Terms & Conditions of Sale
Terms & Conditions of Sale
Our terms and conditions are standard agreement terms. They are valid for all purchases via the rosa mosa online shop.
1. Validity and Terminology
The following terms and conditions are applicable for the business relationship between Mag. Simone Springer, Vienna (hereafter called "rosa mosa", "vendor" or "us/we") and the customer ("you") at the time the order is placed. Any discrepancies or other general terms of agreement and/or conditions of the customer are, irrelevant of their description, explicitly contradicted, unless we accept them specifically and in writing.
Specific agreements with the customer in individual cases (including amendments and additions and/or alterations) always have priority over our general terms and conditions of sale. Any amendment of, and addition to, as well as the rescission of these terms and conditions must be in writing in order to be valid. The same applies to any waiver of this written-form requirement.
2. How the contract is formed between you and us
The contract language is english. The rosa mosa website is merely an invitation to the customer to place an order to buy a Product. The email confirmation sent to you via PayPal does not yet lead to a contract of sale (“Contract”). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us. The Contract applies after the delivery of the Products, this is the declaration of acceptance. Products that are not delivered do not result in a Contract. Slight discrepancies in colour when compared to the Products shown on the website are possible and due to technical conditions.
rosa mosa does not accept orders from customers under the legal age of 18.
An order is only possible via logging in to your PayPal account or when all the fields within the PayPal window have been completed. If there is information missing, or rosa mosa cannot supply the order for other reasons, the customer will receive an error message. The customer has the opportunity of amending his/her order before the final dispatch of the Products. As soon as payment has been completed, you will be notified via an information window. This does not yet constitute an acceptance by the customer.
3. Order Confirmation
Your order details are saved. After successful payment, you are sent an email via PayPal to the given address when the order has arrived at rosa mosa. You may also print a confirmation after successful payment. This information does not yet constitute an acceptance of the order.
4. Prices and Dispatch Costs
All prices are given in EURO excluding the legally valid value added tax of 20%.
You will be informed of the applicable dispatch costs depending on your location. You must pay the dispatch costs.
In a delivery to a non EU country you must also pay all additional import and export costs, as well as all duties, taxes and fees. Any foreign bank charges are also to be paid by the customer. Taxes, duties and fees as well as handling charges by the carrier will NOT be refunded after a return of the Products.
5. Delivery, Delivery Period, Product Availability, Dispatch
rosa mosa delivers to the given address. Your Product is dispatched at the latest three working days following the day rosa mosa receives your Order. According to experience the delivery period is three to five working days, at the latest 14 working days after placing your Order. If this period of dispatch has expired, an extension of 14 working days is automatically generated without any further declaration by the customer. If this additional period also expires you can cancel your Contract.
If the Products you have ordered are not available at the time of your order, or rosa mosa cannot otherwise for any reason comply with the terms of delivery, you will be informed directly. At the same time rosa mosa will inform you of a new delivery date as is reasonable according to circumstances. If the Product is still not available in this new delivery period, rosa mosa can partially or completely withdraw from the Contract. Any pre-payments will promptly be refunded by rosa mosa. If the delay is not acceptable to you, you can cancel your Order by notifying rosa mosa in writing immediately (by fax or email).
If you have ordered several Products, rosa mosa might send you these in several separate deliveries. rosa mosa will inform you of this course of action before dispatch. If part of your order is currently not available or permanently unavailable, this part of your Order will be cancelled. Only the Products available will be listed in the Order Confirmation. Thus a Contract does not result from unavailable Products in the Order.
The dispatch occurs with the most cost effective mode of dispatch, with GLS or via The Post Office, or, if specifically requested by the customer, with EMS or FedEx. The danger of damage is transferred to the dispatcher, and then, after you have accepted the products from the dispatcher, to you. If you receive goods visibly damaged by transport, you can claim your right to return the goods.
You can cancel your contract up to 7 working days after receiving the Products without citing a reason by notifying us in writing (letter, fax, email) or by returning the Products to us. It is satisfactory if you notify us (in writing) of your intention to return the Products to us within this period. If you wish to return part or all of your Order a partial or full refund will only be paid when the Products have arrived at rosa mosa in their original, undamaged state.
The returns must be sent to the following address:
Please note, you must take reasonable care of the Products whilst they are in your possession and, when returning products to us, you must ensure that they are in the same condition they were in when you received them (i.e. they must be unworn and returned with all labeling and original packaging). If you fail to comply with this obligation, we may have a right of action against you for compensation. This also applies if any accessories or other parts are missing.
There is no right of return if the original label was removed from the Product, as rosa mosa assumes that, in this case, the Product has been accepted. Returns can be sent by post or as judged suitable by the customer.
Refunds must be completed within 30 days. For the customer this period begins after dispatching the Products or the request of return, for rosa mosa with receipt of the Returns.
You cannot claim any right of return if the Product has been made specifically according to your wishes or if the product was purchased in sale or with disount.
The cost of returns are payable by the customer. Should the Returns be sent by freight forward, rosa mosa has the right to charge you the relevant sum or deduct it from your refund. Goods must be received at our Vienna office within 7 days after dispatch, the chosen shipping service must be with tracking option.
7. Our Liability
If there is a defect in the Product you have the right to ask for a supplementary performance (new delivery or removal of defect). rosa mosa is authorised to refer the customer to a new delivery, if removal of the defect would mean a disproportional outlay.
Commercial or technically unavoidable, material aberrations on quality, colour, size, shape, finishing, width, weight, fittings or design of the Product are irrelevant. We aim to offer true colour representation. However, due to the nature of online shopping we can not be held responsible for any variations of colour as shown on screens, monitors or printouts. You have no right of return for such or other unavoidable deviations. Otherwise you must clearly state and prove why the deviation is considerable to you. You have no right of return if you have altered the Product in any way and the defect was the result of such an action.
You have the right to guarantee claims by giving the order number, your name and address as well as a short description of the reason in an email to: email@example.com , by telephone: +43 1 9410319 or by post to the following address:
You must send your Product to rosa mosa for examination if requested to do so. rosa mosa will cover costs and is liable for the product during this process. Please send it to the following address:
Please use the original packaging for the return. If the Product is made of various separate parts, please return it to its condition of delivery.
8. Reservation of Property Rights
Until complete payment of the sale price the delivered Products remain the property of rosa mosa. You must notify us immediately in writing if the Products have been pledged, confiscated or other interventions by a third party, and inform the third party of the reservation of property rights of the seller.
You can pay for your order by credit card. rosa mosa will only accept the payment type declared in the order process.
All payments and credits are transacted in EURO. Our partner for secure online payments is PayPal (www.paypal.com).
10. Data processing, Protection of Data Privacy
All your personal data will be handled with utmost care and confidentiality by rosa mosa.
11. Law and Jurisdiction
All Contracts and Agreements between the customer and rosa mosa will be governed by Austrian Law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. Place of execution is Vienna/Austria.
If individual terms in these terms and conditions of sale are or should become invalid, the effectiveness of the rest of the regulations remains unchanged. Instead of the invalid term, its appropriate corresponding term according to Austrian Law becomes effective.
12. Supplier Identification according to § 5 ECG
Mag. Simone Springer
Phone: +43 1 9410319
Fax: +43 1 9410319-9
Place of Jurisdiction:
account - holder: rosa mosa- Ms. Simone Springer
account - no.: 20917
sorting code: 35022
bank: Raiffeisenkasse Hallein,
Robertpl.1, 5400 Hallein, Austria, Europe
IBAN: AT94 3502 2000 0002 0917