Terms of service
GENERAL TERMS AND CONDITIONS FOR ONLINESHOP PURCHASES
§ 1 Area of Coverage
§ 2 Contracting Party, Language, Applicable Law
The contracting party is Wenna GmbH, Plankengasse 3, 1010 Vienna, Austria. The contract language is German. Austrian law is applicable, excluding UN Convention on Contracts for the International Sale of Goods.
§ 3 Conclusion of Contract
Your order represents an offer for closing a purchase contract with us. When you place an order on annaij.com, we will send you an e-mail confirming the receipt of your order (order confirmation). This order confirmation does not represent an acceptance of your offer, but should merely inform you that your order has reached us. A purchase contract is only in effect when we have sent you the ordered product and confirm the shipment in a second e-mail (shipment confirmation). There is no purchase contract for products from one and the same order, which are not listed in the shipment confirmation.
§ 4 Agreement on Costs of Returns, Right of Withdrawal and Exemption
Right of Withdrawal:
You have the right to cancel this contract within fourteen days without providing a reason. The withdrawal period is fourteen days from the date on which you or a third party named by you (not the carrier) has taken possession of the goods.
To exercise your right of withdrawal, you must inform us (ANNA Inspiring Jewellery - zHd Retourenabwicklung, Plankengasse 3, 1010 Vienna, Austria, email@example.com, phone: 00800 9366 2000) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. Please apply your return online in advance via our returns portal. Your approval will be sent via e-mail, after which you can return the goods to us. In order to comply with the withdrawal period, you must send a notification of this exercise of the right to withdrawal before the expiry of the withdrawal period.
CONSEQUENCES OF CANCELLATION:
Should you revoke this contract, you will be reimbursed to all payments received, including delivery costs (with the exception of additional costs resulting from a delivery other than the cheapest standard delivery offered by ANNA), without undue delay and within fourteen days of the date on which we received the notification of your withdrawal from this contract. We will utilize the same means of payment used for the original transaction when providing a refund, unless expressly agreed otherwise; you will not be charged any fees resulting from this repayment. We may refuse a refund until we have received a return of the goods or until you have provided proof that you have returned them, whichever occurs first.
You are required to make your return no later than within fourteen days from the date on which you notify us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of this period within fourteen days. You shall bear the direct costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to unnecessary handling of the goods concerning checking the condition, properties, and function of the goods in question.
The right of withdrawal does not extend to contracts for non-prefabricated goods, where the consumer's individual selection or determination is crucial, or goods which are specifically customized to meet the consumer's personal specifications. Additionally, this right does not apply to goods sealed upon delivery. These goods cannot be returned due to health and safety or hygiene requirements if the seal is broken after delivery.
Should you take out a loan to finance this contract and later decide to cancel it, you will no longer be obligated by the loan agreement, provided that both contracts are considered as a single economic unit. This is more applicable if we are your lender or if your lender collaborates with us for the financing. Should ANNA already receive the loan by the time the cancellation becomes effective, your lender will assume our rights and obligations under the financed contract concerning legal consequences in the cancellation or return process. However, this does not apply if the purpose of the current contract is the acquisition of financial instruments (such as securities, foreign exchange, or derivatives).
Should you wish to minimize your contractual obligations, exercise your right to cancel and revoke the loan agreement if you have the additional right to cancel.
§ 5 Delivery
Unless agreed upon differently, the delivery is carried out from the annaij.com warehouse to the address provided by the customer. On our website, you will find information on the stock availability of individual products. It should be noted that all information on availability, shipment and delivery of a product is merely estimated information and an approximate value. It does not represent binding or guaranteed shipment or delivery dates, except if the delivery options of a particular product explicitly specify a binding date. In the event that during the processing of your order annaij.com determines that products you have ordered are not available, you will be separately informed per e-mail. In the event that annaij.com, through no fault of its own, is unable to deliver the ordered goods, because the annaij.com’s distributor does not fulfill their contractual obligations, annaij.com is entitled to rescind the contract with the customer. In this case, the customer will immediately be informed that the ordered product is not available. The legal entitlements of the customer remain intact. In the event that a delivery to the customer is not possible because the customer cannot be reached at the address provided, the customer carries the costs for the unsuccessful delivery.
§ 6 Due Date and Payment, Delay
The customer can pay the purchase price with the available payment options. The payment is to be made in the currency that appears on the invoice.
If you would like to pay with a credit card, you have to specify the required details on the order form. annaij.com will not commence arranging or delivering the ordered products before your credit card company has cleared your credit card for the payment of the ordered products.
The invoice and the ordered products will be sent to the address provided in the order confirmation.
The buyer can pay the purchase price with the available payment options. Payment must be made in the currency shown on the invoice.
If you want to pay with a credit card, you will need to provide the required details on the order form. annaij.com will not begin to manufacture or ship the ordered products until your credit card company has approved the use of your credit card to pay for the products ordered.
KLARNA'S PAYMENT OPTIONS - PURCHASE ON ACCOUNT
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the option of purchase on account. The payment is made to Klarna - the payment period is 14 days from the shipment of the goods. The terms of billing can be found here.
The invoice and the ordered products will be sent to the address indicated in the order confirmation.
