Terms and Conditions

Asvazadurian & Asavazadurian Jewelers Online

General terms and conditions of business

INTRODUCTION

This document (together with the documents referenced herein) sets forth the terms and conditions that govern your use of this website, asvazadurian.at, and the purchase of items (hereinafter referred to as the "Terms"). We encourage you to read these Terms and our Privacy Policy (hereinafter collectively referred to as the "Privacy Policy") carefully before using this Website. By using this Website or placing an order through it, you acknowledge that you are bound by these Terms and our Privacy Policy.

  1. SCOPE
  • The sale of items through this website is offered to you by Asvazadarurian & Asvazadurian Jewelers Online, owner Daisy Asvazadurian, and is carried out under the brand name "Asvazadurian & Asvazadurian Jewelers." You can reach us at: info@asvazadurian.at
  • Our online shop is aimed exclusively at consumers with full legal capacity. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
  • The information or personal data you provide will be processed in accordance with this privacy policy. By using this website, you declare that you consent to the processing of your information and data and that all information and data provided is true and correct.
  • By using this website and placing orders, you agree to:
  • To use this website exclusively for legally valid inquiries and orders.
  • Not to place any false or fraudulent orders. If such an order is deemed to have been placed, we reserve the right to cancel it and notify the relevant authorities.
  • To provide us with your email address, mailing address, and/or other contact details truthfully and accurately. You also agree that we may use this information to contact you if necessary (see our Privacy Policy). If you do not provide us with all the required information, you will not be permitted to place your order. By placing an order on this website, you represent that you are at least 18 years old and legally capable of entering into contracts.

 

  1. CONCLUSION OF CONTRACT
  • The presentation of the products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalogue.
  • A contract between you and us regarding an item will only be formed once your order has been expressly accepted by us. If your offer is not accepted and your account has already been debited, the amount will be refunded in full. To place an order, you must follow the online purchase process and click "Pay Now." You will then receive an email confirming receipt of your order (the "Order Confirmation"). Please note that this does not mean that your order has been accepted—it represents an offer you are making to purchase one or more items. All orders are subject to our approval, of which you will be notified by email within five days, confirming the dispatch of the order (the "Dispatch Confirmation"). The contract between us for the purchase of an item (hereinafter referred to as the "Contract") will only be formed when we send you the Dispatch Confirmation by email. Only the items listed in the Dispatch Confirmation are subject to the Contract.
  • The purchase price is due immediately upon ordering. The product remains our property until full payment is received.
  • We reserve the right not to proceed with delivery until we have received full payment for the goods ordered.

  1. AVAILABILITY OF ITEMS
  • All item orders are subject to availability. In exceptional cases, errors or corrections may occur, particularly when multiple customers order the same item at the same time.
  • In this regard, in the event of delivery difficulties or out-of-stock items, we reserve the right to provide you with information about equivalent or higher-quality replacement products that you could order. If you do not wish to order the replacement products, we will refund the amount you have already paid.

  1. REFUSAL TO PROCESS AN ORDER
  • We reserve the right to remove items from this website at any time and to remove or alter any material or content from it. While we will always make every effort to process all orders, exceptional circumstances may require us to refuse to process an order after we have sent the order confirmation, which we reserve the right to do at any time. We will not be liable to you or any third party for removing any products from this website, removing or altering any material or content from the website, or failing to process an order after we have sent the order confirmation.

  1. PRICES AND PAYMENT
  • The prices of the items on our website are indicated in euros (EUR), unless there is an obvious error.
  • While we make every effort to ensure that the prices shown on the website are correct, errors may occur. If we discover a pricing error for any product you have ordered, we will notify you as soon as possible and give you the option of confirming your order at the correct price or canceling it. If we are unable to contact you, the order will be considered canceled, and any amounts paid will be refunded in full. We are under no obligation to provide you with a product at the incorrect price (even if we have sent the Dispatch Confirmation).
  • The prices on the website do not include shipping costs, which are added to the total price. Prices are subject to change at any time. However, these changes will not affect orders for which we have sent an order confirmation.
  • In our shop you can generally use the following payment methods:
- Prepayment

If you choose to pay in advance, we will send you our bank details in a separate email and deliver the items after receipt of payment.

- Credit card

During the ordering process, you enter your credit card details. Your card will be charged immediately after you place your order.

