Terms of service

Webshop Terms and Conditions

Contractual terms within the framework of purchase contracts made via the platform ASTRO.Lifestyle and the subpages ASTRO.Diamonds, ASTRO Arts

between

NewsVision GmbH, Zwickerleiten 1b, A-6370 Kitzbühel, registered in the commercial register of the Regional Court Innsbruck, FN 610157 s, represented by Ms. Claudia Maria Städele,
- hereinafter referred to as the "Provider" -

and

the customer designated in § 2 of the contract
- hereinafter referred to as the "Customer" -

§ 1 Scope, Definitions

  1. For the business relationship between the webshop provider (hereinafter "Provider") and the customer (hereinafter "Customer"), exclusively the following General Terms and Conditions apply in their version valid at the time of the order. Deviating general terms and conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.
  2. The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot predominantly be attributed to his commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or legally capable partnership who acts in the exercise of his commercial or self-employed professional activity when concluding the contract.

§ 2 Conclusion of Contract

  1. The customer can select products from the provider’s assortment, in particular jewelry pendants "ASTRO Diamonds", and collect them in a so-called shopping cart by clicking the button "add to cart". By clicking the button "order with obligation to pay" he submits a binding offer to purchase the goods contained in the shopping cart. Before submitting the order, the customer can change and view the data at any time. However, the offer can only be submitted and transmitted if the customer accepts these terms and conditions by clicking the button "accept T&Cs" and thus incorporates them into his offer.
  2. The provider then sends the customer an automatic receipt confirmation by e-mail, in which the customer's order is listed again and which the customer can print using the "print" function. The automatic receipt confirmation only documents that the customer's order has been received by the provider and does not constitute acceptance of the offer. The contract is only concluded by the provider's acceptance declaration, which is sent by a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the contract text is sent to the customer by the provider on a durable data medium (contract confirmation). The contract text is stored in compliance with data protection regulations.
  3. The contract conclusion takes place in German or in the language previously selected by the customer in the menu.

§ 3 Delivery, Product Availability

  1. Delivery times specified by the provider are calculated from the time of his order confirmation, which only occurs after receipt of the necessary data for the production of an ASTRO Diamond. These are date of birth, exact time of birth, and place of birth. Payment of the purchase price in advance is required. Unless no or a different delivery time is specified for the respective product in the provider's online shop, it is 14 working days. In the case of manufacturing an ASTRO Diamond single piece, the delivery time may be up to 12 weeks.
  2. If no copies of the product selected by the customer are available at the time of the order, the provider will inform the customer immediately in the order confirmation. If the product is permanently unavailable, the provider refrains from an acceptance declaration. In this case, no contract is concluded.
  3. If the product designated by the customer in the order is only temporarily unavailable, the provider will also inform the customer immediately in the order confirmation.
  4. There are basically no delivery restrictions. However, customs and import regulations as well as shipping costs apply depending on the delivery country specified by the customer.

§ 4 Retention of Title

The delivered goods remain the property of the provider until full payment has been made.

§ 5 Prices and Shipping Costs

  1. All prices indicated on the provider’s website include the respective applicable statutory value-added tax.
  2. The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer, unless the customer exercises his right of withdrawal.
  3. The shipment of the goods is made by postal delivery. The shipping risk is borne by the provider if the customer is a consumer.
  4. In the event of withdrawal, the customer has to bear the immediate costs of returning the goods.

§ 6 Payment Terms

  1. The customer can make payment by direct debit or credit card. Payment by invoice is only possible for new customers up to a merchandise order value of 100 euros for the first order. Custom-made products can generally not be ordered on account.
  2. The customer can change the payment method stored in his user account at any time.
  3. The purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, he has to pay the provider default interest for the year in the amount of 5 percentage points above the base rate.
  4. The customer's obligation to pay default interest does not exclude the assertion of further default damages by the provider.

§ 7 Warranty for Defects, Guarantee

  1. The provider is liable for material defects according to the applicable statutory provisions, especially §§ 434 ff. BGB. For entrepreneurs, the warranty period on goods delivered by the provider is 12 months.
  2. An additional guarantee exists for goods delivered by the provider only if it was expressly given in the order confirmation for the respective article.

§ 8 Liability

  1. Claims of the customer for damages are excluded. Exceptions are claims for damages of the customer resulting from injury to life, body, health, or from the breach of essential contractual obligations as well as liability for other damages based on intentional or grossly negligent breach of duty by the provider.
  2. In the event of breach of essential contractual obligations, the provider is liable only for the typical, foreseeable damage if caused by simple negligence.
  3. The limitations also apply in favor of the legal representatives and vicarious agents of the provider.
  4. The limitations of liability do not apply if the provider has fraudulently concealed the defect or has assumed a guarantee. The provisions of the Product Liability Act remain unaffected.

§ 9 Right of Withdrawal

  1. Right of Withdrawal
    You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party other than the carrier received the goods.

    To exercise your right of withdrawal, you must inform us (NewsVision GmbH, Zwickerleiten 1b, A-6370 Kitzbühel, E-mail: staedele@news.vision) by means of a clear statement. You may use the attached sample withdrawal form, but it is not mandatory.

    Consequences of Withdrawal:
    If you withdraw, we will reimburse all payments received, including delivery costs (except additional costs arising from a different method of delivery than the standard delivery), within fourteen days of receipt of the withdrawal. The refund will be made using the same payment method used in the original transaction. We may withhold the refund until we have received the goods back or you have provided proof of return. The goods must be returned within fourteen days. You bear the return costs and are liable for any loss in value.
  2. The right of withdrawal does not apply to sealed audio/video recordings or software if the seal has been removed.
  3. Sample withdrawal form:

    (If you want to withdraw from the contract, please fill out this form and send it back.)

    • To NewsVision GmbH, Zwickerleiten 1b, A-6370 Kitzbühel, E-mail: claudia.staedele@news.vision
    • I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)
    • Ordered on (*) / received on (*)
    • Name(s) of consumer(s)
    • Address of consumer(s)
    • Signature of consumer(s) (only if this form is notified on paper)
    • Date
    (*) Delete as appropriate

§ 10 Special Notice

Your right of withdrawal expires prematurely if we begin to perform the contract at your express request before the withdrawal period has expired.

§ 11 Exclusion of the Right of Withdrawal for Customer Specifications

The right of withdrawal does not exist pursuant to § 312 g para. 2 no. 1 BGB for contracts for the delivery of non-prefabricated goods which are tailored to the personal needs. ASTRO Diamonds are personalized unique pieces and are therefore excluded from the right of withdrawal.

§ 12 Final Provisions

  1. German law applies to the exclusion of the UN sales law. Mandatory provisions of consumer protection law remain unaffected.
  2. The place of jurisdiction is the provider's registered office if the customer is a merchant, a legal entity under public law, or a special fund under public law.
  3. If individual provisions are invalid, the contract remains valid otherwise. The statutory provisions apply. If this is unreasonable, the entire contract is invalid.