Terms of Service
Created on the 3rd September 2018.
Omalicha – In love with colours
Name: Emoke Onyekwere-Vribinszki
Address: 1140 Wien, Flötzersteig 222 Stiege 19 Tur 3
Email: omalicha1977@yahoo.com / info@omalicha.at
Handy: +436504550549
GISA Numbers: 30374034 Trade
29635658 Production of art subjects and handcrafted goods
29635689 Production of bags made of untypical or second hand materials
General
The service company offers the products and services listed on the website with the care of a proper entrepreneur. This is under the best possible protection of the interests of the customer.
1. General provisions
1.1. Terms of Service
Unless otherwise agreed, these terms and conditions shall be deemed to be the relevant part of the agreement concluded between the service company and the customer.
2. Placing orders
In principle, the order placed is recorded in an order form. There, all the ordered goods are specified exactly. The customer receives a transcript.
In case the customer would like to purchase something that is not listed in the webshop, customer can contact the service provider in an email to info@omalicha.at / omalicha1977@yahoo.com and discuss further.
3. Prices
Basically, the prices can be found under every products listed in the webshop. The service provider is a tax free entrepreneur, the prices do not contain tax. After the order is placed, the service provider shall not change the prices.
The prices of the products do not contain the costs of sending.
4. Delivery of goods
4.1 Delivery dates and shipping methods
The service company will, as far as possible, meet agreed delivery dates.
If unforeseen circumstances occur which make it impossible to meet the deadlines, the service company will name a new date for the delivery.
The service company will, as far as possible, inform the customer about delays in the appointment.
In case of purchasing products that are in stock, the delivery date will be a few days. In case of products that have to be produced after the order is placed, the delivery may be up to 3-4 weeks. Service provider keeps the customer well informed about the delivery date.
The deliveries are made through Österreichische Post Ag or other courier services. The service provider does not take responsibility for delays during the shipment process. Every packages are sent with Sending numbers, they are secure and trackable. The costs of sending is borne by the buyer.
5. Pick up
Customers who live in Vienna, Austria, or can travel to Vienna, can pick up their products also personally. The date and time of picking up the goods has to be agreed on between the parties.
6. Payment
The whole amount of the order has to be paid in advance, by ordering. Only paid orders are taken into consideration.
The payments can be made through bank transfer or paypal.
7. Complaints
After the dispatch of the product, the risk for loss or damage goes to the Customer as soon as the goods have been dispatched to the Customer, or a third party, determined by the Customer. But if the customer himself concludes a delivery contract, the risk goes to the carrier at the moment, when the Seller gives the product to the carrier. Unless otherwise agreed, the consumer acquires the transfer of risk at the same time the ownership of the goods.
Defects should be reported by the customer within 5 working days. The parties discuss the possibilities, e.g. changing or repairing the product, or returning the product and refunding the money. The costs of sending the goods back to seller is always borne by the customer. Before sending anything back to the seller, customer should always contact service provider and mutually agree on the best option to solve the problem.
7.1 Right of withdrawal for consumers (cancellation conditions)
Right of revocation and deadlines
According to the Consumer Protection Act, you have the right to withdraw from this contract within 14 days without giving reasons, except if the Product was made for your special request and tailored for your size.
Cancellation policy
In order to exercise the right of withdrawal, you must give us a clear explanation (in a letter or e-mail) about your decision to revoke this contract. You can send a letter to the following address:
Emoke Onyekwere
1140 Wien, Flötzersteig 222/19/3
Österreich
or an email: info@omalicha.at / omalicha1977@yahoo.com.
Or you can fill our Withdrawal form on this website.
In respect of compliance with the revocation deadline, it will suffice that you forward the notice of exercising of the right of revocation before the expiry of the revocation deadline.
Consequences of the cancellation
Should you revoke this contract, we will immediately return all payments which we have received from you, including delivery costs (excluding the additional costs which are due to you having chosen a different type of delivery than the low cost standard delivery offered by us) and at the latest within 14 days of the date on which the notice of your revocation of this contract was received by us. We will use the same means of payment for this refund as you used in the original transaction, unless another method of payment has been expressly agreed with you; under no circumstances will fees be charged by you in connection with this refund. We are entitled to withhold the refund until we have taken return possession of the goods or you have provided proof that you have sent back the goods, depending on which takes place earlier.
You must return or handover the goods to us immediately and in all cases at the latest within 14 days of the date on which you inform us of the revocation of this contract. The deadline will have been complied with if you dispatch the goods before expiry of the 14 day deadline. You will be responsible for the direct costs connected to the sending back of the goods.
You will only be responsible for any reduction in value of the goods if this reduction in value results from handling other than is necessary to ascertain the quality, properties and functioning of the goods.
The right of revocation does not exist in case of distance selling contracts for the delivery of goods which are not prefabricated and for whose production an individual choice or provision by the consumer is decisive or goods which are clearly tailored to the personal requirements of the consumer.
If you want to cancel the contract, please fill out cancellation form and send it back at
Emoke Onyekwere
Omalicha – In love with colours
1140 Wien, Flözersteig 222/19/3. Österreich
email: info@omalicha.at / omalicha1977@yahoo.com.
CHECKLIST ALTERNATE DISPUTE RESOLUTION
Schlichtungsstelle für Verbrauchergeschäfte
Information on warranty conditions:
The warranty is 6 months from receipt of the goods. If a replacement or improvement is not possible, the buyer is entitled to price reduction or, if the defect is not minor, to annulment of the contract (conversion). The liability for consequential damages as well as other material and pecuniary losses, if it is not about a consumer business, is excluded. ” The warranty applies only to such products, which were handled according to the given instructions. Every product should be washed only with hand, on maximum 30 °C. No tumble dryer is allowed.
8. Place of performance / jurisdiction
If the customer is not a consumer within the meaning of the KSchG, the court at the seat of the service company is exclusively responsible for all disputes. Consumers are responsible for the court in whose district the domicile, habitual residence or place of employment of the customer is located. If the customer relocates his domicile, habitual residence or place of employment abroad after the conclusion of the contract, the aforementioned court remains responsible.
