Cart 0

Terms & Conditions

General terms & conditions „ONLINE-SHOP“ of the ICHIGO Design e.U., Weimarer Straße 66, 1180 Vienna, office@ichigovienna.com (herinafter referred to as “Seller”)

Preamble
To the extent that designations relating to natural persons are only mentioned in the masculine form in this contract, they refer to women and men in the same way. When applying the designation to certain natural persons, the gender-specific form must be used.

I. General Provisions

1.         Scope of the General Terms and Conditions

  • The following General Terms and Conditions (GTC) apply to all business relationships be-tween the “Customer” on the one hand and the “Seller” on the other hand arising from the purchase of goods or vouchers (“Products”) via the Seller’s online shop.
  • The version of the GTC valid at the time of conclusion of the contract shall apply.
  • Deviating, conflicting or supplementary general terms and conditions do not become part of the contract, even if they are known, unless the Seller has expressly agreed to their validity in writing.
  • The Seller hereby expressly contradicts the terms and conditions of the Customer.
  • Changes to the T&Cs will be notified to the Customer and shall be deemed to have been agreed upon if the Customer does not object to the amended T&Cs in writing within 14 days; the Customer will be expressly informed that the silence does constitute an approval in the notification.
 

2.        Information obligations

In accordance with § 5a (1) of the Austrian Consumer Protection Act (KSchG) and § 4 (1) of the Austrian Distance and Off-Premises Transactions Act (FAGG), the Seller provides the customer with the following information, insofar as this is already possible within the framework of the GTC:

  • Essential characteristics of the products: can be found in the product-specific descriptions in the online shop.
  • Contractual partner (if no third-party provider is identified): the Seller, contact details see above
  • Total price/costs: The prices quoted include all taxes and duties as well as (unless otherwise stated) the delivery costs.  Custom fees are not part of the price.
  • Costs for distance communication: Customer’s normal rate (no value-added rates).
  • Payment terms: Credit card, Debit card, PayPal, purchase on account
  • Delivery conditions products: by post or delivery service.
  • Right of withdrawal products: see cancellation policy.
  • Warranty law: according to § 922 et seq. ABGB

 

3.      Conclusion of Contract / Execution of Contract

  • The Seller invites customers to make an offer to purchase products by making their websites available; this invitation is subject to change and non-binding.
  • The order is open to natural persons who must be at least 18 years old at the time of concluding the contract. Minors must be represented by their legal representatives.
  • By placing an order, the Customer declares his contractual offer bindingly. In the case of an order placed electronically, the Seller will immediately confirm receipt. The confirmation of receipt does not yet constitute a binding acceptance of the order.
  • The Seller is entitled to accept the contract offer (= order of the customer) expressly by handing over/sending the goods or the order confirmation .
  • Depending on whichever occurs first, the contract for the purchase of products is legally valid with the sending of the order confirmation or with the delivery of the goods.
  • The Seller is entitled to refuse to accept the order or limit the order to a normal quantity.
  • The applicable delivery times can be seen directly in the webshop for the respective product.
  • In the event of delays due to force majeure (such as natural disasters, official measures or epidemics) or due to delivery difficulties on the part of suppliers, the Customer will be informed immediately. In these cases, the delivery period is extended by the period of the hindrance.
 

4.      Right of revocation or withdrawal

  • Insofar as the customer is a consumer within the meaning of the Consumer Protection Act or a consumer within the meaning of the FAGG, he is legally entitled to withdraw from a contract concluded at a distance within fourteen (14) days without giving reasons in accordance with § 3 KSchG and § 11 para. 1 FAGG. The elements explained in the following points are summarised again in Annex A in the cancellation policy in accordance with § 4 para 1 no. 8 FAGG.
  • In order to exercise the right of withdrawal, the Customer must inform the Seller of the decision to withdraw from the contract by means of an unequivocal statement (e.g. a letter sent by post or e-mail). The model withdrawal form can be used for this purpose, but it is not mandatory.
  • The declaration of revocation can be sent either by letter sent by post or by e-mail to the Seller ICHIGO Design e.U., Weimarer Straße 66, 1180 Vienna, office@ichigovienna.com.
  • Consequences of withdrawal: If the Customer withdraws from the contract, all payments received, including delivery costs (except for the additional costs resulting from the choice of a type of delivery other than the cheapest standard delivery offered by the Seller), will be refunded without undue delay and at the latest within fourteen days from the day on which the notice of withdrawal from the contract was received by the Seller. The same means of payment used for the original transaction will be used for the refund, unless expressly agreed otherwise.
  • Return of the goods: The goods must be returned or handed over to the Seller without undue delay, but no later than fourteen days from the day on which the withdrawal was communicated. The deadline is met if the goods are sent before the deadline. The direct costs of the return shipment are borne by the customer.
  • We may withhold reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
  • Exclusion of the right of withdrawal: The right of withdrawal does not apply to goods that have been manufactured according to Customer specifications or are clearly tailored to personal needs.

