Terms of service

Asvazadurian & Asvazadurian Juweliere Online

INTRODUCTION

This document (together with the documents referred to herein) sets out the general terms and conditions governing the use of this website asvazadurian.at and the purchase of items (hereinafter referred to as the “Terms”).

We recommend that you read these Terms and our Privacy Policy (hereinafter collectively referred to as the “Data Protection Policies”) 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 Data Protection Policies.

1. SCOPE

The sale of items through this website is offered by:

Asvazadurian & Asvazadurian Juweliere Online
Owner: Daisy Asvazadurian
Wollzeile 35, 1010 Vienna, Austria

(hereinafter referred to as “Asvazadurian & Asvazadurian Juweliere Online”)

The business operates under the brand name “Asvazadurian & Asvazadurian Juweliere”.

You can contact us at: info@asvazadurian.at

Our online shop is intended exclusively for 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 professional activities.

The information or personal data you provide will be processed in accordance with the Data Protection Policies. By using this website, you consent to the processing of such information and data and confirm that all information provided is accurate and truthful.

By using this website and placing orders, you agree to provide us with your email address, postal 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 all required information, you may not place an order.

By placing an order through this website, you declare that you are at least 18 years old and legally capable of entering into binding contracts.

2. CONCLUSION OF CONTRACT

The presentation of 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 for the purchase of an item is only concluded when your order has been expressly accepted by us.

If your offer is not accepted and your account has already been charged, the full amount will be refunded to you.

To place an order, you must follow the online purchasing process and click on “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, as it constitutes an offer by you to purchase one or more items.

All orders are subject to our acceptance, which you will be informed about via email within five days by means of a shipping confirmation (the “Shipping Confirmation”).

The contract between us (hereinafter referred to as the “Contract”) is only concluded when we send you the Shipping Confirmation by email. Only the items listed in the Shipping Confirmation form part of the contract.

The purchase price is due immediately upon placing the order. The product remains our property until full payment has been received.

We reserve the right to proceed with delivery only after full payment for the ordered goods has been received.

3. AVAILABILITY OF ITEMS

All orders for items are subject to availability. In exceptional cases, errors or corrections may occur, particularly if multiple customers place orders for the same item at the same time.

In this context, we reserve the right, in the event of delivery difficulties or if items are no longer in stock, to provide you with information about substitute products of equal or higher quality that you may order.

If you do not wish to order such substitute products, we will refund any amount already paid.

4. REFUSAL TO PROCESS AN ORDER

We reserve the right to remove any items from this website at any time and to remove or edit any material or content on it.

Although we will always do our best to process all orders, exceptional circumstances may arise that require us to refuse to process an order after having sent the Order Confirmation. We reserve the right to do so at any time.

We shall not be liable to you or any third party for removing any product from this website, for removing or modifying any material or content on the website, or for failing to process an order after we have sent the Order Confirmation.

Here is the full English translation of Sections 5 and 6, keeping your legal structure, detail level, and wording as closely as possible:

5. PRICES AND PAYMENT

The prices of the items are stated on our website in euros (EUR), except in the case of an obvious error.

Although we strive 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 inform you as soon as possible and give you the option to confirm or cancel your order at the correct price.

If we are unable to contact you, the order will be considered cancelled and any amounts already paid will be fully refunded. We are not obliged to provide you with a product at an incorrect price (even if a shipping confirmation has already been sent).

Prices on the website do not include shipping costs, which will be added to the total price. Prices may change at any time, but such changes will not affect orders for which we have already sent an order confirmation.

The following payment methods are generally available in our shop:

  • Prepayment (bank transfer): If you choose this payment method, we will provide our bank details in a separate email and ship the items after receipt of payment.

  • Credit card: You enter your credit card details during the ordering process. Your card will be charged immediately upon completion of the order.

  • PayPal: To pay via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, log in with your credentials, and confirm the payment instruction. The payment transaction is carried out immediately after the order is placed. Further information is provided during the ordering process.

  • EPS: (Electronic Payment Standard) is a direct and secure bank transfer payment method. EPS allows you to pay for your order via your online banking account.

  • Sofort by Klarna: With the payment service provider Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, you can pay using your online banking credentials. The payment is processed immediately, and the amount is directly debited from your bank account.

  • Klarna invoice: If you select Klarna invoice as your payment method, you agree to pay for the purchase at a later date, within 30 days from the date the order is placed, via the payment service provider Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden. For questions regarding payment, please contact Klarna.

