The supplier of the goods shown in this online shop and contractual partner in the conclusion of purchase contracts concluded via this online shop is the sole proprietor named below:
Phone: 0043 / 699 115 474 15
These General Terms and Conditions (hereinafter referred to as “GTC”) of Bärbel Bellinghausen, trading under the name of “ViolinCocoon Vienna” (hereinafter referred to as “Seller”), apply to all contracts concluded by a consumer (hereinafter referred to as “Customer”) or an entrepreneur with the Seller with regard to the goods displayed by the Seller in the online shop “ViolinCocoon Vienna”. The inclusion of the customer’s own terms and conditions is hereby rejected, unless otherwise agreed.
A consumer within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed. Entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
This translation from the original German version of the GTC into English was generated using a translation program. In case of dispute, the original German version of the General Terms and Conditions is valid.
Conclusion of contract
The presentation of the products in this online shop is not a legally binding offer, but a non-binding online catalogue. By clicking the button “Order now for payment”, the customer makes a legally binding offer to conclude a contract for the purchase of the goods contained in the shopping cart. The confirmation of receipt of the order follows immediately after sending the order and does not constitute acceptance of the contract. The conclusion of the contract is effected by the Seller’s acceptance of the offer, either by sending a written order confirmation or an order confirmation by e-mail within 5 days at the latest, or by delivering the ordered goods to the customer (whereby the receipt of the goods by the customer is decisive), or by requesting the customer to pay after the order has been placed. If there are several of the aforementioned alternatives, the contract is concluded at the time when one of the aforementioned alternatives occurs first. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent. The period for acceptance of the offer by the Customer begins on the day after the Customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. The order processing and contact is usually done by e-mail and automated order processing. The Customer has to ensure that the e-mail address given by him/her for order processing is correct, so that the e-mails sent by the Seller can be received at this address. In particular, the Customer must ensure, when using SPAM filters, that all e-mails sent by the seller or by third parties commissioned by the Seller to process the order can be delivered.
Right of withdrawal
The customer is generally entitled to a right of withdrawal. More detailed information can be found in the Seller’s withdrawal policy. The right of withdrawal does not apply to customers who are not members of the EU at the time of the conclusion of the contract and whose sole residence and delivery address are outside the EU at the time of the conclusion of the contract.
Delivery conditions, transport risk
The delivery time of the individual products is indicated on the respective product page. If no delivery time is indicated, the following regulation applies: the delivery will be made no later than 3 working days after the payment has been processed by Paypal or the payment has been received on the Seller’s account in case of purchase on account / prepayment. No guarantee can be given for the delivery times for domestic and international shipments indicated by Austrian Post. Usually 2-3 working days within Austria and 5-7 days to other European countries are to be expected. Worldwide shipping may take 8-12 days.
Prices, shipping costs
The stated prices of the products and the shipping costs are gross prices. The shipping costs are not included in the purchase price of the products. They are explicitly stated and have to be paid additionally by the customer.
If a shipment is made to countries outside the EU, additional duties, taxes and fees may be incurred, which are to be borne by the customer and paid to the relevant customs and tax authorities. Costs for the transfer of money through credit institutions (e.g. transfer fees, exchange rate fees) are generally to be borne by the customer.
Characteristics of the goods
The essential characteristics of the goods are found in the article description and the supplementary information of the products in the online shop.
There are several payment options available. The Customer can choose between them during the payment process. If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless otherwise agreed.
The delivery of the goods with the prepayment payment methods will take place after receipt of payment of the purchase price by the Seller.
Retention of title
The seller reserves the right of ownership of the delivered goods until full payment of the purchase price.
Reservation of withdrawal
If, after conclusion of a purchase contract, the Seller has difficulties in delivery in such a way that the seller himself is not supplied in time in terms of type and quantity, the Seller reserves the right to withdraw from the contract. The above shall apply in the event that the Seller is not responsible for the failure to deliver and has informed the affected Customers immediately. Services already rendered by the Customer will be refunded immediately by the Seller.
Contract language, contract text storage
The contract language is German. The complete text of the contract is not stored by the Seller. Customers can save it electronically before sending the order using the print function in their browser.
Legal liability for defects, notification of defects
If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
The Customer is requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage. Transport damages are to be signalled to the Deliverer and the Seller is to be informed immediately. If the Customer does not comply with this, this has no effect on his/her legal claims for defects.
If the purchase is a mutual commercial transaction for both parties and the Customer discovers defects in the goods, he/she must, in the normal course of business, determine the defect(s) by inspection after delivery and notify the Seller of the defect(s) within a reasonable period of time.
If he/she fails to do so, he/she can no longer assert claims for warranty, for compensation for damages due to the defect itself (§ 933 para. 2 ABGB) or due to an error regarding the defectiveness of the goods. The Seller cannot refer to this provision if the customer proves that the Seller caused or concealed the defect intentionally or through gross negligence (§ 377 para. 4 UGB). However, if it is a hidden defect that cannot be detected by proper inspection and the Customer was not aware of it at the time of delivery, this must be reported when it occurs (§ 377 para. 3 UGB).
The statutory warranty obligation applies.
Place of jurisdiction, applicable law
Austrian law applies. The provisions of the UN Sales Convention shall not apply. Place of jurisdiction is Vienna, Austria. In the case of mutual commercial transactions, the place of jurisdiction shall be agreed to be the place where the Seller has his registered office.
Online Dispute Resolution
The European Commission provides a platform for out-of-court online dispute resolution which can be accessed at https://ec.europa.eu/consumers/odr. The Seller is not obliged to take part in a dispute settlement procedure before a consumer arbitration board.
Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after the conclusion of the contract, the validity of the contract as a whole shall remain unaffected.
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons. The Withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods. In order to exercise your right of withdrawal, you must inform us, Bärbel Bellinghausen, ViolinCocoon Vienna, Viktorgasse 22718, A 1040 Vienna, Tel: 0043 699 11547415, E-Mail: infoviolincocoon.com, by means of a clear statement (e.g. a letter sent by post or via e-mail) of your decision to withdraw from this contract. In order to comply with the obligation to withdraw, it is sufficient to send the notification of the exercise of the right of withdrawal before the end of the rwithdrawal period.
Consequences of the withdrawal
If you revoke this contract, we must reimburse you for all payments we have received from you, including delivery costs, immediately and at the latest within fourteen days of the day on which we receive notification of your revocation of 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. Under no circumstances will we charge you for this refund. We may refuse to refund until we have received the goods or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any case within fourteen days from the day you notify us of the cancellation of this contract. This period is deemed to have been observed if you send the goods before the expiry of the fourteen-day period.
You shall bear the direct costs of returning the goods. You only have to pay for a considerable loss in value of the goods if this loss in value is due to handling of the goods which is not necessary for checking their condition, properties and functionality.
Exclusion of the right of withdrawal
The right of withdrawal does not apply to consumers who are not members of the EU at the time of the conclusion of the contract and whose sole residence and delivery address are outside the EU at the time of the conclusion of the contract.
- Please avoid damage and contamination of the goods. Please return the goods to us in original packaging and with all packaging components. If necessary use a protective outer packaging. If you no longer have the original packaging, please ensure that you use suitable packaging for adequate protection against transport damage.
- Do not send the goods back to us freight collect.
- Please note that the aforementioned numbers 1-2 are not prerequisites for the effective exercise of the right of withdrawal.
Bärbel Bellinghausen, ViolinCocoon Vienna
I/we hereby revoke the purchase contract concluded by me/us for the purchase of the following goods:
Date of purchase
Name and address
Date, Place and Signature