TERMS AND CONDITIONS
maiko only completes orders based on these terms and conditions. These terms and conditions shall apply to all orders, which are submitted through one or more means of electronic communication e.g. telephone, mail, fax, e-mail or online form. Deviating procedures need to be based on written agreement with maiko.
Maiko Sakurai Karner
Mollardgasse 85a/Stiege III/137
Mobil: +43 (0) 676/6449059
Orders are subject to the prices as diplayed on the website www.maiko.at at the time of purchase. The products on offer are not subject to value added tax (VAT). Costs for shipping may vary based on destination of shipping and weight:
* Shipping within Austria with a total weight of up to 1 kg is free of charge. Packages exceeding this total weight will be charged with EUR 5,–.
* Shipping in all other countries with a total weight of up to 1 kg will be charged with EUR 10,–. Packages exceeding this total weight will be charged with EUR 15,–.
Additional costs like tariffs and similar charges need to be covered for by the purchaser.
4. CONCLUSION OF CONTRACT AND PAYMENT
Orders, which are under the scope of the terms (see 1. mentioned above) are to be considered as an offer to purchase a product with maiko. After placing an order with maiko, the purchaser will receive an e-mail, which confirms the reception of the order and states its details (confirmation of order). This confirmation of order does not signify the acceptance of the order by maiko. It is a mere means of information for the purchaser about the reception of the order by maiko.
It is not possible to charge the amount invoiced up with outstanding bills against maiko.
A contract is only concluded when maiko ships the ordered products to the purchaser. A second e-mail will be sent by maiko to the purchaser as confirmation of the shipping (confirmation of shipping).
Data about the order will not be saved by maiko. The purchaser may edit the text of his order – prior to transmitting it by clicking „send order“, cancel the procedure as well as saving or printing a copy of the completed order.
5. COMPLETION OF ORDER
maiko strives to complete all orders within 14 days of reception of the order. In case of extraordinary circumstances e.g. necessary textiles and materials are out of stock or problems with shipping, that are beyond maiko’ s reasonable control, the purchaser will be notified of these occurrences as soon as possible, upon which an avoidance of contract can be exercised. Further claims cannot be asserted.
maiko ships the products using Österreichische Post AG (Austrian Postal Services). This mode of shipping is covered by the costs stated above under 3. PRICES.
If the purchaser desires a deviating form of shipping (e.g. forwarding agency etc.), this has to be agreed upon in writing. Occurring costs for special shipping need to be covered for by the purchaser. Upon handing the products over to the shipping agent, chance and hazard demise to the purchaser.
6. DUE DATE AND DELAY
In case of delay with payment, even after a first written demand, 10 % interest will be added to the price. The purchaser will be charged with all costs for recovery of outstanding amounts, especially for monitory letters and legal consultation.
7. CONDITIONAL SALE
Ordered and shipped products stay under the ownership of maiko until all amounts due are paid by the purchaser.
8. RIGHT OF WITHDRAWAL
The purchaser may withdraw from the order within 14 working days using one of the methods stated above under 1. This period starts with the reception of the shipped products by the purchaser. It suffices, if the note of withdrawal has been sent off within this time frame.
In case of this event, all products need to be returned to maiko without delay. The cost for returning the products need to be covered for by the purchaser if
If the shipping of the product back to maiko is not prepaid for, maiko is entitled to retain a corresponding fee.
Occurring declines of value that are due to use will be brought to the purchaser’s account.
The right to withdrawal may be exercised if the completion of the order is not possible- see above 5. The purchaser will receive refund for amounts already paid.
9. WARRANTY AND LIABILITY
In case of verifiably defective products, maiko will deliver replacement within a grace period. If shipping of replacement is not possible within eight weeks, the purchaser may exercise the right to withdrawal. maiko is not liable for secondary damage unless in event of intent or culpable negligence.
maiko is not to be held liable for problems of technological nature in the ordering process.
maiko does not accept any responsibilty for the content of linked external web pages. In case of unlawful content on these external web pages, maiko asks to be informed, in order to remove the link.
maiko strives to keep the website www.maiko.at up to date. Liability that stems from temporary inavailability of the website or its content cannot be accepted.
10. DATA PRIVACY AND ADVERTISEMENT
Maiko is entitled to save and process purchaser’s data. This data is only used for business purposes with the purchaser and will not be passed on to third parties.
The purchaser agrees to this use of his data, the reception of e- mails and advertising material. This consent may be revoked by the purchaser through writing an e-mail to email@example.com.
The displayed products are protected by copy rights and related rights for maiko. By ordering, the purchaser agrees to respect these rights.
12. SALVATORIAL CLAUSE, APPLICABLE LAW, PLACE OF FULFILMENT AND COMPETENT COURT OF JURISDICTION
In case of the incoherence of any of this terms and conditions with other laws, this shall not affect the validity of the remaining terms and conditions. Only Austrian Law is applicable under exclusion of the reference norms of the Austrian IPRG, the reference norms of the convention on the law applicable to contractual obligations (80/934/EEC) and the United Nations Convention on Contracts for the International Sale of Goods.
Place of fulfilment is Vienna. Legal proceedings related to contractual relationships based on these terms and conditions are subject exclusively to the jurisdiction of the competent court for the 1st district (Inner City) of Vienna, Austria.