you receive this information.

 

To exercise the right of withdrawal, you must inform us 

Ursula Futura GmbH

Höhnegasse 5/6

1180 Vienna

Austria

E-Mail: studio@ursulafutura.com

 

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, 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.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), 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 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 shall send back the goods or hand them over to 

Ursula Futura GmbH

Höhnegasse 5/6

1180 Vienna

Austria

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 us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. The costs depend on the dimension and weight of the shipment. They are estimated with the amount listed on the subpage „Shipping costs & delivery conditions“.

 

For goods that cannot be returned normally by mail due to their nature, the following applies: We will pick up the goods from you. You bear the direct costs of returning the goods. The costs depend on the dimension and weight of the shipment. They are estimated with the amount listed on the subpage „Shipping costs & delivery conditions“.

If possible, please return the goods in their original packaging or pack them in such a way that damage in transit can be excluded as far as possible. Please note the terms and conditions of your chosen carrier for the carriage of fragile goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

You have no right of withdrawal for contracts for goods that are made to customer specifications or clearly tailored to personal needs.

 

7. Warranty and liability

7.1 The warranty shall be governed by the statutory provisions.

7.2 We shall be liable exclusively for damages that we or our vicarious agents have caused to you intentionally or by gross negligence. This does not apply to the liability for personal injury and claims under the Product Liability Act.

 

8. User Accounts

8.1 You can use our webshop without registering for a user account.

8.2 With your registration you create a user account and conclude a user contract with us. We reserve the right to refuse registration without giving reasons. In order to prevent misuse, you will receive a confirmation email with an activation link from us to the email address you provided. The user account will only be set up after clicking on this link.

8.3 You must provide all information requested in the course of registration correctly and completely. The specification of a P.O. Box as an address is not permitted. We are entitled, but not obliged, to request proof. You must update your user account immediately in your account management whenever your data changes. You will be liable to us for any disadvantages we may suffer as a result of any incorrect information you provide. In this case, we are also entitled to block or terminate the account without notice. You cannot derive any claims from this. 

8.4 Multiple registrations are not permitted. The transfer of the user account to another person is not permitted.

8.5 The password must be at least eight characters long and consist of upper- and lower-case letters, numbers and special characters.

8.6 You must keep your login data secret and protect it from access by unauthorized third parties. If you suspect that unauthorized third parties have obtained knowledge of your login data, please notify us immediately and change your password. In this case, we are entitled to temporarily block the user account to prevent misuse.

 

9. Term, Termination and Blocking of the User Account

9.1 The user account contract is concluded for an indefinite period.

9.2 You can terminate this contract at any time by deleting your account in writing by email or in your account management. To prevent misuse, you will receive an email from us in which you must confirm the deletion of the user account in writing.

9.3 We are entitled to terminate the contract for your user account with a notice period of one month to the end of the month. The termination shall be effected by an email to the email address provided by you.

9.4 This shall not affect our right to terminate this contract without notice at any time for good cause. Such good cause that entitles us to terminate shall be in particular, but not limited to

9.4.1 if you have entered incorrect data for your user account;

9.4.2 if you make your user account available to third parties or transfer it to third parties;

9.4.3 if you otherwise culpably violate a contractual obligation. 

9.5 In all these cases, we are also entitled to warn you and/or temporarily block your account without prior notice. You cannot derive any claims from this. At the same time as the block, we will request you to remedy the violation within a reasonable period of time.

 

10. Offset of Claims

10.1 You can only offset claims of Ursula Futura GmbH against your own claims that are legally related to your liability, that have been determined by a court or recognized by us, or in the case of our insolvency. If you are an entrepreneur within the meaning of the KSchG (Consumer Protection Act), the following applies in deviation from this: offsetting with your own claims is excluded.

 

11. Final Provisions

11.1 The place of performance is the registered office of Ursula Futura GmbH.

11.2 Every contract concluded in our webshop shall be governed exclusively by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods and the international conflict of law rules.

11.3 The contract language is German. Versions of these terms and conditions in other languages are for guidance only. The German version shall be exclusively authoritative.

11.4 The text of the contract will not be stored. We recommend that you archive our order confirmation and the General Terms and Conditions attached to it.

11.5 The consumer arbitration bodies responsible for transactions conducted via our webshop platform are:

Internetombudsmann

c/o Austrian Institute for Applied Telecommunications (ÖIAT)

Ungargasse 64-66/3/404

1030 Vienna

Telephone: +43 1 595 211 275

Fax: +43 1 595 21 12 99

Email: kontakt@ombudsmann.at

 

Association “Conciliation for Consumer Transactions”

Mariahilfer Street 103/1/18, 1060 Vienna

Tel.: +43 (0)1 890 63 11

Fax: +43 (0)1 890 63 11 99

office@verbraucherschlichtung.at

 

We decide on a case-by-case basis whether to participate in a dispute resolution procedure.

11.6 The European Commission has set up a platform for online dispute resolution for consumers, which can be found at https://ec.europa.eu/odr.

11.7 Any disputes arising from this agreement, including the question of its effective conclusion and its termination, shall be subject to the exclusive jurisdiction of the competent court at the registered office of Ursula Futura GmbH. If you are a consumer within the meaning of the Consumer Protection Act (KSchG) and have your domicile or habitual residence in Austria or are employed in Austria, you may, in derogation thereof, only be sued before those courts in whose jurisdiction your domicile, habitual residence or place of employment is located.