Terms and Conditions (T&C)
1 General
1.1
These terms and conditions (the "Terms and Conditions") apply when you as a consumer (the "Customer") place an order through www.chimba-store.com and all related pages (the "Website"). The contract is a contract between you and the
Company name: CHIMBA-STORE eU
Owner: Deniz Güclü
Zelda-Kaplan-Weg 43/5
1100 Vienna
Commercial register court: Vienna Commercial Court
Commercial register number: FN 568252 s
In the following briefly “CHIMBA-STORE”. The general terms and conditions apply to customers who are consumers.
1.2
Orders may only be placed by customers who are legally considered to have full legal capacity. These are typically sane people over the age of 18 as well as all other people who have received the consent of their guardian. The customer assures that he has the legal capacity required for the purchase. The seller reserves the right to hold himself harmless from the purchaser, should a reversal of the purchase become necessary due to his lack of legal capacity.
1.3
CHIMBA-STORE assumes no liability in the event that products are sold out or in the event of image or printing errors on the website, e.g. errors in the product description or other technical specifications, inaccurate prices and price adjustments (e.g. changed prices from suppliers or currency changes) or incorrect information about whether a product is in stock. CHIMBA-STORE is entitled to correct such errors and to change or update all related information at any time. If an inaccurate price is given for a product ordered by the customer, CHIMBA-STORE will notify the customer immediately and wait for the customer's consent to the changed price before CHIMBA-STORE continues with the ordering process. All images on our website are intended as illustrations only. Such images do not guarantee the exact appearance of the product.
1.4
The website and all content are the property of CHIMBA-STORE or its licensors. All information is protected by intellectual property and also by the Marketing Act. This means that brands, product names, company names, design, images and graphics, layout and information about products, services and all other content may not be copied or used without the prior written consent of CHIMBA-STORE.
2. Contracts and Orders
2.1
In order to place an order through the website, the customer must accept the general terms and conditions. By accepting the general terms and conditions, the customer undertakes to comply with all general terms and conditions in their entirety and also acknowledges that he has read all information about personal data and cookies and also consents to their use in accordance with the privacy policy of CHIMBA-STORE.
2.2
The purchase contract via the website consists of several steps, whereby at the end of the ordering process you will see a list of the ordered goods and the total price (including all ancillary costs). Until then, you also have the option of changing your order and correcting input errors. You only place a legally binding order by clicking the “Buy now” button.
It is stated that the order just mentioned represents an offer from the customer, whereas the promotion of the goods on our homepage does not yet constitute a binding offer.
As soon as an order is received from the customer, its receipt is confirmed by an automated email (order confirmation). This does not yet constitute acceptance of the customer's offer.
The contract is accepted by means of an express declaration of acceptance (order confirmation) or by sending the goods. This in each case within a reasonable period not exceeding seven days. If there is no acceptance, it can be assumed that the seller rejects the offer.
If we do not comply with a customer's offer, we will endeavor to inform the customer of this as soon as possible. In particular, it can happen that the goods ordered are temporarily out of stock or are not available for other reasons.
2.3
CHIMBA-STORE is a B2C company and sells to private individuals when purchasing through the website. CHIMBA-STORE can provide a payment receipt with all goods purchased including VAT and the customer information that was provided during the ordering process.
3. Customer information
3.1
When the customer places an order, the customer is asked to provide some personal information. The customer confirms that the information provided is correct and complete in its entirety and that the customer is responsible for any errors in the information provided. Information on the processing of personal data by the CHIMBA-STORE can be found in the CHIMBA-STORE data protection guidelines.
4. Fees, Pricing, and Payment
4.1
The prices indicated on the website always apply to orders placed on the website. The price information is given in EUR and includes VAT. The prices do not include payment and shipping charges. These are given separately.
4.2
The customer can pay for his purchase in any of the ways indicated on the website. CHIMBA-STORE is entitled to charge the customer in connection with the order. CHIMBA-STORE also reserves the right not to offer all payment methods at any time or to change the payment method if the payment method chosen by the customer does not work. For whatever reason, this applies at the time the order is fulfilled.
5. Special offers
5.1
The CHIMBA-STORE can at any time submit special offers on the website that have more favorable terms compared to these general terms and conditions, e.g. B. in relation to payment or the extended right of withdrawal. Such conditions apply for the duration of the special offer and for precisely those products that the CHIMBA-STORE is offering in connection with it. CHIMBA-STORE reserves the right to withdraw such special offers at any time. In the event of cancellation or revocation of such a special offer, the general terms and conditions always apply without changes. Offers on certain products on the website are valid for a limited time and until products are sold out.
6. Shipping and delivery
6.1
The shipping costs are to be borne by the customer, the amount being determined by the actual costs of the seller. The amount of the shipping costs is broken down during the ordering process.
The goods will only be delivered after payment has been received in full. Depending on the type of transfer, bank transactions can take several days (guideline: 1 to 3 days).
The delivery will be made to the delivery address given by the client.
After receipt of payment, CHIMBA-STORE has to deliver the goods to the consumer within 30 days.
If the goods have been delivered without prior full payment, they are subject to retention of title until the purchase price has been paid in full. It is agreed that the assertion of the retention of title does not constitute a withdrawal from the contract, as long as the seller does not expressly declare this.
6.2
If the goods need to be picked up at a specific delivery location, the customer must do so within the time specified in the notification. Parcels usually have to be picked up personally with valid identification and order number. The customer receives a delivery confirmation stating when and where the package can be picked up or received. The notification can be made by e-mail, ordinary mail and, if the customer has provided a mobile phone number, also by phone or SMS. If the package is not picked up, CHIMBA-STORE is entitled to charge the customer a fee of EUR 35.
