Conditions of Use

General terms and conditions (situation for the March 2013)

1.    Contract partners

2.    Order

3.    Prices and terms of payment

4.    Retention of title for the goods up to the full payment

5.    Delivery

6.    Warranty

7.    Right to withdraw from the Contract

8.    Responsibilities 

9.    Protection of data subject to non-disclosure and statement of consent

10. Changes in the general terms and conditions of the transaction, the applicable law, place of jurisdiction

11. Facebook "Like" button

12. Google Analytics Application

13. Initial browser data

 

1. Contract partners

According to the general terms and conditions of the transaction (GTC) contract partners are represented by the company Sir Harly's Tea, in the name of Viola Kim, the owner, hereinafter referred to as Sir Harly's Tea, and the Client. With respect to the relationships under the Contract between the Client and Sir Harly's Tea concerning the orders by distance selling the current interpretation of the Contract shall be initially applied, adopted at the date of signing the Contract.

 

2. Order

Sir Harly's Tea sells products only to the end-user for personal use. Recall of Sir Harly's Tea goods and related items is not possible without written permission from Sir Harly's Tea. Return is made exclusively for the products reflected in the budget - except for the reimbursement of services for providers of goods or services.  Sir Harly's Tea reserves the right to cancel orders for merchants engaged in resale.

In respect to items presented in the online store, they are not for the presentation of products to the Client, but only to stimulate the Client to send orders to Sir Harly's Tea. By entering all data necessary to carry out and issue the order (by pressing the "Order"), the Client creates necessary conditions for the execution of the order by Sir Harly's Tea. As a result, the Sale Contract is concluded by e-mail and a written confirmation of the order is sent to you on behalf of Sir Harly's Tea. The order confirmation contains all details of the Sale Contract, without exception.

To make an on-line order it is necessary:

1. To choose type and number of items;
2. To enter personal data (name, address, payment),
3. To confirm summary data of the order,
4. To get conformation of the order by Sir Harly's Tea.

 

3. Prices and terms of payment

Effective prices are those which are reflected in the online store, and specified in the order confirmation. All prices include VAT. Tea prices are given for the package weight of 100 grams, unless otherwise stated. Other types of packaging are provided only for exceptional cases.

All prices are valid until the recall of goods, the price change is prohibited.


Delivery costs within the territory of Austria


We deliver any desired amount of tea to all corners of Austria, provided that the minimum order amounts € 15.00. In the absence of a tea lot, postal charges are recalculated and packing is not charged. Goods that amount less than € 15.00 cannot be shipped. 

For the goods that amount € 50.00 and more, we provide FREE delivery, but exclusively for the tea products.

Postage expenses for the remaining items are reflected in the invoice. The breakdown of costs is made according to the invoice. In case of failure to pay within 14 days after receipt of the invoice we charge 10% of the total amount including late payment fee. 

Additionally, delivery costs are calculated based on the total weight of the package, but the delivery costs may differ in case of fragile goods or special packaging.


Delivery within the territory of Austria:
From 0 kg to 4 kg     -> € 3.90
From 4 kg to  10 kg   -> € 5.90
From 10 kg to 16 kg  -> € 7.90

 

Shipment of goods within the territory of Germany


The minimum order costs from abroad shall amount € 15.00. Shipment of goods abroad is carried out after receiving of money specified in the invoice. We accept payments from abroad either by the following credit cards: Visa, MasterCard (in euro), Diners/Discover, Paypal, or in the form of pre-payment by bank transfer (for the provided bank details).
We accept payments by credit card only after the prior provision of the credit card number, as well as the information about the validity of the credit card! At that, actual delivery costs are calculated. Invoices shall be issued in euro. Additionally, delivery costs are calculated based on the total weight of the package, but the delivery costs may differ in case of fragile goods or special packaging.
Goods to Germany are shipped only after receipt of pre-payment or after conformation of payment by credit card.


