General Terms of Business
Valid from 1st February 2016
F.A. Imre Turi OG
Official Commercial Partner of Herend Porcelain Manufactory Ltd. (Hungary)
1010 Wien, Austria
Registration number: FN336048p
Websites: www.herend.at www.herendanimals.com www.herendexperts.com
Address of the Herend Shop: Hotel Marriott Vienna, Parkring 12/A Wien
Media owner and publisher: F.A. Imre Turi OG
Bank: Bank Austria
IBAN: AT88 1200 0515 8004 1723
All information is provided to the best of our knowledge. Nevertheless, in case of any incomplete or incorrect information, we apologize but cannot assume liability. The provided websites may contain links that refer to other providers. For the content of these external sites the Company cannot take any responsibility. The current content of the websites are copyrighted and for personal use only. Any additional use, in particular storage in databases, publication, duplication, and any other form of commercial use, as well as transfer of even parts of it to third parties is, without prior written consent, prohibited. All images and videos used or available on the websites are the exclusive intellectual property of F.A. Imre Turi OG and thus are under copyright protection and may not be used without prior written consent of the beneficiary. All these contents were produced or ordered by F.A. Imre Turi OG at its own expense and thus carry a high value. Any unauthorized use of these images and videos establish a breach of intellectual property and will be followed up by the necessary legal actions and claim for damages. Contents and its arrangement on the websites underlie the copyright and other protection rights.
These General Terms of Business (GTB) governing purchase, delivery and payment in the following shall apply to the use of all websites run by the Company. By using these websites or, at the latest, by ordering goods, the customer accepts these GTB.
For changes or collateral agreements to be valid, they must be confirmed by the Company and shall be applicable to exceptional business cases only.
We expressly and fully reject any special provisions made by the customer whatsoever.
In the event that individual clauses of the present GTB become invalid, this will neither render the remaining regulations ineffective or/nor any other contracts based upon these. The contracting parties will jointly agree to find a valid alternative that most closely fulfills both content and purpose of the former regulation.
The Order and the Contract
Our offers are all subject to alteration. The customer’s orders represent offers as defined by law, to which the customer will be legally bound once the grace period of three weeks is over. The contract between ourselves and the customer will become legally binding as soon as the customer has received our order confirmation, delivery has been made or the service(s) rendered. We are not required to send the customer any more information in order to confirm his order.
Upon placing an order you will receive an automatically produced email confirming the receipt of order.
The customer should know that the internet does not represent a secure medium of communication and that data transferred via the internet may either become known to or be changed by third parties. The customer bears the risk of data either not being delivered or being delivered differently from how it was sent. We assume that the data that arrives here has been sent as received from the customer.
The photos on the websites are illustrations but we do our best to make sure that they represent the true images of the products regarding colors and forms but this cannot be granted.
Our prices do not include VAT, the prices on the websites are net prices in euro. The VAT is calculated during the checkout process based on the state of delivery. In the event of purchase from EU member states the amount of VAT is 20% which is the Austrian VAT. In the event of outside EU purchase the VAT shall be paid by the customer in the state of delivery.
Any costs for shipping and handling will be listed separately are not included in the price and will always depend on the product ordered and its location. For deliveries outside Austria, additional fees for import and export costs might be charged.
The prices displayed on our web sites and in the price lists are subject to alteration. We reserve the right to change the information provided at any time. Our prices represent current market prices until further notice. The invoice will be in euro.
The customer may ask for Local Pickup which means that the products will be collected by the customer at the Herend Shop. In this case the standard 20% Austrian VAT will be charged.
Delivery will be made at the risk and cost of the customer to the address provided at the time of order. The delivery cost is EUR 39-.
If the ordered product is in stock it will be sent after the day of the order. The delivery companies used are Post Austria, GO! Express & Logistics GmbH, FedEx and FOR-ANT-EX Ltd. The cost of transport includes the cost for wrapping material and handling fees.
The products are wrapped by the expert staff of Herend Porcelain Manufactory into safety boxes with special materials. The deliveries are also insured for their full value by Lloyds London All-Risk-Insurance Company.
If the product is out of stock it will be ordered and will be delivered after it arrived. In this event the customer shall be aware of the fact that the capacity of Herend Porcelain Manufactory Ltd is limited which means that the orders are usually delivered by Herend Porcelain Manufactory Ltd to the Company within 4-6 weeks which might last even longer, more than 8 weeks. In the Christmas season delivery times usually take longer. By ordering and accepting the GTB the customer expressly accepts the above in which regard the Company shall have no liability for late delivery of out of stock products.