By clicking “Authorize payment,” you confirm that the credit card belongs to you or that you are the authorized account holder of the specified bank account. Credit cards are subject to verification and authorization by the issuing bank. If the payment is not authorized, we are not responsible for any delay or non-delivery and cannot conclude a contract with you.

6. DELIVERY TERMS

We currently deliver orders within Austria as well as to the following European countries:

Germany, Belgium, Czech Republic, Denmark, Finland, France, Ireland, Italy, Netherlands, Norway, Poland, Portugal, Spain, Sweden, Cyprus, Bulgaria, Croatia, Estonia, Greece, Hungary, Latvia, Lithuania, Luxembourg, Malta, Monaco, Serbia, Slovakia, Slovenia, and Vatican City.

Shipping costs depend on the delivery destination and the order value and are automatically calculated at checkout before completing the order.

The customer is obliged—during the period between order placement and delivery—to immediately inform us of any changes to their email address or other contact details. If such notification is not made, declarations are considered received even if sent to the last known address.

Unless otherwise stated in the product description, delivery within Austria takes place within 5 days after receipt of the order confirmation via our delivery partners Austrian Post or GoRocket GmbH & Co KG (hereinafter referred to as “GoRocket”). Please note that no deliveries are made on Sundays or public holidays.

However, delays may occur due to product customization or unforeseen circumstances in the delivery area. If we are unable to meet the delivery deadline for any reason, we will inform you of a new estimated delivery date and give you the option to proceed with the order or cancel it with a full refund.

For the purposes of these Terms, “delivery” or “delivered” is considered to have occurred once you or a third party designated by you has obtained physical possession of the item, evidenced by signature upon receipt at the agreed delivery address.

If we are unable to deliver your order to the specified address for reasons beyond our control, the order will be returned to us. In this case, we are entitled to assume that you wish to terminate the contract. As a result, we will refund all payments received, including shipping costs (except additional costs resulting from your choice of a delivery method other than our standard delivery), without undue delay and in any case within 14 days from the date we consider the contract terminated.

Please note that additional transport costs may arise due to the termination of the contract, which we are entitled to charge you.

If additional costs are incurred by the seller due to an incorrect delivery address, incorrect recipient details, or other circumstances resulting in failed delivery, these costs shall be borne by the customer, unless the customer is not responsible for the incorrect information or impossibility of delivery. The same applies if the customer is temporarily unable to accept delivery, provided that the seller has announced delivery within a reasonable period in advance, unless the customer validly withdraws as a consumer.

7. ONLINE PRESENTATION OF 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 products of the highest quality; as a result, natural variations are unavoidable and must be accepted as part of the individual appearance of the item. Such variations do not constitute a defect in the ordered goods.

8. WARRANTY AND GUARANTEES / LIABILITY

The provisions of statutory warranty law apply.

The seller is liable for ensuring that the goods, in addition to the contractually agreed characteristics, also possess the objectively required characteristics. This does not apply if the consumer expressly and separately agrees at the time of conclusion of the contract to a deviation from objectively required characteristics, which is deemed to occur through the order after being specifically informed of such deviation in the product description.

If the customer acts as a business customer:

  • minor defects generally do not give rise to warranty claims,
  • the seller has the right to choose the type of remedy,
  • the limitation period does not restart if a replacement delivery is made under warranty.

If the customer is an entrepreneur within the meaning of the Austrian Commercial Code (UGB), they are subject to the obligation to inspect and notify defects in accordance with § 377 UGB. If the customer fails to comply with these notification obligations, the goods are deemed accepted.

The seller’s liability for slight negligence is excluded unless personal injury is involved. These liability provisions also apply to the seller’s vicarious agents and legal representatives.

If the items purchased and delivered through our online shop are defective, you are entitled under statutory provisions to demand subsequent performance (repair or replacement), withdraw from the contract, or reduce the purchase price.

The warranty applies exclusively to material or manufacturing defects. Any guarantee covers the repair of manufacturing defects occurring during the warranty period, provided they were not caused by improper use such as strong impacts, extreme heat, or cold.

If you believe that an item is defective at the time of delivery, you must contact us immediately at info@asvazadurian.at and provide the item details and a description of the defect. Upon receipt of your claim, we will send you a prepaid return label by email.

After receiving our email, you must return the item together with the original invoice and preferably in its original packaging. We will carefully inspect the returned product and inform you within a reasonable period by email whether the product can be repaired or replaced.

