§ 1 Terms & Conditions
Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
These terms and conditions are to be construed in accordance with the laws of Austria and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Austrian courts.
§ 2 Area of Coverage
§ 3 Conclusion of Contract
Your order represents an offer for closing a purchase contract with us. When you place an order on maschalina.com, we will send you an e-mail confirming the receipt of your order (order confirmation). This order confirmation does not represent an acceptance of your offer, but should merely inform you that your order has reached us. A purchase contract is only in effect when we have sent you the ordered product and confirm the shipment in a second e-mail (shipment confirmation). There is no purchase contract for products from one and the same order, which are not listed in the shipment confirmation.
We store your order data. If you wish to print out your order, you can print out an "order confirmation". This will appear on your screen after you have sent the order to us by pressing the "Finish" button and your credit card data has been successfully checked. In addition, you will receive the order confirmation with all the data given by e-mail, which can also be printed out.
§ 4 Agreement on Costs of Returns, Right of Withdrawal and Exemption
Agreement on Cost-Bearing Obligations:
If you make use of your right of withdrawal, you must bear the regular costs of the reshipment.
Right of Withdrawal:
You can revoke your declaration of agreement within 7 days, without indication of reasons, in writing (e.g. letter, e-mail) or – if the item has been delivered before the deadline – by reshipping the item. The deadline begins after the receipt of these instructions in writing, but not before the recipient has received the item.
In the event of a valid revocation of this agreement each party shall return to the respective other party the services or products received and, if applicable, utilized usages (e.g. interest) shall be returned. Should you be entirely or partly unable to return to us the services o products received, or only able to return them in a deteriorated state, you are liable to pay according compensation. This does not apply with respect to goods being handed over in the event that such deterioration is exclusively due to your inspecting the items as you would have been able to do in a retail shop. You may also avoid an obligation for compensation payments if you do not take possession of the item as if you were the owner and if you refrain from doing anything that might adversely affect the value of the item.
We ask you to return the product preferably in its original packaging or at least in appropriate transport packaging to the following address:
Mascha Lina Borodin
Exemptions to the Right of Withdrawal:
The right to withdrawal for distance contracts does not apply to the shipment of goods that have been custom-made or are clearly tailored to the customer’s personal needs or which, by reason of their quality, are not suited for reshipment.
§ 5 Delivery
Unless agreed upon differently, the delivery is carried out from the maschalina.com warehouse to the address provided by the customer. On our website, you will find information on the stock availability of individual products. It should be noted that all information on availability, shipment and delivery of a product is merely estimated information and an approximate value. It does not represent binding or guaranteed shipment or delivery dates, except if the delivery options of a particular product explicitly specify a binding date. In the event that during the processing of your order maschalina.com determines that products you have ordered are not available, you will be separately informed per e-mail. In the event that a delivery to the customer is not possible because the customer cannot be reached at the address provided, the customer carries the costs for the unsuccessful delivery.
The standard shipping within Austria costs € 5.90 - within Germany € 9.90. From a shopping cart of € 100.00 the delivery will be free of shipping costs. Customers who are resident in all other EU countries will be charged € 14.90. In this case the delivery will be free of charge from a shopping cart of € 250,00.
The delivery takes place with the Deutsche Post AG (DHL), Austrian Post AG and FedEx.
The delivery time is 2 to 7 days from receipt of payment. If delivered articles show obvious material or manufacturing defects, including transport damages, please claim such defective goods to us. However, the non-compliance of this complaint has no consequences for your legal claims.
§ 6 Due Date and Payment, Delay
The customer can pay the purchase price with cash on delivery or a credit card. The payment is to be made in the currency that appears on the invoice.
If you would like to pay with a credit card, you have to specify the required details on the order form. Maschalina.com will not commence arranging or delivering the ordered products before your credit card company has cleared your credit card for the payment of the ordered products.
The invoice and the ordered products will be sent to the address provided in the order confirmation.
Please see www.paypal.com for information on PayPal payments.
The prices shown on our website include any VAT (or similar sales tax) at the prevailing rate for which we are responsible as the seller. The amount you pay will be the price indicated plus any delivery charges. The delivery charges will depend on the delivery option that you choose and will be shown during the checkout process.
Mascha Borodin, Maschalina Designs
IBAN: AT63 3500 0000 9412 4195
§ 7 Price
All prices include the applicable value added tax. Shipping costs are quoted separately.
§ 8 Reservation of Proprietary Rights
Until payment has been completed, the delivered goods remain property of Maschalina Designs.
§ 9 Liability for defects
In the event of a defect product, statutory provisions apply. The assignment of the customer’s claims is ruled out. If the subsequent performance takes place during the compensation delivery, the customer is obligated to return the initially delivered goods within 7 days.
The reshipment of the defect goods must take place according to statutory provisions. Maschalina.com reserves the right to assert compensation for damages according to the conditions regulated by law. The statutory period of limitations is two years, counted from the date of delivery.
Moreover, maschlina.com is liable for the negligent breach of essential aspects, the breach of which endangers attaining the purpose of the contract, or for the breach of obligations whose implementation allows for the proper execution of the contract and the adherence to which you depend on. In this case, maschalina.com is only liable for damages that are foreseeable and typical for this type of contract.
Maschalina.com is not liable for the negligent breach of obligations that are not mentioned in the preceding paragraphs. The above-mentioned limitations of liability are not applicable for damage to life, body or health, for defects arising after the acceptance of a guarantee for the quality of the product and for willfully concealed defects. The liability according to the product liability law remains unaffected.
To the extent that maschalina.com’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and auxiliary persons.
Disclaimer: the goods displayed on the website were photographed digitally. There may be slight discrepancies between the representation of the commodity and the reality; Such deviations do not represent a defect of the goods ordered.
§10 Processing and Use of Our Customer’s Personal Information
We save, process and use the personal data you provide on the order form, in order to execute the order. We give some of this information to the contracted shipping companies for the execution of the order. On written request, you will receive, free of charge, a list of the data we have saved regarding your person. We will adjust any incorrectly saved data upon your written request. As far as you comply with a utilization of your personal data that is not already legal, you can revoke this compliance at any given time.
What are cookies?
Cookies are small text files that websites save to your computer.
There are four different types of Cookies:
Site functionality cookies – these cookies allow you to navigate the site and use our features, such as “Add to Bag” and “Save for Later”.
Site analytics cookies – these cookies allow us to measure and analyse how our
customers use the site, to improve both its functionality and your shopping experience.
Customer preference cookies – when you are browsing or shopping on Maschalina Designs, these cookies will remember your preferences (like your language or location), so we can make your shopping experience as seamless as possible, and more personal to you. For example cookies help us to remember which goods are in your online shopping basket.
Targeting or advertising cookies – these cookies are used to deliver ads relevant to you. They also limit the number of times that you see an ad and help us measure the effectiveness of our marketing campaigns.
Cookies are commonly used to improve browsing experience; measure website performance; support the delivery of services; and support sharing information through social media, such as Twitter or Facebook.
§ 11 Force Majeure
In the event that we are prevented from fulfilling our obligations due to a force majeure or other circumstances beyond our control, we assume no liability.
If cases of force majeure or other circumstances beyond our control lead to a delay, we will fulfil our obligations as soon as it reasonably possibly under the circumstance.
Austrian law applies to all contracts and agreements between the customer and Maschalina Designs, with the exclusion of the UN purchase law.
The court of jurisdiction for any disputes shall be Vienna or the court of jurisdiction provided for by law.
Any use of the site or its contents, including copying or storing it or them in whole or part,
other than for your own personal, non-commercial use is prohibited without our permission.