Terms and Conditions of Sfera GmbH (SFERA)
These Terms and Conditions (T&C) are considered a contractual part of all orders or interactions of SFERA with its contractual partners. Our T&C also apply to subsequent interactions even if they have not been explicitly stated again. We do not approve of any conflicting T&C of our contractual partners unless explicitly stated in writing. The right of withdrawal from a contract (item 7. of our T&C) does only apply to contracts with partners within the European Union.
Sfera GmbH is officially registered under Austrian law in the Austrian company register under the number FN 370562w. The rights of all Sfera products are internationally reserved and registered by the Austrian Patent Office (APO).
2. Legal name and address
Our full legal name and address is: Sfera GmbH, Grillparzergasse 1-2, 2340 Mödling AUSTRIA
3. Ordering process and conclusion of a contract
Descriptions of our urnes in our on-line shop are not a binding offer from SFERA yet. They are rather meant as invitations for customers to make an offer to SFERA. Therefore, a customer’s order is an offer to SFERA that we still have to accept. Only SFERA’s explicit acceptance of a customer’s offer constitutes a contract. Upon a client’s order SFERA sends a confirmation of receipt that is not legally considered an acceptance of the offer. The confirmation advises the customer of their right to withdraw from a contract (applicable only to EU residents according to EU Consumer Protection Regulations). SFERA’s acceptance will state the exact identification of the urn (e.g. brand, model name and -number, price) contain our T&C. With this acceptance of SFERA a binding contract is established. SFERA may accept a customer’s offer either in writing within 7 days or by shipping the item within 14 days. We try to keep our web-shop up to date so it reflects our current stock accurately. However, it may happen that items are sold while they still appear on the web-shop. We cannot in every case guarantee that items on our web-shop are still available.
When accepting your offer SFERA will issue an invoice. Items will be shipped after payment has been received. Payment methods are wire transfer to our account, credit card or Paypal. In case SFERA cannot accept a customer’s offer (e.g. because the item is not available any more) we will immediately advise. Any funds received will immediately be reimbursed.
Charges for shipping, packaging and insurance have to be borne by the customer in addition to the item’s price. Charges for Express-shipping and packaging within Austria: € 15,- up to a value of goods of € 1.500,- Charges for Express-shipping and packaging within the EU: €60,- up to a value of goods of € 1.500,- Charges for Express-shipping and packaging outside the EU: €100,- up to a value of goods of € 1.500,-
6. Retention of title
The title to our goods shall remain vested in SFERA and shall not pass to the buyer until the purchase price for the goods has been paid in full and received by SFERA. This also applies if any previously purchased goods haven’t been paid in full so that a balance is due to SFERA. Until title to the goods passes, SFERA shall have authority to retake, sell or otherwise deal with and/or dispose of all or any part of the goods. Irrespective of whether title to the goods remains vested in SFERA the risk in the goods shall pass to the buyer upon delivery. Buyer agrees to take good care of the goods until the purchase price has been paid in full.
7. Right of withdrawal
EU residents qualifying as consumers under the EU Consumer Protection Regulations have the right to withdraw from the contract/purchase within 7 working days. The 7 days period starts from the moment the customer has received the goods and additionally has received this advice on the right of withdrawal. No justification for withdrawal is required, however withdrawal has to be done in writing (mailed letter – not e-mail or telephone) to: Sfera GmbH Grillparzergasse 1-2 2340 Mödling AUSTRIA Email: email@example.com Tel: +43 664 7345 6602 To be effective the written withdrawal has to be mailed/sent within the 7 days period – it may arrive at SFERA later. Alternatively – in case the customer has already received the goods – the customer can yield their right of withdrawal by sending the goods back to SFERA. Before sending back goods to us please check with us shipment details and insurance. Shipment of the goods to SFERA has to be done by the same means as received. Goods have to be in exactly the same condition as received, with all accessories, hang tags, documentation and packaging, also protective plastics and tape intact. Customer has to insure the shipped goods adequately. Costs for shipping and insurance are on the customer. In case of effective withdrawal both parties have to make restitution for all goods and services received. If you cannot send back the goods in exactly the same condition, e.g. with marks of use on a urn, you will have to compensate us for that. Reimbursements of payments will be settled within 30 days. The 30 days term starts with your written notice of withdrawal or the shipment of goods. For us the 30 days term starts upon receipt of goods.
8. Right of withdrawal of seller
We reserve the right to withdraw from a contract. This may happen e.g. on the occasion of supply bottlenecks.
Provide warranty for the urns we sell according to legal requirements. We honor our representations of our urns, however we do not honor assertions and promises as they may be stated in advertising and media. Warranty does not extend to defects that have been caused by inappropriate treatment of goods by customer or normal use. We do not guarantee being waterproof or against breakage. If defects cannot be rectified or if SFERA opts not to rectify the customer may reduce the price adequately or withdraw from the contract. Since we have only a limited range of goods we may not always be in a position to provide a replacement delivery. The customer, therefore, has only a right for replacement delivery if we have such a urn in stock. The customer is obliged to notify SFERA if delivery is obviously wrong or incomplete within a period of 5 days in writing.
Any liability of the Contractor for loss of profit or other indirect or consequential damages shall be excluded.
11. Privacy of Data
The customer data will be electronically processed and stored to the extent necessary for commercial transactions with SFERA. All personal data provided/supplied are exclusively intended for internal use by SFERA and will/shall not be disseminated/disclosed to third parties. Customer agrees to this use of their personal data, however they may also object at any time. In that event the customer shall send his written objection to Finest Timepieces GmbH, Grillparzergasse 1-2, 2340 Mödling/Austria
12. Severability clause
In the event that individual clauses of these terms or an individiual contract with the customer are legally invalid, the contract remains valid in its remaining parts. Parties agree to replace invalid clauses by a new clause that serves the cause of the contract, in order to arrive at the goals that parties had in mind initially. The same applies to areas that the contract missed to cover and that are missing.
13. Place of jurisdiction und applicable law
Place of fulfillment is Vienna, Austria. Venue for all disputes arising from this contract is Vienna / Austria if the Buyer is a merchant, a legal person under public law, or a special fund under public law. We are also entitled to take court action at the place where the Buyer’s head office is located. The same applies if the address of the buyer is unknown at the time of taking legal action. Austrian law applies exclusively, particularly with regard to foreign business, with the exclusion of the common UN law on the sale of goods (CISG). The contract language is German.