GENERAL TERMS AND CONDITIONS
regarding the use of the vietransfers.at WEBSITE and ONLINE STORE and for making purchases through it.
These “General Terms and Conditions” govern the terms and conditions for use of the website https://www.vietransfers.at (hereinafter referred to as “the Website”) by THE CUSTOMERS of the services offered by the Website;
the conditions, procedure and manner of concluding sale/purchase Contracts between the Seller and the Customers; the rights and responsibilities of the Parties under the sale/purchase contract concluded between them.
I. GENERAL PROVISIONS
1. These “General Terms and Conditions” represent a sale/purchase contract between the Parties: Filip Filipov from the one side and the potential Customer on the other side.
1.1. Filip Filipov is a sole proprietor registered in Austria with registered office and management address in Zur Spinnerin 1/5/537, Wien 1100, offering for sale his services at the Online Store at address: https://www.vietransfers.at, hereinafter referred to as “the Seller”.
1.2. “Customer” is every legally capable natural person or legal entity who has given consent to these General Terms and Conditions in connection with the ordering and purchase of services offered through the Online Store.
2. Filip Filipov provides the Customer with the opportunity to purchase the services offered in the Online Store by placing an order and paying the respective sales price, while the General Terms and Conditions shall be applicable, effective and binding for the Customer, with the latter giving its explicit consent in the manner described below.
2.1. The acceptance of these General Terms and Conditions by the Customer is fulfilled by marking the field (the checkbox) “I have read the General Terms and Conditions and I accept them” within the procedure of registration or during the process of placing an order by a Customer with “guest” status on the Website and after the Customer has entered the personal data required by these procedures.
2.2. The acceptance of the General Terms and Conditions in the above manner creates an irrebuttable presumption that the Customer has read their content before accepting them and that he accepts them. By marking the field (the checkbox) “I have read the General Terms and Conditions and I accept them” the Customer makes an electronic statement within the meaning of the Electronic Document and Electronic Signature Act, declaring that it is familiar with these General Terms and Conditions and accepts them.
2.3. The general conditions are available to every visitor of the Website.
2.4. Filip Filipov reserves the right to change the General Terms and Conditions for using the Website at any time, without prior notice, and in case of change, the amended Terms and Conditions shall be published on the Website.
3. The Website is an Online Store, accessible at Internet address: https://www.vietransfers.at, through which the Customers have the opportunity to:
3.1. Conclude contracts for sale/purchase and delivery of the services offered on the Website;
3.2. To register and create a account to browse the Website and use additional services to acquire information;
3.3. To place purchase orders as “guests” on the Website, without first creating a user account of the Customer;
3.4. To review the services, their specifications and prices;
3.5. To conclude contracts for purchase of the services offered by the Website;
3.6. To perform all payments in connection with the concluded contracts with the Website, according to the electronic means of payment maintained by the Website.
3.7. To receive information about new services offered by the Website;
II. CLARIFICATION OF SOME TERMS
For the purposes of these “General Terms and Conditions”, the below-listed terms are used with the following meanings:
1. „ELECTRONIC” or „ONLINE STORE” is the Website https://www.vietransfers.at, which serves as a virtual platform for offering services for sale and for reaching an agreement between THE SELLER and THE CUSTOMER for the purchase and sale of a specific service.
2. https://www.vietransfers.at is an electronic commerce website – for the sale and delivery of the services published in it, on behalf of Filip Filipov.
3. „E-mail” is an e-mail address specified by the Customer, with which the Customer registers and identifies on the Website of Filip Filipov.
4. „Password” is a set of letters and/or numbers, representing a code, which together with the e-mail individualizes the Customer and provides the latter with the opportunity to access its account and to perform valid requests for the purchase of services offered on the Website.
5. “My account” is a separate part of Filip Filipov’s Website – https://www.vietransfers.at, containing user information, required by Filip Filipov, which is stored with him and is used and processed only for the purposes of Art. 4, par. 1, item 3 of the Personal Data Protection Act, and the access to the user account by the user is performed by entering a username and password. The user account also serves the communication between the user and Filip Filipov. In its account, the Customer can track all of its orders and contracts concluded with Filip Filipov.
