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Terms & Conditions

Scope

For all orders via our online shop, the following terms and conditions apply in the version valid at the time of the order.

  • Consumer: A consumer is any natural person who is not an entrepreneur (Unternehmer) within the meaning of § 1 KSchG (Austrian Consumer Protection Act).
  • Small Business Regulation: In accordance with the Austrian small business regulation § 6 Abs. 1 Z 27 UStG (Austrian Value Added Tax Act), no VAT (Value Added Tax) is shown in our online shop or on our invoices.

Contracting Party, Conclusion of Contract

The purchase contract is concluded with Michelle Kraemer.

  • Our Binding Offer: By placing products in the online shop, we make a binding offer to conclude a contract for these items.
  • Order Process: You can initially place our products into the shopping cart without obligation. You have the ability to review and correct your entries at any time before submitting your binding order using the corrective tools provided during the ordering process.
  • Contract Conclusion: The contract is concluded when you accept our offer for the goods contained in the shopping cart by clicking the dedicated “Order with obligation to pay” button (or a button with equivalent, unambiguous wording indicating a payment obligation).
  • Confirmation: Immediately after sending the order, you will receive an order confirmation by e-mail. This confirmation includes a summary of your order and these Terms and Conditions in a durable format.
  • Alternative Conclusion (PayPal): If you have chosen the payment method PayPal, the contract is concluded at the time of your confirmation of the payment order to PayPal.
  • Contract Language and Storage: The language available for the conclusion of the contract is English. The contract text is not stored by us in a way that is permanently accessible to the customer. However, you can view the terms and conditions here on this page, and your past orders can be viewed in our customer login.

Terms of Delivery

In addition to the stated product prices, shipping costs are added. More information on shipping costs can be found here.

  • Pick-up: You also have the option of picking up your order at: michelle kraemer jewellery | Stoss im Himmel 3/3a, 1010 Vienna | Austria. We will contact you to arrange an appointment as soon as your order is ready for collection.
  • Exclusion: We do not deliver to packing stations (“Packstationen”).

Payment

In our shop, you can use the following payment methods: (Ensure all payment methods mentioned here match those available on your checkout screen).

  • Card Payment: We securely accept major credit and debit cards, including Visa, Mastercard, and American Express. Your card details are processed securely and are not stored on our servers (unless you choose to save the information to your account for future purchases).
  • EPS: Pay easily and securely using the popular Austrian bank transfer system, EPS.
  • Klarna: Shop now and pay later with Klarna. Klarna offers flexible payment solutions (such as “Pay in 30 days” or installments), depending on your location and eligibility, which will be determined during the checkout process.
  • PayPal: Pay quickly and conveniently using your PayPal account or process a card payment through their secure platform without needing an account.

Right of Withdrawal (Widerrufsrecht)

Consumers are entitled to the legally regulated 14-day right of withdrawal in accordance with § 11 FAGG (Austrian Distance and Off-Premises Contracts Act).

  • Withdrawal Period: The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
  • Exercising the Right: To exercise your right of withdrawal, you must inform us of your decision to withdraw by means of a clear statement (such as a registered letter sent by post, fax, or e-mail). You may use the attached model withdrawal form [insert link here], but it is not mandatory.
  • Deadline: To meet the cancellation deadline, it is sufficient for you to send the notification of withdrawal before the withdrawal period has expired.
  • Consequences of Withdrawal: Due to a valid cancellation, we will refund all payments received, including delivery charges (excluding any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by us). We can refuse the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
  • Return of Goods: You must return or hand over the goods to us as soon as possible, at the latest within fourteen days after notifying us of the withdrawal from the contract. The deadline is met if you send the goods before the expiry of the fourteen-day period.
  • Cost of Return: The direct costs of returning the goods are to be borne by the buyer.
  • Exclusions from the Right of Withdrawal (§ 18 FAGG): The right of withdrawal does not apply to:
    • Goods that are manufactured according to customer specifications or are clearly tailored to the personal needs of the consumer (custom-made items). Custom-made items include the manufacture of items according to customer requirements (e.g., specific material, color, finish) and the production of collection items in non-stocked sizes.
    • Damaged goods that are returned in a condition that prevents resale (the customer is 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).

Warranty (Gewährleistung)

The statutory provisions on Warranty (§ 922 ff ABGB – Austrian Civil Code) apply.

  • Within the scope of the legal provisions, we guarantee the contractual quality of our articles. For aspects of the artistic design of the articles, we assume no warranty.
  • The warranty period is two years from the date of delivery of the goods.

Compensation (Haftungsausschluss)

  • Claims for damages against us are hereby excluded, unless they result from gross negligence or intentional behavior of the seller or manufacturer, or for injuries to life, body, or health.

Place of Performance and Jurisdiction (Gerichtsstand)

  • Place of Performance (Erfüllungsort): The place of performance of the contract is the place of business of the seller: Stoss im Himmel 3 / 3a, 1010 Vienna.
  • Governing Law: All disputes arising from this legal relationship are subject to the law of the Republic of Austria, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

Jurisdiction: The court with jurisdiction is, as far as permitted by law, the competent court in Vienna (for consumers, this may be their place of residence).

Online Dispute Resolution (ODR)

  • Online Dispute Resolution pursuant to Art. 14 para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which can be found at: http://ec.europa.eu/consumers/odr/.
  • Alternative Dispute Resolution (§ 19 AStG / VSBG): We are in principle prepared to participate in an extrajudicial arbitration proceeding before an Alternative Dispute Resolution Entity for consumer matters in Austria. The competent consumer arbitration board in Austria is https://www.verbraucherschlichtung.at