GENERAL TERMS OF CONDITION
Commencement clause
The following terms and conditions apply to all contracts, deliveries and other services made by the company Rose Gesellschaft m. b. H. with its customers. The business relationship between Rose Gesellschaft mbH with its customers is governed by Austrian law excluding UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction is Vienna, as long as the customer is an entrepreneur or a legal entity under public law or special fund under public law.
1. Conclusion of contract
The depiction of items in the online store does not constitute a legally-binding offer, but rather a legally non-binding online catalogue. By clicking on „Submit order“ a binding offer for the order of all items in the shopping bag is submitted. The confirmation of the received order takes place together with the acceptance of the order, along with the terms and conditions immediately after clicking, by an automated email.
2. Delivery and Payment
All prices are retail prices in euros and include the legally valid VAT. The ordered goods will be delivered to the address specified by the customer, as long as this has not been otherwise contractually agreed. Special shipping forms desired by the customer will be charged with the customary surcharge. In collaboration with Klarna we offer you purchase on account as a payment method. When paying with Klarna, you never have to enter your account information, and payment will only take place after you have received the goods. Delivery to a different address than the billing address is not possible when paying with Klarna.
Purchase on account
In collaboration with Klarna we offer you purchase on account as a payment method. When paying with Klarna, you never have to enter your account information, and payment will only take place after you have received the goods. Delivery to a different address than the billing address is not possible when paying with Klarna. We ask for your understanding in this matter. Klarna account When purchasing on account with Klarna you will always receive the goods first and then have 14 days to transfer the amount. Further information and Klarna’s complete terms and conditions for purchasing on account can be found here:
In Austria: https://online.klarna.com/villkor_at.yaws?eid=17767&charge=0
In Germany: https://online.klarna.com/villkor_de.yaws?eid=17767&charge=0
For further information about Klarna visit:www.klarna.de or www.klarna.at
Klarna AB Company and corporation-number: 556737-0431
3. Delivery time
The company Rose Gesellschaft mbH will ship goods that are in stock within 4-5 working days. In case the goods are not in stock when the order is placed, the company Rose Gesellschaft mbH will endeavour to arrange the fastest possible delivery. In case of non-compliance with the delivery or service period due to an act of nature, industrial conflict, unpredictable obstacles, or other circumstances beyond our control, the time period will be extended appropriately.
The company Rose Gesellschaft mbH reserves the right to absolve itself from the completion of the contract, if the goods have been delivered by a courier on the date of delivery and the receipt of the goods did not occur entirely or in part. Failure of suppliers to honour obligations only applies when the company Rose Gesellschaft mbH is not responsible for the delivery not taking place.
The company Rose Gesellschaft mbH is not responsible for the failure of this obligation, as long as there has been a timely completion of a congruent covering transaction made with the supplier to cover the compliance of the contract. If the goods are not delivered the company Rose Gesellschaft mbH will inform the customer about this as soon as possible and will refund the retail price.
4. Cancellation right
You have the right to cancel your contract within 14 days without giving reasons. The cancellation period of 14 days starts from the day on which you or a trusted third party, that is not the carrier, received the last item or items. In order to use your right of withdrawal you have to inform us (Rose Gesellschaft mbH, Modecenterstraße 22/A4, A-1030 Vienna, Tel.: +43/1/798 93 48, info@jones- fashion.com) via a clear declaration (e.g. a letter, telefax or email) about your decision to cancel your contract. You may use our standard withdrawal form template for this, which is attached, this is, however, not compulsory. To adhere to the cancellation period, it is sufficient to send the declaration, exercising your right of withdrawal, before the end of the cancellation period.
Consequences for cancellation
If you cancel your contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs, that arise due to a different form of delivery being used other than the standard delivery offered by us), no later than 14 days from the day we received your declaration of cancellation. We will use the same payment method that you used for the original transaction, unless something else has been formally agreed upon with you; on no account will you have to pay charges on this refund. We have the right to withhold the refund until we have received the goods or until you have delivered proof that you have sent the goods back to us, depending on which happens first. You must send back or return the goods to us, immediately and in any case within 14 days from the day you informed us about the cancellation. The cancellation period will be maintained, if you send the goods back before the period of 14 days has passed. We will bear the delivery costs of the return of the goods. You will only have to compensate for a possible loss of value of the goods, if this loss of value, based on testing the condition, features and functionality of the goods, is attributable to a dispensable handling by you.
Cancellation form
Rose Gesellschaft mbH
c/o Jones Onlinestore
Modecenterstraße 22/A4
A-1030 Vienna
E-Mail: service@jones-fashion.com
If you would like to cancel your contract, please fill out this form and send it back to us
1) (Itemnumber):
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Orderd on:
Received on:
Name of user:
Adress of user:
Signature of user (only required on paper or hard copy) and date:
5. Reservation of proprietary rights, right to offset and right of retention
The delivered goods remain the property of the company Rose Gesellschaft mbH until all the claims of the contract have been met; this is also the case if the customer is a legal entity under public law, special fund under public law, or an entrepreneur exercising his/her own commercial or independent professional career. Further, this also applies to ongoing business relationships until the settlement of all claims, which the company Rose Gesellschaft mbH has in relation to the contract. The customer only has the right to offset, if his/her counterclaims are recognized by the company Rose Gesellschaft mbH or are legally valid. The customer is only entitled to exercise his/her right to retention, if the counterclaim is based on the same contractual relationship.
6. Warranty
(1) Insofar as there are defects e.g. production faults or damages, the customer has legal warranty rights after stipulation of the following terms. The dislike of a product is not a defect that would entitle the customer’s claim of the warranty. In this case, the warranty will not be given by the company Rose Gesellschaft mbH.
(2) The customer can only claim a defect for delivered goods, shortfalls in quantity, or wrong delivery when the claim is made within the legal warranty of 2 years to the company Rose Gesellschaft mbH. If only entrepreneurs are involved in the contract § 377 of Austrian Commercial Code (“UGB”) applies. When defects are present and have been claimed in a timely manner, the company Rose Gesellschaft mbH is entitled to provide an improvement or a replacement. In case the improvement or replacement fails, the customer is entitled to reduce the retail price or withdraw from the contract. In all other respects concerning the warranty, the statutory provisions apply.
7. Liability
(1) The company Rose Gesellschaft mbH is liable for intent or gross negligence. There is no liability for slight negligence.
(2)Limitation of liability of the previous section does not apply to injuries of life, body, and health, to a defect caused by acceptance of a guarantee of quality and to maliciously concealed defects. The liability according to the product liability law will remain unaffected.
(3) In case liability of the company Rose Gesellschaft mbH is excluded or restricted, this also applies to the personal liability of its employees, representatives and vicarious agents.
8. Data storage and data protection
The customer understands and agrees that in order to process the order, required personal data will be saved onto secure servers by the company Rose Gesellschaft m. b. H. The customer explicitly agrees to the inquiry, processing and usage of the customers’ own personal data. The saved personal data will of course be treated confidentially by the company Rose Gesellschaft mbH*. The inquiry, processing and usage of personal data of the customer occur in accordance to our privacy policy and to the data protection act 2018. The customer has the right to cancel his/her consent with future effect at any time. In this case the company Rose Gesellschaft mbH is obligated to immediately erase the personal data of the customer. In case this happens during an active ordering process, the data will be erased after the completion of the ordering process.