  • PayPal

To pay the invoice amount via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, authenticate yourself with your login details, and confirm the payment order. The payment transaction will be processed by PayPal immediately after you place your order. Further information will be provided during the ordering process.

 

  • By clicking "Authorize Payment," you confirm that the credit card belongs to you or that you are the legal owner of the specified bank account. Credit cards are subject to verification and authorization by the card issuing authority, but if the issuing authority does not authorize the payment, we are not liable for any delays or non-deliveries and cannot formalize a contract with you.

  1. DELIVERY CONDITIONS

 

  • We deliver the items exclusively to delivery addresses within Austria in accordance with the agreements made with you.

  • The customer is obligated – during the period between order and delivery – to notify us immediately of any changes to their email address or other contact details. Failure to do so will result in notifications being deemed received even if sent to the last address provided.

  • Unless otherwise specified in the item description, the item will be delivered in Austria within 5 days by our delivery partner GoRocket GmbH & Co KG (hereinafter referred to as "GoRocket") after receipt of the order confirmation. Please note that no deliveries are made on Sundays and public holidays.

  • However, delays may occur due to the individual nature of the item or the occurrence of unforeseen circumstances in the delivery area. If we are unable to meet the delivery date for any reason, we will notify you with a new delivery date and give you the option of continuing with the purchase or canceling the order with a full refund.

  • For the purposes of these Terms and Conditions, "delivery" or the order shall be deemed to be "delivered" when you or a third party designated by you acquires physical possession of the item, which shall be evidenced by signing for receipt of the order at the agreed delivery address.

  • If, for reasons beyond our control, we are unable to deliver your order to the address you provided, your order will be returned to us. In this case, we have the right to assume that you wish to terminate the contract. As a result of termination, we will reimburse you all payments received from you, including delivery costs (except for additional costs resulting from your choice of a delivery method other than the one we usually offer), without undue delay and in any event not later than 14 days from the date on which we consider the contract to be terminated. Please note that you may incur additional transport costs as a result of termination of the contract, which we may pass on to you.

  • Customers residing outside of Austria have the option of picking up the ordered item from Asvazadurian & Asvazadurian Juweliere, Wollzeile 35, 1010 Vienna, Austria during the business hours specified below, Monday to Friday from 10:00 a.m. to 6:00 p.m.

  1. ONLINE PRESENTATION OF THE ARTICLES

 

  • The product images shown in the online shop may differ from the appearance of the delivered items due to the unique characteristics of the precious materials used.

  • We select only the highest quality products; as a result, natural characteristics are unavoidable and should be accepted as part of the individual appearance of the item. Such variations do not constitute a defect in the ordered items.

 

 

  1. WARRANTY AND GUARANTEES

 

  • The statutory rights of the consumer regarding warranty/liability for defects apply, so ASCO Goldschmiedwerkstätte GMBH provides a warranty for existing defects within two years of delivery. Warranty claims are excluded in cases of improper use or external force.

  • If the items purchased and delivered in our online shop are defective, you are entitled, within the framework of the statutory provisions, to demand subsequent performance (improvement or replacement), to withdraw from the contract or to reduce the purchase price.

  • The warranty applies exclusively to any material or manufacturing defects. The warranty guarantees the right to repair all manufacturing defects that occur during the warranty period, unless caused by the customer through improper use, such as severe impacts, extreme heat, or cold.

  • In cases where you believe the item is not defective upon delivery, you must contact us immediately at info@asvazadurian.at and inform us of the item details and any defect. Upon receipt of your notification of defect, we will email you a prepaid return label. Upon receipt of our email, you must return the item accompanied by the original invoice and, preferably, in its original packaging. We will carefully inspect the returned product and notify you by email within a reasonable time whether the product can be replaced.

  • Repairs carried out by unauthorized persons will void your warranty.

  • If you decide to cancel the contract, you must return all services received by both parties and surrender any benefits derived from them. If you are unable to return the received service in whole or in part, or only in a deteriorated condition, you may be required to compensate us for the loss of value.

  1. LIABILITY

 

  • Unless expressly stated otherwise in these Terms, our liability in respect of any product purchased from our website is limited solely to the purchase price of that product. Notwithstanding the foregoing, our liability will not be waived or limited in the following circumstances:
  • in the event of injury to life, body or health;
  • in the event of intentional or grossly negligent breach of duty or malice;
  • in the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely;

In the latter case, however, we are only liable for foreseeable, contract-typical damages. We exclude liability for slightly negligent breaches of obligations other than those mentioned in the preceding sentences.

