Terms and Conditions

GENERAL TERMS AND CONDITIONS (GTC)

 

 

 

(last modified 05.02.2024)

 

  • 1 General / Scope
  1. These General Terms and Conditions (hereinafter "GTC") apply exclusively to the business relationship between Tamara Popadic, operator and owner of the online shop www.stardust-acrylics.com , Margaretendamm 12, 6923 Lauterach (hereinafter "Stardust Acrylics"), and you (hereinafter "Customer") as a user of the online shop www.stardust-acrylics.com . They are binding for all orders placed via the website www.stardust-acrylics.com .
  2. Tamara Popadic is the owner of an unregistered sole proprietorship based in Lauterach and holds the necessary business license for online trading (excluding regulated businesses).
  3. The current version of the General Terms and Conditions can be downloaded and printed at www.stardust-acrylics.com .
  4. STARDUST-ACRYLICS is entitled to amend these General Terms and Conditions in accordance with Section 16.
  5. STARDUST-ACRYLICS requires that you read these Terms and Conditions before using the website or ordering products. If you do not understand any part of these Terms and Conditions, please contact STARDUST-ACRYLICS for clarification.
  6. Please note that by using the website, especially by ordering a product, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you are prohibited from using the website, especially from ordering products.
  • 2 Order / Registration / User Account / Guest
  1. Registration for our webshop is free of charge. There is no guarantee of access to our webshop. Only persons of full legal capacity (18 years of age or older) are eligible to participate. Upon our request, you are required to send us a copy of your ID card.
    To register, please complete the registration form available on our website and submit it to us online. The information required for registration must be complete and truthful. During the registration process, you will choose a personal username (your email address) and a password. The username must not violate any third-party rights, other name and trademark rights, or morality. You are obligated to keep your password confidential and not to disclose it to third parties under any circumstances.

         Alternatively, you can place your order as a guest. In this case, you don't need to create a user account.

  1. Apart from declaring your agreement to these Terms and Conditions, your registration does not entail any obligations. If you wish to delete your user account, please send an email to office@stardust-acrylics.com . Simply registering for our online store does not create any obligation to purchase any of the products we offer.
  2. If your personal information changes, you are responsible for updating it. All changes can be made online after logging in to "My Account."

  • 3 Conclusion of contract
  1. The presentation of our products does not constitute a binding offer from STARDUST-ACRYLICS, but merely a non-binding online catalog. By clicking the "ORDER WITH PAYMENT" button, you submit a binding offer to purchase the products in your shopping cart (order). After we receive your order, we will send you an email confirming receipt of your order and listing the details of your order (order confirmation).
    Please note that this order confirmation does not constitute acceptance of the contract by STARDUST-ACRYLICS, but merely serves to inform you that your order has been received.
  2. When the contract with STARDUST-ACRYLICS is concluded depends on your chosen payment method:
  • Credit card and VISA: by clicking on the order button
  • Prepayment: by clicking on the order button and sending the prepayment request with bank details to you by STARDUST-ACRYLICS
  • Klarna invoice
  • Klarna Pay Now

         If you pay in advance (instant bank transfer), your order will only be shipped after the full amount has been credited to our account. If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate purchase contract is concluded between us for each shipping confirmation for the products listed in the respective shipping confirmation. Notwithstanding your right of withdrawal under Section 4, you may cancel your order for products free of charge at any time before we send you the corresponding shipping confirmation.

  1. STARDUST-ACRYLICS is not obligated to accept purchase offers from the customer and may refuse acceptance at any time without giving reasons. In this case, STARDUST-ACRYLICS will immediately inform the customer of the non-acceptance of the offer by email. Any payments already made by the customer will be fully refunded.
  2. The key features of the products we offer, as well as the validity period of limited-time offers, can be found in the individual product descriptions on our website. Should the price information on the website be incorrect, STARDUST-ACRYLICS will notify the customer immediately by email and will not process the purchase. If the customer has already paid the purchase price, STARDUST-ACRYLICS will fully refund the amount.
  3. You can identify any input errors when placing your order during the final confirmation before checkout and correct them at any time using the delete and change function before submitting the order.
  4. The data required to process the contract between you and us will be stored by us and accessible to you at any time. In this regard, we refer to the data protection provisions in our Terms and Conditions.
  5. Goods are only sold in household quantities.
  6. Free shipping for orders over EUR 50.00 in Austria.
  7. The language available for concluding the contract is exclusively German.

  • 4 Right of withdrawal for consumers

         As a consumer, i.e., a natural person placing an order for a purpose that is predominantly neither commercial nor self-employed, you have a right of withdrawal. A sample withdrawal form can be found in Appendix I to these Terms and Conditions.