DATA USE IN PAYMENT PROCESSING CREDIT CHECK
Insofar as we make advance payments, e.g. in the case of purchase on account, it is necessary for the conclusion of the contract pursuant to Art. 22 (2) lit. a DSGVO to obtain information on identity and creditworthiness from service companies specializing in this area (credit agencies). For this purpose, we transmit your personal data required in a credit check to the following company(ies): SCHUFA Holding, AG Kormoranweg 5, 65201 Wiesbaden, Germany.
Appropriate measures to protect your rights, freedoms, and legitimate interests will be taken into account. You have the opportunity to express any concerns and contest the decision by contacting using the option described below. After complete processing of the contract, your data processed for this purpose will be deleted, unless you have expressly consented the further use of your data or we reserve the right to use data beyond this circumstance. This use is permitted by law and you are informed of this fact in this declaration.
§ 7 Price
All prices include the applicable value added tax. Shipping costs are quoted separately.
§ 8 Reservation of Proprietary Rights
Until payment has been completed, the delivered goods remain property of Wenna GmbH.
§ 9 Liability for defects
In the event of a defect product, statutory provisions apply. The assignment of the customer’s claims is ruled out. If the subsequent performance takes place during the compensation delivery, the customer is obligated to return the initially delivered goods within 10 days.
The reshipment of the defect goods must take place according to statutory provisions. annaij.com reserves the right to assert compensation for damages according to the conditions regulated by law. The statutory period of limitations is two years, counted from the date of delivery.
Moreover, annaij.com is liable for the negligent breach of essential aspects, the breach of which endangers attaining the purpose of the contract, or for the breach of obligations whose implementation allows for the proper execution of the contract and the adherence to which you depend on. In this case, annaij.com is only liable for damages that are foreseeable and typical for this type of contract.
annaij.com is not liable for the negligent breach of obligations that are not mentioned in the preceding paragraphs. The above-mentioned limitations of liability are not applicable for damage to life, body or health, for defects arising after the acceptance of a guarantee for the quality of the product and for willfully concealed defects. The liability according to the product liability law remains unaffected.
To the extent that annaij.com’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and auxiliary persons.
§10 Processing and Use of Our Customer’s Personal Information
We save, process and use the personal data you provide on the order form, in order to execute the order. We give some of this information to the contracted shipping companies for the execution of the order. On written request, you will receive, free of charge, a list of the data we have saved regarding your person. We will adjust any incorrectly saved data upon your written request. As far as you comply with a utilization of your personal data that is not already legal, you can revoke this compliance at any given time.
In order to be able to offer you the payment options of Klarna, we will transfer personal data, such as contact details and order data, to Klarna. So Klarna can assess whether you can use the payment options offered through Klarna and adjust the payment options to your needs.
§ 11 Force Majeure
In the event that we are prevented from fulfilling our obligations due to a force majeure or other circumstances beyond our control, we assume no liability.
If cases of force majeure or other circumstances beyond our control lead to a delay, we will fulfil our obligations as soon as it reasonably possibly under the circumstance.
GENERAL TERMS AND CONDITIONS FOR PURCHASES IN ANNA STORES
These terms and conditions of sale at WENNA GmbH ("ANNA") apply to the purchase of goods in ANNA Stores.
1 . PERSONAL USE
All sales take place at retail and are strictly for personal use. ANNA reserves the right to limit the number of item purchases per customer. Under no circumstances may the items sold be resold as new, first-hand products through any distribution channel.
2 . RETURN, REFUND AND EXCHANGE POLICY
ANNA issues a receipt of purchase for every sale. Duplicate receipts will not be issued. Merchandise, with the exception of custom items made to order, may be exchanged or returned in the country of purchase at ANNA stores selling the same merchandise This must occur within a period of fourteen (14) days from the date of purchase. Items may be returned for credit within fourteen (14) days of purchase (without exception) upon presentation of receipt and provided that the merchandise has not been used or altered. Merchandise must also be returned in perfect condition and in its original packaging.
The customer shall bear the return costs incurred by mail or messenger, including all subsequent costs involved. The customer is responsible for the returned goods' condition and for the quality and stability of the packaging used. Defective items will be repaired, replaced, or refunded provided that they have not been damaged and that the complaint is made within the legal time constraints (with the exception of special warranties on specific items).
3 . CUSTOM-MADE PRODUCTS
Custom-made items will only be accepted if the purchase price is paid in full when the order was placed.
4 . INTELLECTUAL PROPERTY
Purchased items are protected by trademark laws and may also enjoy further protection under material goods laws (e.g. copyright, design protection, equipment protection, etc.). Therefore, the customer may not reproduce whole or partial purchased item designs for commercial purposes (e.g. photos, drawings, reproductions, samples with other materials and in other sizes), or transmit or deliver such reproductions to third parties. Customers may also not use any portionof the name 'ANNA' and/or ANNA's registered trademarks and/or designs as a trademark (e.g. in distribution, advertising, promotion or for any other purpose). Any kind of infringement and complicity will be subject to civil and criminal prosecution.
You have submitted your personal information to ANNA. Please note that your personal information may also be used for marketing and commercial purposes by ANNA and in ANNA stores. You have the right to be informed of the personal data stored about your person at any time and it may be corrected by contacting ANNA. If you do not wish to receive information or communications from ANNA, please contact: WENNA GmbH, Plankengasse 3, 1010 Vienna, Austria.
WENNA GmbH - Registered office of the company: Plankengasse 3 . 1010 Vienna
Managing directors Anna and Werner Ausserladscheider . FN 360190t . Commercial Register Court Vienna.