5.        Complaint

  • Without prejudice to the right of revocation and any warranty rights, the Seller asks the Customer to complain to the delivery person about delivered goods with obvious transport damage and to inform the Seller of this immediately.

6.      Terms of payment

  • The prices listed in the webshop are in EUR.
  • Unless otherwise agreed, the Customer is obliged to pay the agreed fee immediately via the payment solutions used, but no later than within 14 days.
  • As soon as and as long as the Customer is in default with one or more payments, the Seller is entitled to stop further deliveries until full payment has been made; the Customer’s obligation to pay remains valid in this case.
  • The statutory default interest applies. In the event of a delay in payment, the Seller is entitled to charge a maximum of € 25.00 per reminder and to hand over the matter to a collection agency or a lawyer for further collection. The corresponding costs of this external operation are also to be reimbursed by the customer.
  • If the Seller has granted instalment or partial payment options, a loss of deadline shall be deemed to have been agreed and, in the event of default of payment, he shall be entitled to make all outstanding amounts due to the Customer after a written reminder setting a grace period
 

7.      Ownership

  • The Seller reserves the right of ownership of the delivered goods until full payment has been made.
 

8.      Warranty / Liability

  • The Seller provides a warranty for contracts for pecuniary interest in accordance with the provisions of §§ 922 et seq. of the Austrian Civil Code.
  • There is no warranty obligation for services provided free of charge by the Seller.
  • The liability of the Seller and that of its organs, employees, contractors or other vicarious agents (“people”) is basically limited to intent or gross negligence; liability for slight negligence is excluded. This disclaimer does not apply to personal injury and damage to property that the Seller has taken over for processing. Insofar as liability is excluded or limited, this also applies to the personal liability of his employees.
  • In particular, any liability of the Seller for the existence of delivery obstacles in the area of suppliers or manufacturers, even in the event of withdrawal from the contract, is expressly excluded.
  • Insofar as the Seller enables access to online services of third parties on its website or in its webshop (“Platform”) by means of links, it is not responsible for the third-party content contained therein. The Seller does not adopt the linked content as his own.

9.        Final provisions

  • For all disputes arising in connection with the present contract, including the pre- and aftermath, the exclusive jurisdiction of the court with jurisdiction over the subject matter at the seller’s registered office is agreed. The place of performance is at the Seller’s registered office.
  • If the customer is a consumer within the meaning of the Consumer Protection Act, the place of jurisdiction for actions by the seller against the Customer shall only be deemed to have been agreed if the latter has his domicile or habitual residence in the judicial district of Vienna at the time of conclusion of the contract or pursues his employment there.
  • Substantive Austrian law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the reference provisions.
  • Should individual provisions of this contract be or become invalid in whole or in part, or should there be a gap in the contract, this shall not affect the validity of the remaining provisions.
  • Changes and additions to the contract must be made in writing. This also applies to a deviation from the written form requirement. Sending by e-mail corresponds to the written form, this also applies to clicking on a corresponding button.
  • We are obliged to provide information about the possibility of alternative dispute resolution for consumers. Unless we are legally obliged, we will not participate in such proceedings. For contracts concluded on the Internet, consumers can contact the Internet Ombudsman’s Office: https://www.ombudsstelle.at.
 

II. Special provisions

10.      Liability for defects in glassware

  • Exclusion of liability for defects in the event of improper use and production-related deviations:
    Warranty claims by the Customer are excluded if any defect is due to improper handling or non-compliance with instructions and recommendations of the Seller. This applies in particular to information on the proper use, storage or cleaning of the product as well as generally accepted standards for the handling of comparable products.
    In the case of glassware, there may be slight deviations within a product series due to manufacturing or material-related conditions – for example, in terms of dimensions, weight, shape (ovality) or vertical alignment according to the technical drawing. These discrepancies are beyond the Seller’s control and are not considered a defect. The same applies to differences in handmade products or handcrafted components, especially in terms of size, shape or finish, compared to previous deliveries of the same product. Such deviations do not entitle the holder to assert warranty claims.
 

 

Appendix A – Cancellation policy in accordance with § 4 para 1 no. 8 FAGG

You have the right to withdraw from this contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the day the goods are sent. 

In order to exercise your right of withdrawal, you must inform the seller of your decision to withdraw from this contract by means of a clear statement. You can use the model withdrawal form for this, but it is not mandatory.

The declaration of revocation can be sent either by letter sent by post or by e-mail to the seller ICHIGO Design e.U., Weimarer Straße 66, 1180 Wien, office@ichigovienna.com übermittelt werden.

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

CONSEQUENCES OF REVOCATION

If you withdraw from this contract, we shall reimburse you all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you; in no case will you be charged any fees for this repayment. We may withhold reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. 

You must return or hand over the goods received to us without undue delay and in any case no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the fourteen day period.


As of September 2, 2025