  • Due to the open nature of the online store website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of any information transmitted or received through this website.

  1. INTELLECTUAL PROPERTY

 

  • You acknowledge and agree that all copyright, registered trademarks, and other intellectual property rights in the materials or content of the Site are at all times owned by us or those who have licensed them to us. You may use such material only to the extent expressly authorized by us or the licensors of such materials.

  1. RIGHT OF WITHDRAWAL

 

  • You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period expires 14 days from the day on which you or a third party designated by you acquires physical possession of the item.

  • To exercise your right of withdrawal, you can notify us of your decision to withdraw from this contract by email at info@asvazadurian.at or through the self-serve return function in the customer portal. To meet the withdrawal deadline, it is sufficient for you to send your notification of your exercise of the right of withdrawal before the expiry of the withdrawal period.

  • After receiving your cancellation notice, we will email you a prepaid return label. We will cover the cost of returning the items.

  • You must return the items you wish to return as soon as possible, but no later than 14 days after the date you notified us of your cancellation of your purchase, to the address "Asvazadurian & Asvazadurian Juweliere" Wollzeile 35, 1010 Vienna, using only the return label provided by us through "GoRocket." This deadline is met if you return the item before the expiry of the 14-day period.

  • If you withdraw from this contract, we will reimburse you all payments we have received from you, including delivery costs, promptly and no later than 14 days after the day on which we were informed of your decision to withdraw from this contract. We will use the same means of payment you used for the original transaction for this reimbursement.

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

  • All returns must be accompanied by the return form and preferably returned in their original packaging. Please note that all returns are subject to a quality control check before acceptance. After inspecting the returned item, we will inform you whether you are entitled to a refund.

  • Any item that shows signs of wear, damage, or tampering, or whose security tag (if present) has been removed, will not be accepted for return. You will be responsible for any loss of value resulting from handling that is not necessary to maintain the quality, characteristics, and, where applicable, functionality of the item.

  • For items that are made to customer specifications or are clearly tailored to the customer's personal needs, such as adjusting the size or replacing gemstones, cancellation is excluded.

  1. CUSTOMER SERVICE

 

  • Information about our products and contract processing can be found on the information pages in our online shop or can be received by email upon request.

  1. FINAL PROVISIONS

 

  • The language available for concluding the contract is exclusively German. In the event of any discrepancies between the language versions of these Terms and Conditions, the German text shall prevail.

  • The version of these terms and conditions valid at the time of the order applies. Amendments and additions to these terms and conditions must be made in writing to be effective. Oral or written ancillary agreements are only binding on ASCO Goldschmiedwerkstätte GMBH after written confirmation.

  • We reserve the right to review and change these Terms at any time. You will be subject to the terms in effect at the time you use this website or place any order, unless we are required to make retroactive changes to these Terms or Privacy Policy due to legislation or government regulations. In this case, such changes may also affect orders you have previously placed.

  • The use of our website and the contracts concluded through this website are governed by the laws of the Republic of Austria. All disputes arising from or related to the use of the website or these contracts are subject to the jurisdiction of the courts of the Republic of Austria.

  • Should any of these Terms and Conditions or any provision of the Contract be declared invalid by a decision of the competent authority, the remaining Terms and Conditions shall remain unaffected.

  • We will not be liable for any failure or delay in performing any of our obligations under the Contract if they are caused by events beyond our reasonable control ("Force Majeure"). Force Majeure includes any act, event, omission, or accident that is beyond our reasonable control, including, but not limited to:
  • Strike, lockout or other protest actions.
  • Civil unrest, revolt, invasion, terrorist attack or threat of terrorist action, war (declared or undeclared) or threat or preparation for war.
  • Fire, explosion, storm, flood, earthquake, collapse, epidemic or other natural disasters.
  • Impossibility of using trains, ships, aircraft, motorized vehicles or other public or private means of transport.
  • Impossibility of using public or private telecommunications systems.
  • Decrees, laws, regulations or restrictions of the government or authority.

It is understood that our obligations will be suspended for the duration of the force majeure event, and we will be granted an extension of time for fulfilling these obligations for a period corresponding to the duration of the force majeure situation. We will use all reasonable means to end the force majeure situation or to find a solution to fulfill our obligations under the contract despite the force majeure situation.