Delivery within the territory of Germany:
From 0 kg to 4 kg      -> € 9.90
From 4 kg to 10 kg   -> € 14.90
From 10 kg to 16 kg -> € 19.90

 
Shipment of goods within the territory of EU


The minimum order costs from abroad shall amount € 15.00. Shipment of goods abroad is carried out after receiving of money specified in the invoice. We accept payments from abroad either by the following credit cards: Visa, MasterCard (in euro), Diners/Discover, Paypal, or in the form of pre-payment by bank transfer (for the provided bank details).
We accept payments by credit card only after the prior provision of the credit card number, as well as the information about the validity of the credit card! At that, actual delivery costs are calculated. Invoices shall be issued in euro. Additionally, delivery costs are calculated based on the total weight of the package, but the delivery costs may differ in case of fragile goods or special packaging.
Goods to Germany are shipped only after receipt of pre-payment or after conformation of payment by credit card.


Delivery within the territory of EU:
From 0 kg to 4 kg   -> € 12.90
From 4 kg to 10 kg  -> € 17.90
From 10 kg to 16 kg -> € 22.90


Delivery costs to other countries (except for EU countries, Germany and Austria)


Information on the delivery costs to other EU countries, as well as outside the EU, will be automatically sent to you by e-mail (according to the applicable tariffs of Austria Post).  
Additionally, depending on the country of import, customs fees may be charged that are payable by the buyer. Goods shipped abroad can be paid "by credit card", "Paypal" and "by prepayment".

If the delivered lot of goods or items as a gift cannot be accepted, or in the event of wrong delivery address, Sir Harly's Tea is entitled to calculate the cost of the repeat delivery of goods that are payable by the client.


The following types of payment are available:

Payment by credit card
We accept Visa, Mastercard, DinersClub/Discover and Paypal. The system will automatically write-off the money from your credit card after verification of the data during booking. When you enter a new client address (the same rule applies to the items as a gift) a new input data is required to make the payment. We hereby guarantee that the address can be changed only by your personal wish.

Payment by pre-payment
Client transfers money, specified in the invoice, to a provided account number. The goods are sent on the next working day after receipt of the payment.

Payment by invoice
Being a regular customer you can also choose to "pay by invoice", if the invoice has to be set in Austria and the shipping address is also in Austria. This is made to ensure that you have saved your data at the first order and you are able to identify yourself with the next order by entering your personal e-mail address and password. The payment by invoice shall be made within 14 days. In the event of late payment, the invoice shall include late payment fee.

 

4. Retention of title for the goods up to the full payment

The goods remain the property of Sir Harly's Tea up to the full payment.

 

5. Delivery

Generally, the orders are formed and delivered within one or three working days after receipt of the order. The delivery period within the territory of Austria is usually no more than three working days, whereas the time of delivery is not within the competence of Sir Harly's Tea.   

6. Warranty

Sir Harly's Tea warrants on the lack of defects of the goods at the time of delivery as provided by the law. In respect of claims for warranty certain dates shall be set. In the presence of legally established defects, free exchange of the goods or removal of defect is carried out within the specified period of time. If exchange or removal of defects cannot be taken into account (impossible due to high costs, unacceptable, or it is impossible to meet the deadline), in this case the buyer may require lowing the price, or, respectively, if the defect cannot be removed, require terminating the Contract (to cancel the Sale Contract as a result of identified deficiencies). The defects can be identified after delivery or, respectively, after thorough inspection. If the sale transaction is a business transaction for the Client (services for the providers of goods or services), he shall inspect the goods at least within two weeks and in the presence of defects notify us thereof. 

Sir Harly's Tea is responsible only for defects due to voluntary damages and gross negligence. This rule shall not be applied to damages caused by human factors, or, respectively, due to transactions related to personal consumption of the goods. The injured party shall prove a slight or gross negligence, unless it is about transactions related to personal consumption of the goods. Compensation for (indirect) remote damages, as well as compensation for material, property and ordinary damage made by the third party to the buyer, except for transactions related to personal consumption of the goods, is not payable. Our company thoroughly provides its services as an operating company as specified in the section with the information about the online store, but it is not responsible for the services that are recommended for consideration by third parties, or, respectively, for services provided by third parties. The warranty shall be provided by the guarantor (the manufacturer/ or even the seller if he is a manufacturer) and be granted in accordance with his instructions. The use of warranty does not limit its legal implementation.

