Unless expressly agreed otherwise in writing, the following general terms and conditions apply to the use of the website www.mineni.at (hereinafter the "website") and all between you and Chiara Kresbach, Josefstädterstraße 43, 1080 Vienna (hereinafter " Mineni ") concluded contracts.

Unless otherwise stipulated in these General Terms and Conditions, the statutory provisions apply exclusively. Mineni expressly rejects any deviating conditions on your part.

 

Use of this website

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By using this website, you agree to provide your correct and complete contact details (email address, postal address, etc.) in order to enable Mineni to process the contract.

Mineni reserves the right to change the content or remove it from the website at any time at its own discretion.

 

Conclusion of contract

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The representations of the goods on this website do not represent any legally binding offers, but merely an invitation to place an order. You only place a binding order for the selected goods by clicking the "Buy now" button at the end of the ordering process. After submitting the order, you will receive an email from Mineni which confirms receipt of your order ("order confirmation").

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The purchase contract for the ordered goods is only concluded when the goods are dispatched or the e-mail confirms the dispatch of the goods, whereby the earlier point in time must be taken into account.

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In any case, Mineni reserves the right to refuse the order even after the order confirmation has been sent in the event of delivery problems, lack of availability of goods or other exceptional circumstances.

 

Price and terms of payment

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All prices and refunds are denoted in € and include the statutory sales tax and exclude any shipping costs.

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The current shipping costs are

 

For deliveries in Austria: EUR 3,90, free shipping for purchases over EUR 250

For deliveries in Europe: on request at office@mineni.at  free shipping for purchases over EUR 250

 

Deliveries outside of Europe can only be made in individual cases by prior arrangement.

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Although Mineni endeavors to ensure that all prices displayed on the website are correct, incorrect price information may, under certain circumstances, occur. If Mineni discovers an incorrect price quotation after receiving your order, Mineni will inform you of this and enable you to confirm the order at the correct price or to cancel the order. If you do not confirm the order within 7 days at the correct price communicated, Mineni will consider the order to be withdrawn.

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Mineni is not obliged to sell goods at an incorrectly displayed price, especially if the price information was obviously incorrect.

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Payment can be made either by prepayment, paypal, visa or mastercard. Payment is due upon conclusion of the contract.

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You may only offset against legitimate counterclaims that have arisen from the same contract between you and Mineni, have been legally established, recognized by Mineni or are undisputed.

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You may only assert rights of retention if the counterclaim is based on the same contract between you and Mineni.

 

Delivery and retention of title

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The goods will be delivered to the delivery address you have specified in the shipping method selected by you during the ordering process, commissioned by third parties. Mineni is entitled to provide partial services without incurring additional costs, unless such partial service is unreasonable for you.

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The risk of loss or damage to the goods is transferred to you when the goods are handed over to the supplier.

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If you conclude the contract in your capacity as a consumer, the risk of loss or damage to the goods is only transferred to you as soon as the goods are delivered to you or to a third party designated by you and other than the supplier, unless the delivery takes place in a different way not offered by Mineni.

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Mineni endeavors to adhere to the expected delivery times specified in the shipping confirmation; in any case, the ordered goods will be delivered to the delivery address specified by you within a maximum of 30 days from the conclusion of the contract, provided there are no exceptional circumstances.

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Interest on arrears is agreed in the legally stipulated amount.

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The goods remain the property of Mineni until they have been paid for in full.

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Statutory right of withdrawal

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As a consumer, you have the right to cancel contracts that have already been concluded within 14 days without giving reasons, unless the goods are delivered sealed and are unsuitable for return for health or hygiene reasons, provided that the sealing has been removed, or goods that are after customized specifications or tailored to your personal needs.

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The fourteen-day period begins on the day on which you or a third party named by you who is not a carrier takes possession of the delivered goods. If the goods are delivered in several partial shipments, the cancellation period begins on the day on which you or a third party named by you who is not a carrier takes possession of the last partial shipment.