Repair work carried out by unauthorized persons will void your warranty rights.

If you choose to withdraw from the contract, both parties must return the services received and any benefits derived from them. If you are unable to return the received goods in full or in part, or only in a deteriorated condition, you may be required to compensate us for the corresponding value.

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

9. INTELLECTUAL PROPERTY

You acknowledge and agree that all copyrights, registered trademarks, and other intellectual property rights in the materials or content on the website at all times belong to us or to those who have granted us a license to use them.

You may use this material only to the extent expressly authorized by us or the respective licensors.

10. 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 after 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 may inform us of your decision to withdraw from this contract by email at info@asvazadurian.at or via the self-service returns function in the customer portal.

To meet the withdrawal deadline, it is sufficient that you send your communication before the withdrawal period expires.

Upon receipt of your withdrawal declaration, we will send you a prepaid return label by email.

You must return the items you wish to send back without undue delay and in any event no later than 14 days from the date on which you informed us of your withdrawal, to the following address:

Asvazadurian & Asvazadurian Juweliere
Wollzeile 35
1010 Vienna
Austria

Returns must be sent exclusively using the return label provided by us.

The return shipment must be carried out via the same shipping provider used for the original delivery:

  • If your order was shipped via Austrian Post, the return must also be made via Austrian Post.
  • If your order was shipped via GoRocket, the return must also be made via GoRocket.

If you withdraw from this contract, we will reimburse all payments received from you without undue delay and at the latest within 14 days from the day we are informed of your decision to withdraw. For returns, we retain an amount equal to the original shipping costs to cover return shipping costs.

We will use the same payment method that you used for the original transaction unless otherwise expressly agreed.

We may withhold reimbursement until we have received the returned goods or until you have provided proof that you have sent back the goods, whichever is earlier.

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

Any item showing signs of wear, damage, tampering, or from which the security tag (if applicable) has been removed will not be accepted for return.

You are liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the item.

For items made to customer specifications or clearly personalized to the customer’s needs—such as resizing or replacing gemstones—the right of withdrawal is excluded.

11. CUSTOMER SERVICE

Information about our products and contract processing can be found on the information pages of our online shop or is available upon request via email.

12. JURISDICTION / APPLICABLE LAW

All legal relationships between the parties shall be governed by the law of the Republic of Austria, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

The place of jurisdiction for all disputes arising out of or in connection with this contractual relationship shall, to the extent legally permissible, be Vienna, Austria.

For contracts with consumers who have their domicile or habitual residence in another Member State of the European Union, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their domicile or habitual residence, in particular pursuant to the Rome I Regulation.

In relations with business customers, the court with subject-matter jurisdiction at the seller’s registered office shall be agreed as the exclusive place of jurisdiction.

The place of performance shall be the seller’s registered office.

13. FINAL PROVISIONS

The version of these Terms and Conditions valid at the time of the order shall apply.

Amendments and additions to these Terms and Conditions must be made in writing to be effective. Verbal or written ancillary agreements shall only be binding on Asvazadurian & Asvazadurian Online upon written confirmation.

We reserve the right to review and amend these Terms and Conditions at any time. You will be subject to the Terms and Conditions in force at the time you use this website or place any order, unless we are required by law or decisions of public authorities to make retroactive changes to these Terms and Conditions or the Privacy Policy. In such cases, such changes may also affect orders you have previously placed.

If any of these Terms or contractual provisions are declared void by a competent authority, the remaining provisions shall remain unaffected.

We shall not be liable for any failure or delay in performing our contractual obligations if such failure or delay is caused by events beyond our reasonable control (“force majeure”).

Force majeure includes any act, event, omission, or accident beyond our reasonable control, including but not limited to:

  • strikes, lockouts, or other industrial actions
  • civil unrest, riots, invasions, terrorist attacks or threats, war (declared or undeclared), or threat/preparation of war
  • fire, explosion, storm, flood, earthquake, collapse, epidemic, or other natural disasters
  • impossibility of using trains, ships, aircraft, motor vehicles, or other public or private transport systems
  • impossibility of using public or private telecommunications systems
  • decrees, laws, regulations, or restrictions imposed by governments or authorities

It is understood that our obligations shall be suspended for the duration of the force majeure event, and the time for performance shall be extended accordingly for the duration of the delay.

We will use all reasonable efforts to bring the force majeure situation to an end or to find a solution by which our contractual obligations may still be performed despite the force majeure event.