 7. Right to withdraw from the Contract

The right to withdraw from the Contract excludes the following:

- goods that cannot be sent back, 
- goods that are perishable or have expired, 
- as well as magazines and newspapers. 

That’s why the right to withdraw from the Contract is not applicable to a significant part of the products of Sir Harly's Tea. 

In all other cases, the Client, if he is a consumer of the goods according to the Consumer Right Protection Law, reserves the right to withdraw from the Contract concluded in the online store. Sir Harly's Tea entitles its Clients, if they are consumers of the goods, to withdraw from the Contract within 14 days, while Saturday is not considered a working day, starting from the date of receipt of the goods by the Client. 

It is sufficient to send the statement of withdrawal from the Contract within the specified period. The statement of withdrawal from the Contract shall be sent in written for the following address: 10600, Vienna, Mariahilfer Strasse 45/44, or by e-mail: info@harly-tea.at. After acceptance of the statement of withdrawal from the Contract, the Client shall send the delivered goods back to Sir Harly's Tea at his own expense. The right to withdraw from the Contract does not apply to Contracts for goods that have been produced according to the Client’s specifications.

 

  

8. Responsibilities

Claims for damage recovery to Sir Harly's Tea in relation to the use of this Website and legal transactions of Sir Harly's Tea shall be excluded, except for defects caused to a person, Sir Harly 's Tea or the person for which Sir Harly's Tea vouched and carried responsibility, due to voluntary damage or gross negligence. All data are carefully checked, however, we cannot eliminate errors or misprints.
Sir Harly's Tea is not responsible for the uninterrupted availability of the online presentation and technical or electronic errors in online product range.

The client agrees to keep his password as confidential information, not to disclose it to the third parties, or to provide it to access by unauthorized persons in any other way. Sir Harly's Tea is not responsible for damages due to the purchase by a third party using the Client's password. Sir Harly's Tea is also not responsible for damages due to receiving of parcels by third parties.

 

9. Protection of data subject to non-disclosure and statement of consent

The Client agrees that his personal data in respect of the order in the online store will be automatically stored and processed for the purpose of marketing and customer services by Sir Harly's Tea, and acknowledges the following:

Data processing: we ask to specify only those personal data that are necessary to complete the application, namely, your name, address, e-mail, and contact phone number. Relevant customer information for payment is not collected. The information provided for consideration shall be used solely for completing the application. To deliver the goods ordered, we must transfer the name and address to our logistics partners. However, this does not mean the transfer of information to third parties, and it is not required to carry out the order. 

To receive newsletters from Sir Harly's Tea in TWITTER, Facebook and other social networks and enjoy it in full, the registration and acceptance of all terms of use are required. Sir Harly's Tea bears no responsibility and grants no warranty for such terms. Please carefully check everything before making a decision. 

The right to references / Blocking / Deletion: the Cient at all times have the right to free information, correction, blocking and deletion of his stored data. To receive this information, please, send us a request in writing to the e-mail address: info@harly-tea.at or by mail to the address of the company, specified on the website. In the view of limits to this right, we can stop the deletion of data for the compliance with our requirements.

Marketing / Newsletters: the e-mail address and telephone number are used exclusively for marketing purposes by individual desire and consent of the Client and shall be not a basis for the conclusion of the Contract. This statement of consent may be revoked by the Client for free and at any time. Applications for the right to recall the goods can be sent to the e-mail address: info@harly-tea.at with full name. In addition, each message contains contact information at the end of the document so that you can withdraw from the statement of consent.

 

10. Changes in the general terms and conditions of the transaction, the applicable law, place of jurisdiction

Placement of the order means the acceptance of all conditions of the transaction without exception. Sir Harly's Tea reserves the right, at any time and without giving any reason, to change these terms of transaction, provided that such changes shall have no relation to the previous orders. In case of breach of the transaction, Sir Harly's Tea has the right to prohibit further use of online store by the Client.

