AGBs

1. GENERAL / SCOPE OF APPLICATION

These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all contracts concluded via the online store www.casarista.com between Casarista GmbH and customers. Unless expressly agreed in writing, deviating terms and conditions do not apply.
Customers within the meaning of these terms and conditions are both consumers and entrepreneurs. For the purposes of the following provisions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

2. CONTRACTUAL PARTNER

The contractual partner for all orders from the online store www.casarista.com is Casarista GmbH
Kaiserfeldgasse 5, A-8010 Graz
FN: 533523v / UID: ATU75561009
Tel: +43 (0)316 367111
Mail: office@casarista.com

3. CONTRACTUAL PARTNER

• 3.1

  The product presentation on the website does not constitute an offer in the legal sense. It is an invitation to the customer to submit an offer himself. The customer submits the offer in the legal sense by placing the order.

• 3.2

  Upon receipt of the order, Casarista GmbH will send a notification e-mail to the e-mail address provided by the customer in which the receipt of the order is confirmed and its content is reproduced (“order confirmation”). The purchase contract is concluded with this order confirmation. If Casarista GmbH rejects the conclusion of the contract, the customer will be informed immediately by e-mail.

• 3.3

  The desired item can be configured when ordering online. The order process is started by clicking on the “Order now” button. During the ordering process, the customer enters all the necessary data. For payment, the customer is redirected to the external website of the respective payment service provider. Before the order is submitted, the data relevant to the order is summarized in an “order overview”. The customer is free to check their details in the order overview again and correct them if necessary before sending their order to Casarista GmbH by clicking on the “Pay now” button. By clicking on the “Pay now” button, the customer submits a binding offer to purchase the goods selected by them.

4. STORAGE OF THE CONTRACT TEXT

The text of the contract, i.e. the customer’s details relating to the order process, is stored by Casarista GmbH. The order data and a link to these GTC will also be sent to the customer by email.

5. PRICES AND SHIPPING COSTS

• 5.1

  All prices quoted are total prices and include the statutory value added tax (VAT).

• 5.2

  Shipping costs within Austria, Germany and Switzerland are also included in the price quoted, with the exception of island deliveries and deliveries to car-free zones in Switzerland.

6. TERMS OF PAYMENT

• 6.1

  The payment methods available to the customer are shown under a correspondingly labeled button on the website or during the ordering process.

• 6.2

  Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

7. TERMS OF DELIVERY

• 7.1

  Casarista GmbH delivers exclusively to delivery addresses in Austria, Germany and Switzerland.

• 7.2

  Delivery will be made to the desired place of use if this can be accomplished with two men without any special effort. Otherwise the goods will only be carried as far as can be carried by two people. The decision as to whether the goods can be carried is the responsibility of the forwarder on site.

• 7.3

  Casarista GmbH must be informed in advance of any foreseeable difficulties for the customer (e.g. no parking zones, narrow stairwell, no elevator available from the 3rd floor, etc.). Deliveries from the 4th floor without an elevator will not be accepted.

• 7.4

  The expected delivery time or the expected delivery date is stated directly with the order. Casarista GmbH will inform you immediately of any delays in delivery.

8. RESERVATION OF TITLE

The delivered goods remain the property of Casarista GmbH until full payment has been received.

9. REVOCATION INSTRUCTION

Casarista GmbH only concludes contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer. Therefore, there is no right of withdrawal within the meaning of the FAGG (Distance and Off-Premises Selling Act).

10. 30 DAYS RIGHT OF RETURN

• 10.1

  Casarista GmbH grants the customer the right to return the goods within 30 days. This does not apply to additional products such as neck supports, cushion sets or stool supports.

• 10.2

  The period for this right of return begins on the day on which the customer or a third party named by the customer, who is not the carrier, has taken possession of the last goods. Timely dispatch of the goods is sufficient to meet the deadline.

• 10.3

  The goods must be returned to the following address: Casarista GmbH, Kaiserfeldgasse 5, 8010 Graz

• 10.4

  The goods shall be returned at the customer’s expense and risk, whereby the goods must be carefully packaged, complete and undamaged for return transportation.