Quoted delivery dates are subject to change. If delivery dates could not be kept, this will entitle the customer to make use of the right to withdraw from the contract only after an extension period of at least two weeks. If we fail to meet the extension date, the customer is entitled to withdraw from the contract.
Delivery time is prolonged by any circumstances going beyond the contracting party’s intention to deliver in due time (vis maior) in the event of: An Act of God, any unforeseeable breakdown of services, interference by authorities, delays owing to sluggish transport or customs clearance, damage during transport, rejections of important production components and unforeseeable interruptions of services.
If partial deliveries are possible, they may also be lawfully carried out. All partial deliveries count as independent deliveries, for which we may invoice you separately.
Notification of defects (the consumer will forfeit any of his rights warranted by the Customer Protection Law if he fails to indicate these in good time) should be made upon receipt of delivery or as soon as these defects are noticed. If the customer is an entrepreneur as defined by the Customer Protection Law, he must inspect the goods delivered or services rendered to him immediately upon delivery as to their completeness, correctness and any contingent faults. We must be informed by the customer about any faults in writing within 5 working days following a proper examination of the goods delivered or services rendered to substantiate any contingent customer claims.
In the event the customer finds a fault, he can ask for a replacement but has to prove the fault of the product with photo evidence. If these services are not expedient, the customer can demand an adequate reduction or change in price in accordance with the current legislation. The replacement will be free of cost and we will not charge you for any expenses incurred. However, we can ask the customer to return the goods to us – if this is expedient – at our risk and at our costs. Warranty is governed by current legislation.
In the event of any defects the customer is obliged to provide a photo proof of the defect within 48 hours in which case the replacement of the order is granted without any charge.
We do not assume liability for any damage irrespective of the legal grounds it is based upon, in particular due to delays, services rendered impossible, defective performance, conditions prevailing upon signing the contract, consequential fault damages, faults or unlawful acts, caused by us or by persons for whom we are responsible, due to slight negligence. Customers, who are entrepreneurs as defined by the Customer Protection Law must provide evidence that we acted with gross negligence or intent. With consumer contracts, personal injuries and damage caused to goods that were accepted with the purpose of processing these are excluded from the liability exclusion. Expressly and by mutual agreement, we waive any responsibility for warranty in the event of slight negligence. We need pictures which prove the damage to be able to claim for our customers at the carrier’s.
Terms and Methods of Payment
The orders may be paid via direct bank transfer or by using PayPal. In the event of more complex orders a PayPal invoice may be asked for which can also be paid with Master Card, VISA, AmEx, or Discover credit cards. All necessary account information from the Company will be sent to you immediately after you placed the order. As soon as the total is transferred to our account, the parcel will be packed.
For late payments, we will charge interest on arrears at a rate of 5 % above the current base-rate of the European Central Bank.
If the customer is late with his payment or any other services he needs to provide, we are entitled (irrespective of any other legal provisions) to withhold our deliveries until the agreed quid pro quo has been made. After an appropriate extension time has elapsed, we have the right to withdraw from the contract and claim damage for breach of contact. We reserve the right of claiming damage compensation for depreciation, wear and tear, transport expenses etc., while being entitled (if we withdraw from the contract ourselves) to claim or retain 25 % of the purchase price as a minimum contract penalty.
The customer obligates himself to pay adequate compensation to fully cover our claims if he breaks his contractual obligations. We will charge EURO 10 per reminder and EURO 50 for keeping the customer up to date with the costs he owes us. In addition, the costs for collection agencies must be paid, up to the maximum amount that can be charged by these agencies, as well as any costs for legal advice in accordance with the law regulating lawyers’ fees.
The customer can only offset any costs with us or with connected undisputable or legally valid claims if he is insolvent. Entrepreneurs as defined by the Customer Protection Law may place a lien (right to withhold) for such claims only.
Reservation of Proprietary Rights
We retain the exclusive title of the items supplied by us without any restrictions until these items are paid in full including any extra charges. Until that time, these items are goods entrusted to the customer and may neither be sold, loaned or given away for free. The customer has no right to avail of these items without our explicit permission and bears the full risk for the goods entrusted to him, especially regarding any risk of destruction, loss or detoriation.
Applicable law, place of performance, legal venue
The legal relationships with the customer are solely based on the applicable Austrian Substantive Law to the exclusion of the UN Convention on International Sale of Goods.