*** CANCELLATION POLICY ***

         As a consumer, you have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.

         To exercise your right of withdrawal, you must notify us, STARDUST-ACRYLICS, owner Tamara Popadic, Margaretendamm 12, 6923 Lauterach, Austria, email: office@stardust-acrylics.com, of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or email). You may use the attached model withdrawal form (Appendix I), but this is not mandatory.

         If you make use of this option, we will immediately send you (e.g. by email) a confirmation of receipt of such a revocation.

         To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.

 

         Consequences of revocation

         If you cancel this contract, we will reimburse you all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract.

         For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund.

         We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.

         You must return or hand over the goods to us (STARDUST-ACRYLICS, owner Tamara Popadic, Margaretendamm 12, 6923 Lauterach) immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract.

         The deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the cost of returning the goods.

         You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

         Exclusion of the right of withdrawal

         Please note that personalized products or goods that are subject to rapid perish are excluded from the right of return. Otherwise, the statutory exceptions apply according to Section 18 of the Distance and Doorstep Selling Act (FAGG).

***End of CANCELLATION POLICY***

  • 5 Processing of returns and refunds
  1. Products must be packaged securely and carefully before returning them. If a product cannot be packaged appropriately, please contact us so we can arrange for collection.

Please send the items exclusively to the following address:
STARDUST-ACRYLICS, owner Tamara Popadic, Margaretendamm 12, 6923 Lauterach, Austria

  1. In case of a return, please use either our online return form or the form attached as Appendix I.
  2. The products you return, including their packaging, must be in their original, unopened condition and show no signs of wear. We recommend that you always retain proof of shipment for returns. Your payment will only be refunded once we have verified that the returned product is in an unopened condition.
  3. The right of withdrawal does not apply to the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
  4. The right of withdrawal does not apply to goods if, due to their nature, they have been inseparably mixed with other goods after delivery.
  • 6 Product images

         The product images on this website are for illustrative purposes only and are intended to give you a general idea of the products. While we do our best to display colors accurately, we cannot guarantee that your device's display of the colors will accurately reflect the color of the product. The actual product may therefore vary slightly from these images.

  • 7 Prices and shipping costs
  1. The prices quoted by STARDUST-ACRYLICS include VAT, but do not include shipping costs. The final price, including shipping costs, is stated with each order.
  2. If our products are not delivered to the European Union (EU), the European Economic Area (EEA) or Switzerland, shipping costs will be charged depending on the country.
  3. Please note that customs and import duties may apply if your products are shipped to a destination outside the European Union. These charges are not included in our shipping costs. Our products are delivered duty unpaid. This means that we are responsible for the transportation costs of delivering the products, but not for paying any customs and import duties related to your product that may be levied at the destination. You are responsible for paying all such charges directly to the relevant authorities.
  4. Promotional prices and special offers are only valid for the specified period or while stocks last.

  • 8 Terms of payment / Retention of title
  1. We generally accept credit cards, VISA, Klarna, and Sofortüberweisung (instant bank transfer). We reserve the right to decline certain payment methods for each order and to refer to other payment methods.
  2. STARDUST-ACRYLICS accepts VISA and MasterCard credit cards. Payment is processed through an external payment service provider. After entering your credit card details, an additional confirmation screen from your bank will appear with all payment information. You must complete the respective authentication process of your credit institution and can then confirm the credit card payment by entering a security code. Further information on the authentication process is available from your credit institution. The customer is liable for any additional costs incurred due to their negligence in using the selected payment method, for example, due to returned direct debits. In the case of purchases made with a credit card or PayPal, your credit card account will be charged when you click the "Order with payment" button.
  3. If you select PayPal as your payment method, you will be automatically redirected to the PayPal page at the end of the ordering process. There you can register and follow PayPal's payment instructions. Your PayPal account will be charged directly with the corresponding purchase amount.
  4. You agree to receive invoices and credit notes exclusively in electronic form.
  5. Please note that we do not cover any transaction costs for payments from accounts outside the European Union (EU) or the European Economic Area (EEA).
  6. The goods remain our property until full payment has been made.
  • 9 Delivery conditions and delivery dates
  1. Delivery is only within Austria and the EU.
  2. STARDUST-ACRYLICS will deliver the ordered products to the delivery address you provide, using a suitable shipping service provider of its choice, such as the Austrian Post. Unless otherwise agreed, delivery will be made to the address you provide (delivery address) during normal business hours. If you have ordered multiple products at the same time, these orders each represent individual contracts, and deliveries will generally be made separately. However, such orders can also be combined into one delivery. This will not incur any additional costs for you.
  3. Any shipping costs are listed in the product description and are shown separately on the invoice.
  4. The indication of delivery times is generally non-binding.
  • 10 Warranty
  1. The statutory warranty provisions apply. STARDUST-ACRYLICS' liability for damages is limited in accordance with Section 12.
  2. If STARDUST-ACRYLICS grants special guarantees, the statutory warranty rights remain unaffected.
  3. STARDUST-ACRYLICS does not guarantee that the website/webshop will be available at all times without interruption or errors.
  • 11 Data protection

         Protecting your privacy is important to STARDUST-ACRYLICS. When using our website, it is necessary to store and process personal data. In our privacy policy, available at [LINK], you can read which personal data STARDUST-ACRYLICS collects from you and how and for what purposes it is processed.

