Terms of use
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The Terms of use in english are just a translation of the german language and are here to help you understand all terms of the contract. Therefore the AGB in german are the valid ones in terms of juridiction.
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1. Validity
1.a. For the business relations between TUKOA e.U, owner: Turquoise Maisonneuve M.Sc. and the customer are exclusively subject to the following general terms and conditions in the version valid at the time of the order.
1.b You can reach us for questions and complaints on weekdays from 10 a.m. to 4 p.m. on the telephone number +43 650 611 6839 or by e-mail at contact@tukoa.com.
2. Offers/conclusion of contract
2.a. Offers are only given in writing; the creation of an offer does not oblige us to accept an order. Cost estimates are an estimate based on the material costs and the working hours. The final price can vary up to a maximum of 15%.
2 B. A contract is concluded with the written order confirmation or with the delivery of the goods ordered or commissioned. Emails are equivalent to written contracts.
2.c In the case of individually made pieces of jewellery, it should be noted that the designs drawn at the time of the offer and the finished piece of jewelry may have minimal deviations in colour, dimensions and design.
2.d For online orders, the order confirmation by e-mail only serves as information that we have received the order. The contract is concluded when the order confirmation is sent.
3. Prices/Deposits
3.a. Unless otherwise expressly stated, all prices quoted by us include statutory sales tax. We reserve the right to adjust the price if the specifications of the piece of jewellery stated in the contract are deviated from due to a change asked by the customer. If the costs necessary to provide the service, such as those for materials and working time to adapt the piece of jewellery, we are entitled to increase the price accordingly. The final price can vary up to a maximum of 15%.
3.b. The agreed service will only be provided after a down payment has been made. The amount of the deposit is agreed between us and the customer and is at least 50% of the final price. Should the order be cancelled, the deposit will be refunded, taking into account the material and hours already processed.
4. Terms of Payment
4.a. In the absence of any agreement to the contrary, our claims are to be paid in cash upon delivery of the goods. In the case of goods specially manufactured for the customer, the service can also be paid for by bank transfer within 7 days after delivery.
4.b. Discount deductions require a separate agreement. In the event of a delay in payment, any discount agreements shall become ineffective.
4.c. If the customer is culpable in default of payment, we are entitled to demand compensation for the damage actually incurred and to charge the statutory default interest, but at least 4% from the due date per order.
4.d. For online orders, the payment methods credit card and instant transfer can be used. The goods will be shipped as soon as we have received the payment.
5. Return
5.a. Jewellery that is made to customer specifications or that is clearly tailored to personal needs cannot be returned.
5.b. All other jewelry can be returned within 14 days. The goods must be returned in their original condition and with the original packaging. We reserve the right to check and, if signs of use are found, to deduct appropriate compensation when refunding the purchase price.
5.c. In order to exercise your right of withdrawal, you must send us (TUKOA e.U, Turquoise Maisonneuve M.Sc., Brückengasse 14/3, 1060 Vienna Tel: 0043 650 611 6839, Email: contact@tukoa.com) a clear statement of your decision to withdraw this to revoke the contract. For the repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you. We will only make the repayment after receipt and inspection of the returned goods. You bear the direct cost and responsibility of returning the goods.
6. Reminder and Collection Fees
In the case of unpaid orders, the customer undertakes to reimburse the dunning and collection fees incurred by us, insofar as they are necessary for appropriate legal prosecution.
7. Delivery
7.a. Our prices do not include delivery costs. Upon request, we can arrange for the goods to be delivered for a separate fee. The actual costs incurred for transport and delivery, together with an appropriate processing cost surcharge, will be charged.
7.b. The following terms of delivery apply in the online shop: once the order has been received, your package is ready for collection or dispatch within one working day. The package can be picked up in the studio free of charge. Otherwise we offer three shipping methods. For standard shipping to Austria, a flat-rate shipping cost of €5 will be charged (delivery within 2-3 days): For EMS shipping to Austria, a flat-rate shipping cost of €12 will be charged (delivery on the next working day if we receive the order by 12 p.m.). For standard shipping within Europe, a flat rate shipping cost of €18 will be charged (delivery within 5 to 10 days). The delivery takes place with the Austrian Post AG.
If delivered items show obvious transport damage, please report such errors to us immediately.
8. Dates and Deadlines
8.a. The dates and deadlines are agreed in writing with the customer.
8.b. Delivery periods begin after receipt of all documents required for the execution of the order, if necessary, provision of materials and agreed down payments.
8.c. If the seller is responsible for a delay in delivery, the customer can either demand performance or withdraw from the contract by setting a reasonable deadline. In the case of custom-made products, when determining the grace period, it must be taken into account that the seller may not be able to use parts that have already been processed elsewhere.
9. Warranty
9.a. We guarantee that our products are free from manufacturing and material defects. The warranty period is 2 years and begins when the jewelry is handed over.
9.b. Defective products will be repaired within a reasonable period of time. Products that cannot be repaired will be taken back and refunded.
10. Damages
10.a. Liability for damage to property is excluded for slight negligence.
10.b. The above limitations of liability do not apply to personal injury. An allergy to metal or other materials must be announced before the contract is concluded. Liability under the Product Liability Act remains unaffected.
11. Property of the goods
All goods are delivered by us under retention of title and remain our property until full payment.
12. Place of Performance/Choice of Law/Jurisdiction
The place of jurisdiction and place of performance is the registered office of the seller. The law of the Republic of Austria applies. The contract language is basically German. At the customer's request, contracts can also be drawn up in English or French.
13. Privacy Policy
13.a. The seller processes the customer's personal data for a specific purpose and in accordance with the statutory provisions.
13.b. The personal data collected during the order (such as name, e-mail address, address, telephone number, date of birth) are used by the seller to fulfill and process the contract. This data will be treated confidentially and will not be passed on to third parties.
13.c. The customer has the right to request information free of charge about the personal data that the seller has stored about him. In addition, he has the right to correct incorrect data, blocking and deletion of his personal data, provided there is no legal obligation to retain it.
13.d. Further information on the type, scope, location and purpose of the collection, processing and use of the required personal data by the seller can be found in the data protection declaration.
14. Copyright
14.a. Sketches, drawings or other documents as well as designs, catalogues, brochures, illustrations and alike always remain our intellectual property.
14.b. All texts, graphics and the design of our website are for the sole purpose of providing our customers with personal information and are protected by copyright.
Created on August 10, 2016 in Vienna.
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