Terms and conditions

Table of Contents

Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Warranty)
Redemption of Promotional Vouchers
Redemption of Gift Vouchers
Applicable Law
Alternative Dispute Resolution

Scope of Application
1.1 These General Terms and Conditions (hereinafter “GTC”) of Mel Weisweiler, trading as “Atelier Mel Weisweiler” (hereinafter “Seller”), apply to all contracts for the supply of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller regarding the goods presented by the Seller in their online shop. The inclusion of the Customer’s own terms is hereby rejected unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the supply of vouchers, unless otherwise regulated for such cases.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their trade, business, or profession.

Conclusion of Contract
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers by the Seller but serve as an invitation for the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer for the goods in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Seller may accept the Customer’s offer within five days by:

sending the Customer a written order confirmation or an order confirmation in text form (fax or e‑mail), whereby receipt of the order confirmation by the Customer is decisive; or
delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive; or
requesting payment from the Customer after the Customer has placed the order.
If several of the above alternatives apply, the contract is concluded at the time when one of the above alternatives occurs first. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L‑2449 Luxembourg (“PayPal”), subject to the PayPal User Agreement available at https://www.paypal.com/de/legalhub/paypal/useragreement-full ↗ or—if the Customer does not have a PayPal account—subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full ↗. If the Customer pays using a PayPal payment method selectable during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer clicks the button that concludes the ordering process.

2.5 When an offer is submitted via the Seller’s online order form, the contract text is stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g. e‑mail, fax, or letter) after the Customer has submitted their order. The Seller does not make the contract text otherwise accessible. If the Customer has created a user account in the Seller’s online shop prior to submitting their order, the order data will be archived on the Seller’s website and can be accessed by the Customer free of charge via their password‑protected user account using the corresponding login data.

2.6 Before submitting the order bindingly via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors may be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.7 Different languages are available for concluding the contract. The specific language selection is displayed in the online shop.

2.8 Order processing and contact generally take place by e‑mail and automated order handling. The Customer must ensure that the e‑mail address provided for order processing is correct so that e‑mails sent by the Seller can be received at this address. In particular, the Customer must ensure that, when using spam filters, all e‑mails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered.

Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.

3.2 Further information regarding the right of withdrawal can be found in the Seller’s withdrawal policy.

3.3 The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, do not belong to a Member State of the European Union and whose sole residence and delivery address at the time of conclusion of the contract are outside the European Union.

Prices and Payment Terms
4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices including statutory value‑added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases that are not the responsibility of the Seller and must be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs). Such costs may also be incurred with regard to the transfer of money if the delivery does not take place to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3 The available payment method(s) will be communicated to the Customer in the Seller’s online shop.

Delivery and Shipping Conditions
5.1 If the Seller offers shipping of the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. For the processing of the transaction, the delivery address specified in the Seller’s order processing is decisive.

5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs for the initial shipment if the Customer effectively exercises their right of withdrawal. With respect to return shipping costs, the regulation in the Seller’s withdrawal policy applies in the event of effective exercise of the right of withdrawal by the Customer.

5.3 If the Customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller hands the item over to the carrier, freight forwarder, or other person or institution designated to carry out the shipment. If the Customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the Customer only upon delivery of the goods to the Customer or a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods already passes to consumers when the Seller delivers the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment if the Customer has commissioned that person or institution to carry out the shipment and the Seller has not previously named that person or institution to the Customer.

5.4 Self‑collection is not possible for logistical reasons.

5.5 Vouchers are provided to the Customer as follows:

by download
by e‑mail

Retention of Title
If the Seller performs in advance, they retain title to the delivered goods until full payment of the purchase price owed has been made.
Liability for Defects (Warranty)
Unless otherwise stipulated in the following provisions, the statutory provisions on liability for defects apply. By way of deviation, the following applies to contracts for the supply of goods:

7.1 If the Customer is an entrepreneur:

the Seller has the choice of the type of subsequent performance;
for new goods, the limitation period for defect rights is one year from delivery of the goods;
defect rights are excluded for used goods;
the limitation period does not restart if a replacement delivery is made under liability for defects.

7.2 The limitation and shortening of periods set out above do not apply:

to the Customer’s claims for damages and reimbursement of expenses;
in the event that the Seller has fraudulently concealed the defect;
to goods which, in accordance with their normal use, have been used for a building and have caused its defectiveness;
to any obligation of the Seller to provide updates for digital products in contracts for the supply of goods with digital elements.

7.3 In addition, for entrepreneurs, the statutory limitation periods for any statutory recourse claims remain unaffected.

7.4 If the Customer is a consumer, they are requested to report delivered goods with obvious transport damage to the carrier and inform the Seller thereof. Failure to do so has no effect on the Customer’s statutory or contractual claims for defects.

Redemption of Promotional Vouchers
8.1 Vouchers issued by the Seller free of charge as part of promotional campaigns with a certain validity period and which cannot be purchased by the Customer (hereinafter “Promotional Vouchers”) can only be redeemed in the Seller’s online shop and only within the specified period.

8.2 Promotional Vouchers can only be redeemed by consumers.

8.3 Individual products may be excluded from the voucher campaign if such a restriction results from the content of the Promotional Voucher.

8.4 Promotional Vouchers can only be redeemed before completing the ordering process. Retroactive offsetting is not possible.

8.5 Only one Promotional Voucher can be redeemed per order.

8.6 The value of the goods must be at least equal to the amount of the Promotional Voucher. Any remaining credit will not be refunded by the Seller.

8.7 If the value of the Promotional Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

8.8 Credit from a Promotional Voucher is neither paid out in cash nor bears interest.

8.9 The Promotional Voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the Promotional Voucher under their statutory right of withdrawal.

8.10 The Promotional Voucher is transferable. The Seller may perform with discharging effect to the respective holder who redeems the Promotional Voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the lack of authorization, incapacity, or lack of representation of the respective holder.

Redemption of Gift Vouchers
9.1 Vouchers that can be purchased via the Seller’s online shop (hereinafter “Gift Vouchers”) can only be redeemed in the Seller’s online shop unless otherwise stated on the voucher.

9.2 Gift Vouchers and remaining balances of Gift Vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining balances are credited to the Customer until the expiry date.

9.3 Gift Vouchers can only be redeemed before completing the ordering process. Retroactive offsetting is not possible.

9.4 Only one Gift Voucher can be redeemed per order.

9.5 Gift Vouchers can only be used to purchase goods, not to purchase additional Gift Vouchers.

9.6 If the value of the Gift Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

9.7 Credit from a Gift Voucher is neither paid out in cash nor bears interest.

9.8 The Gift Voucher is transferable. The Seller may perform with discharging effect to the respective holder who redeems the Gift Voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the lack of authorization, incapacity, or lack of representation of the respective holder.

Applicable Law
All legal relationships of the parties are governed by the law of the Republic of Austria, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.