TERMS & CONDITIONS
Scope of application
1.1 These General Terms and Conditions (hereinafter "GTC") of
Company name
Address
EMail: dee@destinysophia.com
​
shall apply to all contracts for the supply of goods and services which a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the latter's goods and services. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
A consumer is any natural person who enters into a transaction that is not part of the operation of his business. Entrepreneur in the sense 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 his commercial or independent professional activity. Stock corporations, limited liability companies, commercial cooperatives, mutual insurance associations, savings banks, European Economic Interest Groupings (EEIG), European Companies (SE) and European Cooperatives (SCE) are entrepreneurs by virtue of their legal form.
​
​
Conclusion of contract
​
2.1 The product descriptions contained in the Seller's online store do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
​
2.2 The Customer may submit the offer via the online order form integrated into the Seller's online store. In doing so, after placing the selected goods or services in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods or services contained in the shopping cart by clicking the button that concludes the ordering process. The customer may, if he is an entrepreneur, also submit his legally binding offer by email.
​
2.3 The seller can accept the offer of the customer within 5 days,
- by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the Customer shall be decisive, or
- by requesting payment from the customer after the order has been placed.
If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry of the 5th day following the sending of the offer. 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 shall no longer be bound by its declaration of intent.
If the customer selects a payment method during the online ordering process by clicking the button that concludes the ordering process and at the same time also gives a payment order to his payment service provider to transfer the money directly to the account of the seller, the seller declares, in deviation from section 2.3, already now the acceptance of the offer of the customer at the time when the money arrives at the account of the seller.
​
2.4 When submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail) after the Customer has sent his order.
If the Customer has set up a user account in the Seller's online store before sending his order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via his password-protected user account by providing the relevant login data.
​
2.5 Only the German language is available for the conclusion of the contract.
​
2.6 Order processing and contacting usually take place via e-mail and automated order processing. The Customer shall ensure that the e-mail address provided by it for order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the customer must ensure 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
​
3.1 Consumers residing in the EU are generally entitled to a right of withdrawal when concluding a distance contract.
A distance contract is a contract between the seller and a consumer concluded without the simultaneous physical presence of the seller and the consumer, using exclusively means of distance communication (fax, internet, telephone) up to and including the conclusion of the contract.
​
3.2 More detailed information on the right of withdrawal can be found in the Seller's withdrawal policy.
​
​
Prices and terms of payment
​
4.1 Unless otherwise stated in the Seller's product and service description, the prices quoted are total prices which include the statutory value added tax.
​
4.2 Company Name currently offers the following payment methods: Credit cards such as Visa, Mastercard, Discover, AMEX, Diners, CUP, JCB and Maestro and in addition you can also use Klarna Sofortzahlen as payment methods.
Credit Cards: Your credit card will be directly connected to our payment portal at check-out to process your payment. The credit card details are transmitted in a secure payment window.
​
Klarna Sofort: With SOFORT Überweisung you conveniently make a transfer for the respective amount into your online banking account while you are still placing your order. Andrea Harich will receive a real-time confirmation after the SOFORT Überweisung has been completed. Thus, the processing of the order can take place immediately
​
​
Retention of title
​
5.1 With respect to its customers, whether consumers or entrepreneurs, the Seller shall retain title to the goods provided until the purchase price owed has been paid in full.
​
​
Delivery and shipping conditions
​
6.1 Our offers are open to all customers with a residence or registered office in a member state of the European Union, the United Kingdom, the United States and Switzerland. Delivery will be made within the European Union, the United Kingdom, the United States and Switzerland.
​
6.2 The delivery of goods shall be made by shipping to the delivery address specified by the customer, unless otherwise agreed.
​
6.3 If the Customer is acting as an entrepreneur, the risk of loss of or damage to the goods sold shall pass to the Customer as soon as the Seller has delivered the goods to the forwarding agent, the carrier or the person or company otherwise designated to carry out the shipment. If the customer acts as a consumer, the risk shall pass to the consumer only as soon as the goods are delivered to the consumer or to a third party designated by the consumer and different from the carrier. If, however, the consumer has concluded the contract of carriage himself without making use of a choice proposed by the entrepreneur, the risk shall pass as soon as the goods are handed over to the carrier.
​
​
Warranty/Liability
​
The provisions of the statutory warranty shall apply.
If the customer acts as an entrepreneur, the following also applies:
- It justifies an insignificant defect in principle no warranty claims,
- The seller has the choice of how to remedy the defect.
- The limitation period does not start again if a replacement delivery is made under warranty.
- If the customer acts as an entrepreneur in the sense of the Austrian Commercial Code (UGB), he shall be subject to the commercial obligation to examine the goods and to give notice of defects pursuant to § 377 UGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.
​
Liability of the seller is excluded for slight negligence, unless it is personal injury. These liability provisions shall also apply with regard to the Seller's liability for its vicarious agents and legal representatives.
​
​
Place of Jurisdiction/Applicable Law
​
8.1 In the relationship with entrepreneurs, Austrian substantive law shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Insofar as this does not conflict with any mandatory statutory provisions, this shall also apply to customers who are consumers and who do not have a domicile or habitual residence in an EU Member State at the time of conclusion of the contract. In the case of consumers who are domiciled or habitually resident in an EU Member State at the time of conclusion of the contract, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is domiciled or habitually resident.
​
8.2 For consumers domiciled or habitually resident in a member state of the EU, the statutory places of jurisdiction shall apply. In the relationship with entrepreneurs, the factually competent court at the registered office of the Seller is agreed as the exclusively competent court. Insofar as this does not conflict with any mandatory statutory provisions, this shall also apply to customers who are consumers and who do not have a domicile or habitual residence in an EU member state at the time of conclusion of the contract.
​
​
Alternative Dispute Resolution
​
9.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr.
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
​