Terms & Conditions
These terms and conditions govern all contracts, deliveries and other services of Schmueck KG, Olbrichgasse 7, 1120 Vienna ("Seller" or "we") with or to the customer ("Buyer" or "You"). All verbal collateral agreements and other agreements between the parties have no effect. The parties agree that only the terms and conditions of the seller shall be valid and any terms and conditions of the buyer are ineffective.
By completing the order process and sending your order, you place a purchase offer that is binding on you. The contract comes into effect only with written acceptance or the beginning of the actual execution of the order by us. We are entitled to carry out only partial deliveries. The already paid fee for goods not delivered, will be returned by us.
3.Right of withdrawal
The seller is entitled to withdraw from the contract within ten working days of receipt of the goods without giving reasons. Saturday is not considered a working day. It is sufficient if the resignation is sent within the deadline. Withdrawal from the contract is to be directed to the seller's business address listed under point 1 or per email to firstname.lastname@example.org.
In case of withdrawal, the seller must return the goods to the seller at his own expense and in original packaging. The seller is obliged to refund the purchase price. However, the seller has the right to retain a reasonable portion of the compensation for any damage or other impairment caused by the buyer.
If the buyer is not a consumer within the meaning of the Consumer Protection Act, the right of withdrawal is excluded.
In addition, the right of withdrawal is excluded if the delivered goods have been specially compiled, manufactured or ordered due to the special needs of the purchaser or because of their nature are not suitable for return.
4. Shipment & Prices
All prices include Austrian VAT. For the prices of goods, the shipping costs are not included, these are shown separately during the ordering process.
The indications of the estimated delivery time are not binding and are only estimates.
The goods are shipped as soon as the payment has been received on the seller's business account (Schmueck KG IBAN AT87 3200 0000 1037 4510) - usually within the following two working days.
For our standard shipping we charge as follows:
ZONE 1 Austria:
Accessories from € 89,00 free, below € 4,90. Delivery time 1 - 3 working days
ZONE 2 Germany:
Accessories from € 119,00 free, below € 8,90. Delivery time 1 - 3 working days
ZONE 3 EU-Countries:
Accessories from € 149,00 free, below € 10,90. Delivery time 2 - 5 working days
ZONE4 Rest of Europe (e.g. Suisse, Monaco, Liechtenstein and Norway):
Accessories from € 219,00 free, below € 17,90. Delivery time 2 - 5 working days
ZONE 5: USA, Kanada, South America, Turkey, Russia and Northern Africa as well as Israel:
Accessories from €319,00 free, below €25,90. Delivery time 6 - 10 working days
ZONE 6: Oceania, South East Asia and Southern Africa (Japan, Australia, New Zealand):
Accessories from €399,00 free, below €36,90. Delivery time 6 - 10 working days
Express delivery on request.
For the shipping of small furniture and bulky goods, a possible shipping surcharge will be shown separately. Any shipping of furniture and the applicable shipping costs require a separate agreement.
You can return all items purchased online from us on Contemporum.com without giving a reason within two weeks (10 working days) - unused and in our original packaging - (extra ordered or made goods, such as custom-made items and individual items are excluded).
To meet the deadline, it is sufficient to send the goods back to us punctually.
In case of cancellation, the delivered goods may only be used for the purpose of verification. Not for use. If the condition of the goods is reduced by further use, we reserve the right to demand compensation for value.
Returns of goods are at your expense and risk within the scope of the right of withdrawal. Should the goods be damaged in return for the return - for example, by non-delivery in the original packaging or otherwise improper packaging - we reserve the right for further settlement of the damage incurred.
If the wrong delivery has been made on our part, we assume the costs of the cancellation. A credit balance arising from the return validated by us shall be immediately equalized within 10 days, this time step by step upon receipt of the goods. The period begins with receipt of the returned goods. Packaging and shipping costs are not refundable.
The return hast o be done to:
c/o Schmueck KG
6. Payment & Retention of title
Until full payment of the purchase price by the buyer, the goods remain our property. Payment for the goods can be made via Mastercard, Visa, Paypal, Sofortüberweisung.
If the buyer is a consumer within the meaning of the Consumer Protection Act, he is entitled to the statutory warranty.
If the seller is not a consumer within the meaning of the Consumer Protection Act, he is obliged to inspect the goods immediately upon receipt and to notify all defects in writing within three working days to the seller and specify them precisely. For defects that have not been specified within this period and announced to the seller, the buyer has no right to warranty or compensation.
If the buyer is a consumer within the meaning of the Consumer Protection Act, the seller is liable only for damage caused intentionally or through gross negligence. For personal injury, however, this restriction does not apply.
If the buyer is not a consumer within the meaning of the Consumer Protection Act, then he is liable only for damage of any kind, which he caused deliberately or through gross negligence.
Since the expected delivery dates are not binding, no liability is accepted for the delayed delivery. The seller is not liable for lost profits or other indirect damages.
9. Personal Data
The buyer warrants that the personal data provided by him are true and complete. The buyer agrees that his data is automatically processed and stored by the seller. The seller is entitled to use the entire data for their own direct mail.
10. Severability clause
Should individual provisions of these terms and conditions be invalid or invalidated by future amendments to the law, the validity of the remaining provisions of these terms and conditions shall remain unaffected. These Terms and Conditions shall be interpreted as coming as close as possible to the economic purpose of the invalid provision.
11. Jurisdiction and lawyer
The parties agree that all disputes arising out of, or in connection with this contract shall be settled exclusively in the competent court of Vienna Innere Stadt. The Austrian law applies, excluding the conflict of laws rules and the UN Sales Convention.