• 10.5

  If collection is booked via Casarista GmbH, the customer will be charged the costs of €200. In this case, Casarista GmbH bears the risk of return transportation.

• 10.6

  Casarista GmbH will refund the payments it has received from the customer within 14 days of the day on which the goods were received by Casarista GmbH at the latest. The same means of payment that was used for the original transaction will be used for these refunds, unless expressly agreed otherwise.

• 10.7

  The 30-day right of return does not limit the customer’s rights in the event of defects.

• 10.8

  It is only possible to change or cancel the order before the start of production. After that, the customer will be charged a cancellation fee of €200.

11. WARRANTY

• 11.1

  Unless otherwise specified, the general provisions shall apply.

• 11.2

  The warranty is excluded in the event of defects caused by the customer. This is particularly the case in the event of improper handling, incorrect operation or unauthorized repair attempts.

12. guarantee

• 12.1

  Casarista GmbH grants the customer a voluntary 5-year guarantee if the customer is an end user. This guarantees that the goods are free from material and manufacturing defects in accordance with the assessment criteria for industrially manufactured furniture.

• 12.2

  The statutory warranty rights of the buyer are not affected by this guarantee.

• 12.3

  After clarification of responsibility and liability, a claim for warranty service only exists for the defective item, not for the entire scope of delivery.
  In the event of a warranty claim, the guarantor shall, at its own discretion, repair the goods within a reasonable period of time or replace them in whole or in part. The warranty period of 5 years is neither suspended nor interrupted by the provision of services. The guarantee period is therefore not extended and does not begin anew, which is why it ends 5 years after delivery.

• 12.4

  The five-year warranty begins when the goods are handed over to the buyer. It applies to end users, is non-transferable and extends geographically to the country in which the goods were handed over to the buyer. The guarantee ends 5 years after the date of delivery to the end user.

• 12.5

  This warranty does not cover:
  – Normal and natural signs of wear and tear
  – Signs of wear and tear, normal wear and tear and signs of use resulting from normal use.
  – Damage incurred by the buyer due to normal and natural wear and tear.
  – Unusual use outside the private living area
  – Unusual exposure to heat, moisture, light and temperature.
  – Normal changes in hardness and natural softening of foams due to use or external influences.
  – Incidental costs, installation and removal costs and expenses that do not constitute direct damage to the goods sold.
  – Damage caused by external influences, such as cuts, scratches, water / fire damage, etc.
  – Damage caused by impregnation and care products not recommended by the manufacturer as well as unsuitable cleaning, repair or reworking attempts
  – soiling and staining as well as discoloration, cuts and stains of any kind that did not already exist at the time of delivery and were complained about within a reasonable period of time. (This includes, in particular, stains caused by pets, heat sources, weather, perspiration, personal hygiene products, medication, etc.)

13. EXCLUSION OF LIABILITY

• 13.1

  Claims for damages by the customer against Casarista GmbH are excluded unless Casarista GmbH or its vicarious agents have acted with intent or gross negligence.

• 13.2

  This does not affect liability for damages resulting from injury to life, limb and health, negligent or intentional breach of essential contractual obligations or insofar as liability is mandatory under the Product Liability Act or due to culpa in contrahendo or other breaches of duty or tortious claims for compensation for property damage. Essential contractual obligations are obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer may regularly rely.

14. AMENDMENT OF THE GENERAL TERMS AND CONDITIONS

We are entitled to amend these General Terms and Conditions unilaterally if this is necessary to eliminate any subsequent equivalence problems or to adapt to changes in the legal or technical framework. We shall inform the customer of any amendment by sending notification of the content of the amended provisions to the customer’s last known e-mail address. The amendment shall become part of the contract if the customer does not object to its inclusion in the contractual relationship in writing or text form within six weeks of receipt of the notification of amendment.

15. SEVERABILITY CLAUSE

Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.

16. CONTRACTUAL LANGUAGE

The language available for the conclusion of the contract is German.

17. CONTRACT LAW / PLACE OF JURISDICTION

The contractual relationship shall be governed by Austrian law. The place of jurisdiction for all disputes is – if permissible – the competent court in Graz.