Place of payment and performance for all contractual obligations is our registered business office.
The legal venue for any disputes arising directly or indirectly from this contract shall be the competent Austrian Court.
Right to withdraw from Contract in accordance with § 5 e of the Customer Protection Law.
The customer, who is a consumer as defined by the Customer Protection Law, can withdraw from a telesales contract or a contractual declaration given while ordering online or by telecommunication media until the fixed periods of time listed below have elapsed. It suffices if the cancellation is sent within the cancellation period. The cancellation period is forteen (14) working days excluding Saturday, which does not count as a working day. The cancellation period for contracts governing the delivery of goods starts upon their receipt by the customer, and for contracts regulating any services, it starts on the day when the contract is concluded. If we have not complied with our obligation of providing relevant information to the customer as defined by § 5d, sections 1 and 2 of the Customer Protection Law, the cancellation period shall be three months from the times mentioned in the previous section. If we fulfill our obligation to inform the customer, the cancellation period, which has been explained in the previous section, shall start from the time we sent this information.
If the right to withdraw from the contract is exerted we are obliged to reimburse the customer step by step for his payments made as well as for all expenses required and appropriate and customer must return the received goods (immediate costs for returning goods must be paid by the customer as agreed) and reimburse us adequately for their use and pay an indemnity fee to compensate for the general detoriation in value of the goods rendered; accepting goods by the customer alone is not deemed as value deterioration.
The protection of your privacy is very important for us. So we would like to inform you about how we deal with the information entered in our system. Principally you may visit our site without entering any personal information. If you want to place an order or receive our newsletter or want to use any special social functions on our site, we will ask you to enter personal information.
For placing an order we will request your full name, mail address (for sending confirmations and tracking numbers), street, zip code, village, phone number (optional, but very useful in case the deliverer has address problems or the customs got requests), user name and password. Right after placing your registration you get your access information confirmed via mail.
We shall use your entered information according to the most strict law regulations. Forwarding does only happen to deliver your order – so we forward information to the carrier (e.g. FedEx). These companies are not allowed to forward your data for any advertising or other purposes. We shall only forward your data (aside to the carrier) to any other organization when it is commanded by law or any governmental body.
If you want you may sign up for our newsletter (not mandatory for placing an order or be part in our system). You may cancel subscription any time – please use the link in the newsletter or send us a short note if it does not work for any technical reasons.
Our Website uses Social Plugins which are provided by Facebook (facebook.com), operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. The Plugins are marked with a Facebook Logo (white „f” on blue tile or „thumbs-up” sign) or with the adjunct “Facebook Social Plugin”. Find out about Facebook Social Plug-ins at: facebook.com/docs/plugins/.
If you navigate to one of our Internet pages containing this plugin, your browser, if adequately configurated, will connect directly to the Facebook servers. Facebook transmits the Plugin’s content directly to your browser and further to the website. Due to this procedure we do not have any influence on the range of data collected by the plugin and may therefore provide you with the following information:
By activating the plugin Facebook is informed that you have called up a certain page of our website. If you are logged on to Facebook, it can associate your visit with your Facebook account. If you interact with the plugins, such as „Like” or give a comment your browser transmits the information to Facebook, where it is saved. Facebook can find out and save your IP address even if you are not a Facebook member.
For details on the purpose and extent of the collected data and their further processing, the use of the data by Facebook as well as your rights and required settings to protect your privacy please see the Facebook data protection information: facebook.com/policy.php.
If you are a Facebook member and disagree with Facebook collecting your data through our website you have to log-out from Facebook before visiting us. It will not be enough to just close the page.
You are entitled to get any information wanted regarding your personal information entered on our site for free and have also the right to change or close your account if legally possible.
Deliveries and professed intentions must be made to the valid address provided by the customer until further notice of any address changes. Upon conclusion of contract, the customer obligates himself to fill in the form completely and correctly with all data required. If the customer fails to provide correct or complete information, he will be liable for the expenses caused by this. In the event of other compensation claims, the customer must inform us of any changes regarding his name or permanent address without delay. If the customer fails to provide this information, any written notice sent to the customer’s last address will be deemed as properly delivered information.
A transfer of rights resulting from the Contract with us to third parties will be subject to our written approval.
Use of Websites
The customer is not entitled to use content, graphic arts, source texts, offers, price information, logos, company logos, trademarks, intangible rights or other content displayed at the websites. The use of the websites will be a the customer’s own risk.