Welcome to the Website of Nina Levett, owner of the website NINALEVETT.com.
The following terms regulate the contract between Nina Levett (also called “seller”) and the clients of the website NINALEVETT.com.
If one of the terms of the General Terms listed here is not held valid, the rest of these General Terms remain untouched. The invalid term will be replaced by another term which is the most similar as to its meaning. The same is valid for missing terms.
1. General Terms
1. Nina Levett produces handmade products. The imperfections of the products or their print are neither considered errors, they are part of the design. To maintain the original qualities please obey the instructions given on the website or sent in the text with the product.
2. Clients obey the laws in vigor when using the website NINALEVETT.com.
3. The content of the website can not be copied or dispersed or used or published in any way without the permission of the rights’ holder. This is also valid for robot/crawler or automated mechanisms. The layout of the website and the general terms may only be used or reproduced with Nina Levett’s permission.
4. The price of the goods is a price of the product including VAT and other parts of the price. The product price does not include shipping costs.
5. When the client clicks on the button: „Buy“, „ Add to cart“ the client accepts the offer to sell the product. With click on the button „Buy“ or „ Add to cart“ the sales contract is valid.
6. Before the client accepts to buy the product he has the possibility to control the data of the product and to correct the data if he requires it.
7. In case a client buys the products from a country other than Austria, the client has to make sure he controls any taxes or payments (including VAT or toll) that he has to pay. The seller cannot be held responsible for this.
8. When the payment is received by the seller, the seller will send the goods within the terms stated on the website.
9. The client pays the price of the products and the shipping cost (depending on the ordered products) in one of the payment modes available on the website.
10. If the online payment solution is not available temporarily because of a disturbed functioning, the client can chose another payment option or to cancel the order.
11. Nina Levett can exclude a client from buying from the website, if there is a concrete possibility that the client has broken laws, the rights of third parties, the General Terms listed here or to protect herself or other parties from fraud or damage.
12. Nina Levett can exclude a client from buying from the website, if he has given wrong contact data, a wrong email address or other wrong information relevant to the contract.
2. Return of Goods
2.1. Return of goods for clients from Germany
2.2. Withdrawal from declaration to buy goods
The client can withdraw from the declaration to buy goods within two weeks in written Form (letter, fax, email) or by sending the goods back to the seller. The term starts when the goods are received including a text containing a declaration of the possibility to withdraw from the contract. To maintain the term it is enough to have sent the declaration to withdraw the contract or the goods in time.
Please address the withdrawal to: Nina Levett, email email@example.com.
2.3. Consequences of withdrawal from declaration to buy goods
In case of a withdrawal from declaration to buy goods the received money is to be given back to the client and profit of the use of the money (credit rate) is to be added. The client has to return the goods to the seller. If the goods are not returned in the state they were sent, the value depreciation has to be refunded in money to the seller.
The client has to pay for the shipping of the returned goods, if the price of the goods is less than 40 EUR or if your payment has not been made at the time of the shipping.
In other cases the shipping of the return is free for the client. If the return shipping is not possible by parcel, the product may be collected by the seller.
2.4. Return of goods for clients from Austria
1. The client can withdraw from the declaration to buy goods within one week in written Form (letter, fax, email) or by sending the goods back to the seller. The term starts when the goods are received including a text containing a declaration of the possibility to withdraw from the contract. To maintain the term it is enough to have sent the declaration to withdraw the contract or the goods in time.
Please email firstname.lastname@example.org
The danger of the shipping and the proof thereof lies on the side of the client. If the client sends back the products within the terms preindicated the seller will pay back all the money received for the products.
3. References to § 5a until § 5j KSchG for the contracts made via internet:
a) The term for sending back the products is 7 working days, considering that Saturday is not a working day. The first day of the term is the day the client receives the products.
b) Nina Levett complies to § 5d Abs 2 KSchG. If Nina Levett does not comply with this article, the term is extended to 3 months after the moments listed in § 5e Abs. 2 KSchG. If Nina Levett does not comply with the information duty within the terms provided, the terms starts at the time when the information is given to the client by Nina Levett following the term specified in § 5e Abs. 2 KSchG.
3. Applicable Law, written form, changes of address
1. Changes of the client’s address have to be communicated immediately. The goods are held to be received if they reach the address communicated at the time of sending.
2. The email address is: email@example.com. Nina Levett can change this email address when he wants. The new email address will be published on the website.
3. The client gives permission that he can be contacted by Nina Levett using his contact data to inform him about new products or for advertising purposes. The client can withdraw this permission at any time.
4. All agreement, changes, variations have to be made in writing. No oral agreements are valid.
5. The use of the website and any legal concerns resulting from the website NINALEVETT.com and the General Terms and Conditions underly the Legal System of the Austrian Republic as far as no other law specifically overrules this (especially specific consumer rights).
6. For any legal problems resulting from the website NINALEVETT.com and its users the relevant court in Vienna is to be summoned.
Vienna, 17th December 2011
This post is also available in: German