The Contract Parties agree that their actions do not interfere with any mandatory regulations and accept applicable law of Austria except for reference norms. The UN Convention on International Sale Contracts, and all rules provided by the UN Convention on International Sale Contracts, shall not be taken into account.

The place of performance of obligations and place of jurisdiction in respect to all services rendered under the Contract shall be the city of Vienna.

If one of the provisions of these terms of the transaction becomes invalid, the rest provisions remain in force and shall not affect the interpretation of the Contract.

 11. Facebook "Like" button

Our Web pages contain Facebook plug-ins and the following address: 1601 South California Avenue, Palo Alto, CA 94304, the United States of America. Facebook plug-ins can be recognized by the logo of Facebook or "Like" button on our Web page. Report on Facebook plug-ins can be found here: http://developers.facebook.com/docs/plugins/. 
When you enter our Web page, the plug-in allows you to pass from your browser to Facebook server. Thus, Facebook receives the information that you have visited our Web page from your IP-address. When you press the Facebook "Like" button at entering your Facebook account, you can link your Facebook profile with our Web page. At the same time, Facebook allows you to enter our Web page using your profile data.  We declare that, as an administrator, we are not concerned about the content of the transmitted data as well as their use on Facebook. Further information you can find in the section “Statement about data subject to non-disclosure" on Facebook, following the link http://de-de.facebook.com/policy.php 
If you do not want to connect your Facebook profile with our Web pages, please log out of your user profile on Facebook.

 

12. Google Analytics Application

To use this Web page you need the Google Analytics Application, service for the analysis of visited Web pages of Google, Inc. ("Google"). Google Analytics Application applies "Cookies", so called initial browser data, text files that are stored on your computer, and with your help analyzes visited Web pages. The data obtained by applying the initial browser data about your use of this Web page is usually passed to the Google server, which is in the United States, and is saved there. However, in the event of activation of IP-anonymizer in respect to this Web page your Google IP-address will be reduced to address of the member states of the European Union or other countries participating in agreement with the European Economic Area. 
The complete IP-address is transmitted to a Google server, located in the United States, and is reduced there only in exceptional cases. By order of the administrator of the Web page, Google uses this information to determine your use of the Web page in numerical terms, to group activity reports on this Web page, and to provide further services on the use of the Web page and use of the Internet, as opposed to the administrator. IP-address transmitted from your browser during the use of the Google Analytics Application will not be combined with any other data from Google. 
You can cancel the storage of initial data by installation of appropriate browser software, but we declare that in this case, under certain conditions, you will not be able to use some capabilities of our Web pages in full. In addition, you can disable the accumulation of transmitted data on Google server, which are created by using the initial browser data and relate to the use of the Web page (including your IP-address), as well as the processing of these data by Google, and you can download and install available plug-in for your browser by clicking on this link:                          
http://tools.google.com/dlpage/gaoptout?hl=de.

 

13. Initial browser data


Initial browser data reflect information that provides you with the ability to easily use our online store. Using the browser, they are saved on the hard disk of your computer and serve only to simplify registration of your online order. For example, the fields "name" and "address" are filled in automatically and are not required in making a new order. Since our initial browser data do not contain specific information about a particular person, your personal sphere of life is protected. The transfer of your personal data for the use by third parties is not performed. The use of our Web page indicates your consent for the collection and use of this information by us.



14. References and Links

References and links to external Web pages are provided for your reference. Sir Harly's Tea is not responsible for the content of external Web pages lead by references and links. Responsibility of Sir Harly's Tea for the links to Web pages is limited by § 17 of the Law on Electronic Commerce. If any suspicious content is found on any referred Web page, please immediately inform Sir Harly's Tea» thereof and we will remove the link after checking. Links to our Web page are allowed only with written consent from Sir Harly's Tea.

 

15. Copyright

 

Sir Harly's Tea stipulates in the Contract any and all rights, especially the right to protection of trademarks and copyrights applied to the entire contents of this Web page, in particular in relation to trade marks, logos, texts, graphics, photos, design and music. If the use of such data may result in the violation of law, any use of these data, in particular the storage of the databases, distribution, treatment or processing, requires the written consent of Sir Harly's Tea. All illustrations of products are encoded symbols.

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