You can find more information about shipping and deliveries here .
7. Right of withdrawal
You can obtain more detailed information on the right to withdraw from the contract as well as a form to exercise any right of withdrawal by clicking on the following link: Right of withdrawal.
8. Complaints and guarantees
8.1
It is the statutory warranty. In addition, no guarantees are given.
8.2
The right to complain applies to products that are defective according to the applicable consumer protection laws. If the customer wishes to exercise their right to lodge a complaint about an ordered product, they must contact the CHIMBA-STORE as soon as possible after the error has been discovered, using the contact information at the bottom of this page.
8.3
CHIMBA-STORE bears the return shipping costs for all approved complaints.
8.4
As soon as a product is returned for which a complaint has been submitted and the complaint has been approved, CHIMBA-STORE will reimburse the customer in accordance with the applicable consumer protection regulations. CHIMBA-STORE always endeavors to do this within 30 days of receiving the complaint from the customer. CHIMBA-STORE reserves the right to reject complaints if the product turns out to be non-defective in accordance with the applicable consumer protection regulations.
9. Left
CHIMBA-STORE can provide links to other websites over which the CHIMBA-STORE has no influence, and websites that are beyond the control of CHIMBA-STORE can provide links to the website. CHIMBA-STORE always tries to ensure that the CHIMBA-STORE only provides links to websites that apply similar data protection and security provisions in accordance with the data protection guidelines of CHIMBA-STORE, however, CHIMBA-STORE is not responsible for the protection or confidentiality of information or personal data responsible on other websites. The customer should always be careful and read the personal information policy applicable to the current website.
10. Force Majeure
CHIMBA-STORE is not liable for delays due to circumstances beyond the control of CHIMBA-STORE, e.g. general labor disputes, changed official orders, acts of war, fire, lightning, terrorist attacks, technical problems, deficiencies in energy / tele / computer communication or other communication as well as deficiencies or delays in the provision of services by subcontractors due to circumstances identified above. Such circumstances must lead to exemption from damage and other measures. Should such a situation arise, the CHIMBA-STORE will inform the customer both at the beginning and at the end of the period for the current situation. If the situation lasted longer than two months, both the customer and the CHIMBA-STORE are entitled to cancel the purchase with immediate effect.
11. Changes to the general terms and conditions
CHIMBA-STORE reserves the right to change these general terms and conditions at any time. Changes to these general terms and conditions will be published on the website. Changes become effective as soon as the customer has accepted the general terms and conditions, this in connection with a new purchase or while browsing the website, alternatively 30 days after the CHIMBA-STORE has informed the customer of the changes. However, CHIMBA-STORE recommends that the customer regularly stay up to date on the website to learn about changes to the general terms and conditions.
12. Severability Clause
If any provision of this Agreement is held to be invalid or unenforceable by any court of competent jurisdiction, authority or arbitration tribunal, the remainder of this provision and all other provisions shall remain in effect and enforceable to the fullest extent permitted by law. Any provisions found to be invalid or unenforceable will be replaced with appropriate legal advice.
13. Applicable law / place of jurisdiction
Austrian law applies to all contracts and agreements between the seller and the customer, but this to the exclusion of the UN sales law. The opposite applies if mandatory consumer protection regulations provide for this.
With regard to the place of jurisdiction, the competent court at the seller's registered office is agreed as locally competent. Deviating again applies if mandatory consumer protection regulations provide for this.
The European Commission provides a platform for online dispute resolution (OS), available at: https://ec.europa.eu/consumers/odr/. Please note that we are not obliged to resolve disputes with consumers before alternative dispute resolution bodies.
14. Email advertising
If we receive your e-mail address in connection with the sale of a product or service and you have not objected, we reserve the right to send you regular offers for products similar to those already purchased from our range by e-mail. Send mail. You can prohibit this use of your email address at any time by sending a message to the contact option described below without incurring any costs for you.
15. Newsletter
If you register for our newsletter, we use the data required for this or separately provided by you in order to regularly send you our e-mail newsletter in accordance with your consent. You can unsubscribe from the newsletter at any time and can either send a message to office@chimba-store.com .
16. Links to Third Party Websites
The website may contain links which you can use to leave the site. Unless otherwise stated, we have no control over the linked sites, and we are not responsible for the content of any linked site, for any links contained on any linked site, or for any changes or updates to such sites. We are not responsible for transmissions received from any linked website. Links to third party websites are provided for informational purposes only. The fact that we have added links to other websites does not mean that we endorse their owners or their content.
VARIOUS
(1) A waiver by one of the parties with regard to a breach or delay under these terms and conditions does not constitute a waiver for previous or subsequent breaches or delays.
(2) The headings used in these terms and conditions are only used for better understanding, they are not given any legal meaning.
(3) Unless otherwise expressly stated, if any part of these terms and conditions is deemed illegal or unenforceable for any reason, it is agreed that this part of the terms and conditions will be deleted and the remaining terms and conditions will remain unaffected and in full effect.
(4) Without our prior written consent, you can neither assign your agreement with us under these conditions nor all or part of your contractual rights or obligations.
(5) These terms and conditions constitute the entire agreement and supersede all prior written or oral agreements between you and us in connection with the services and the sale of products.
(6) The provisions of these terms and conditions, which due to their nature are intended to outlast such an act on our part, remain in effect, in particular with regard to provisions regarding compensation, indemnifications, exclusions of liability, limitations of liability and this section "Miscellaneous".
Contact:
CHIMBA-STORE eU
Deniz Güclü
Zelda-Kaplan-Weg 43/5
1100 Vienna
Email: office@chimba-store.com