  • 12 Liability
  1. Given the current state of technology, data communication via the internet cannot be guaranteed to be error-free and/or available at all times. STARDUST-ACRYLICS assumes no liability for the constant or uninterrupted availability, freedom from errors in content, or virus-free operation of its online trading system. In particular, STARDUST-ACRYLICS is not liable for cases beyond its control, such as internet connection disruptions or force majeure.
  2. If there are interruptions in the availability of our website/webshop – whereby STARDUST-ACRYLICS will reduce maintenance and development times to a necessary minimum – STARDUST-ACRYLICS shall not be liable to the customer for any loss of data or other resulting damages, unless they are caused by intent or gross negligence.
  3. STARDUST-ACRYLICS is liable without limitation for damages caused by STARDUST-ACRYLICS resulting from injury to life, body, or health (personal injury), as well as for all damages caused intentionally or through gross negligence. STARDUST-ACRYLICS is only liable for slight negligence if essential contractual obligations (so-called cardinal obligations) are violated, whereby liability is limited to the typical and foreseeable damage. Cardinal obligations are those obligations that the contract must grant to the contractual partner according to its purpose or whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely. STARDUST-ACRYLICS is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences. Liability under the Product Liability Act remains unaffected.
  4. The above liability provisions also apply to vicarious agents and legal representatives of STARDUST-ACRYLICS. They apply to all contractual and statutory claims, including those arising from tort.
  • 13 Disclaimer for external links

STARDUST-ACRYLICS provides links to third-party websites on its website and declares that it has no influence on the design or content of the linked pages. STARDUST-ACRYLICS therefore expressly distances itself from all content of all linked third-party websites. STARDUST-ACRYLICS does not adopt the content of the linked pages as its own. This declaration applies to all links on the website and to all content of the pages to which the links refer.

  • 14 Copyright

The customer is permitted to use all copyrighted material used and displayed by STARDUST-ACRYLICS on the website solely for private purposes. Copyrighted material from third parties used by STARDUST-ACRYLICS to display the products it offers may not be used by the customer for their own purposes beyond private use.

  • 15 Online Dispute Resolution

         As a consumer, you have the opportunity to resolve disputes related to the purchase of our products online.
Further information can be found on the website of the European Union https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=DE or the Internet Ombudsman: https://www.ombudsmann.at/ .

  • 16 Final provisions
  1. Any changes or additions to these Terms and Conditions must be made in writing. This also applies to the waiver of this written form requirement.
  2. Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of that country remains unaffected by the choice of law set out in sentence 1.
  3. The place of jurisdiction for any disputes arising from these terms and conditions shall be exclusively the registered office of STARDUST-ACRYLICS, provided that the customer is an entrepreneur within the meaning of Section 1 of the Consumer Protection Act (KSchG). This jurisdiction agreement does not affect the validity of the mandatory applicable laws according to the law of the country in which you, as a consumer, have your domicile or habitual residence.
  4. STARDUST-ACRYLICS reserves the right to make changes to the website, rules, and conditions, including these Terms and Conditions, at any time. STARDUST-ACRYLICS will only make these changes for good cause, including changes in the law, legal requirements, or other important reasons. The Terms and Conditions applicable at the time of the order apply to each purchase.
  5. Should individual provisions of this agreement be invalid or contradict statutory provisions, the remainder of the agreement shall remain unaffected. The invalid provision shall be replaced by mutual agreement between the contracting parties with a legally valid provision that most closely approximates the economic meaning and purpose of the invalid provision. The above provision shall apply accordingly to any gaps in the agreement.

ANNEX I

Cancellation form

If you wish to cancel the contract, please fill out this form and return it by post or email:

To                                            STARDUST ACRYLICS

                                                  Owner: Tamara Popadic

                                                  Margaretendamm 12

                                                  6923 Lauterach

                                                  Austria

                                                  Email: info@stardust-acrylics.com

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods:

            –          Ordered on (*)/received on (*)

            –          Name of the customer(s)

            –          Customer's address

            –          Signature of the customer (only for notification on paper)

            –          Date

(*) Delete as appropriate.