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In order to exercise your right of withdrawal, you must use the withdrawal form or send us an email to writeus@mineni.at, stating your name, email address and / or telephone number, that you want to withdraw from the contract. To meet the cancellation deadline, it is sufficient to send the declaration of cancellation within the cancellation period.

 

 

 

Consequences of withdrawal

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In the event of a lawful revocation, Mineni will reimburse all payments received from you, including the shipping costs to the original delivery address (excluding any additional costs that may have arisen from a type of delivery other than standard delivery selected by you) immediately, but no later than within 14 days Access to the declaration of cancellation. The refund will be made using the same means of payment that you used to process the payment and without incurring additional costs.

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After declaring your revocation, you must return the goods to Mineni immediately, but no later than 14 days after sending the declaration of revocation. Sending within this period is sufficient. Mineni reserves the right to refuse repayment until receipt of the goods or proof of the return of the goods.

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The direct costs of returning the goods are to be borne by you. The return is to be made using the original packaging if possible.

After receiving the goods, Mineni will check the goods. You only have to compensate for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the condition, properties and functionality of the goods.

To exercise the contractual right of withdrawal, please send the goods to:

 

Chiara Kresbach

Josefstädterstrasse 43, / 1/4

1080 Vienna

 

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Warranty and liability

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The statutory provisions of the warranty apply.

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Mineni excludes liability for pecuniary damage caused by slight negligence, unless the damage results from a breach of a main contractual service. If you conclude the contract with Mineni as an entrepreneur, liability for property damage caused by gross negligence is also excluded. These exclusions of liability also apply to Mineni's vicarious agents.

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Mineni is not responsible for the constant and uninterrupted availability of the website. Furthermore, Mineni does not guarantee that the information on the website is correct or up-to-date. In addition, the images published on the website are symbolic photos. The goods actually purchased may therefore look slightly different from what is shown on the website.

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Intellectual property

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By making images or videos available to Mineni, you grant Mineni the simple, temporally and spatially unlimited right of use to edit and publish the works you have made available, in particular online on Mineni's social media channels and for commercial purposes .

 

In addition, by making images or videos available to Mineni, you declare that the works you have made available are free of third-party rights. If one or more people are shown in a picture or video provided by you, you are obliged to obtain consent from the persons shown for the publication and processing of the pictures by Mineni in accordance with the right of use you have granted.

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In the event that third parties assert claims against Mineni due to the violation of their rights (in particular copyrights, personal rights and trademark rights) due to the use of the images or videos provided by you, you undertake to indemnify and hold Mineni harmless.

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Privacy

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Mineni undertakes to process the personal data you provide exclusively in accordance with the applicable statutory provisions. You can find more information on processing in Mineni's data protection declaration (see privacy policy).

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Applicable law, place of jurisdiction

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The use of the website and all disputes arising from a contract concluded between you and Mineni are subject to Austrian law to the exclusion of the UN Sales Convention and the reference standards of Austrian international private law.

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This becomes factual as the agreed place of jurisdiction for disputes arising from or in connection with the use of this website or the contract agreed between you and Mineni ist he competent court in Vienna. Mineni reserves the right to sue at your general place of jurisdiction.

 

If you conclude a contract with Mineni as a consumer, the legally mandatory places of jurisdiction for consumers remain unaffected by this provision.

 

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Out-of-court dispute resolution

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The EU Commission created the OS platform as a point of contact for the out-of-court settlement of disputes regarding contractual obligations based on online sales contracts. You can find more information under the following link: http://ec.europa.eu/consumers/odr. Participation in such a dispute settlement procedure is voluntary for both parties.

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Final provisions

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Changes or additions to these general terms and conditions must be made in writing. This also applies to changes to the written form requirement.

Should any provision of these general terms and conditions be or become fully or partially legally ineffective or unenforceable, this shall not affect the legal effectiveness of all other terms and conditions. In place of the legally ineffective or unenforceable provision, the statutory provisions apply.

 

If you have any further questions, you can contact Mineni by e-mail to office@mineni.at

 

Status: June of 2021