6. „Sales price“ is the final price of the product.
7. “Provision of services by electronic means” means the provision of services, in which each party uses electronic processing devices, including digital compression and storage of information, with the service being provided entirely by cable, radio, optical or other electromagnetic means.
8. „SALES CONTRACT” is the Contract for purchase and sale of goods concluded remotely through this Online Store, between the Seller and A CUSTOMER.
9. “By explicit statement of the recipient of the service” means that the service is provided under the expressly stated desire of the recipient to use it.
10. A shopping cart is a virtual space in which the Customer adds the services of its choice and which it intends to purchase.
11. A guest of the Website is a Customer who places an order without creating a personal account on the Website.
12. A cookie is a package of information sent from the server of the Seller’s Website to the end device used by the Customer, and then returned by that device’s web browser each time it accesses that server. Cookies allow the Website to recognize the Customer’s device, to store certain information (preferences, past actions) about it, which is kept for a certain period of time, thus avoiding re-entry of information by the Customer.
1. Filip Filipov provides services remotely by electronic means, after the explicit statement by the Customer about the services provided by Filip Filipov, the Customer pays the sales price in accordance with the terms and conditions of these General Terms and Conditions and any amendments to the latter, which have been duly published on the website of Filip Filipov.
2. The publication of services on the Website by the Seller is considered a public invitation for the submission of a proposal (offer) by the Customer to the Seller to enter into a sales contract within the meaning of Art. 290, par. 1 of the Commercial Act.
3. With a view to the updating and improvement of the services, Filip Filipov reserves the right to unilaterally change the parameters and characteristics of the offered services, as well as to change the current General Terms and Conditions, for which he undertakes to inform his Customers by publishing information on Filip Filipov’s Website.
IV. CREATION OF A USER ACCOUNT ON THE WEBSITE AND “GUEST” STATUS ON THE WEBSITE
1. The Customer has the opportunity to place orders without creating an account by using the “Pay as a guest” option. When selecting this option, the Customer enters the required data.
2.1. In case of registration and creation of an account of a legal entity, the statement under Art. 5 shall be made by the legal representative of the legal entity or by a person authorized by it.
2.2. Upon registration, the Customer undertakes to provide accurate and up-to-date data. The Customer promptly updates the data specified in its registration in case of change.
2.3. Upon registration on the Website, the Customer provides an e-mail and password to access its user account on the Website.
2.4. In case the Customer provides incorrect or inaccurate information, as well as in case the Customer does not update the changes in its data according to the previous item, which impedes the communication between Filip Filipov and the Customer and the valid execution of orders, then Filip Filipov has the right, unilaterally and without bearing any responsibility, to terminate this Contract and to suspend the Customer’s registration on the Website.
2.5. The Customer is fully responsible for the protection of its email and password, as well as for all the actions performed by it or by a third person using the Customer’s email and password. If the Customer leaves its account open on a computer or in any other way allows and/ or permits it to be used by third parties who have abused its user account, then the Seller is not responsible for the resulting damages.
2.6. By completing the registration and creating an account, the Customer grants its consent that the personal data the Customer entered during registration can be used and stored by Filip Filipov EOOD for the purposes of these General Terms and Conditions.
2.7. The Seller confirms the registration made by the Customer by sending a letter to the e-mail address specified by the User, to which information for activating the registration is also sent.
2.8. In case the Customer forgets its password, it will be sent to the e-mail address specified by the Customer.
V. PLACING AN ORDER
1. The Customer has the right to place orders as a “guest” on the Website or by logging in to its account by entering a valid email address and password.
2. The ordering of services by the Customer is performed by observing the following main technical steps:
2.1. Selecting a specific service, determining the number /quantity/ and pressing the “Buy” button;
2.2. There is an option to remove already added services from the shopping cart, as well as to change their quantity. Entering a “coupon code” or “voucher code”, in case the Customer has them and wants to use them;
2.3. Selecting the “Proceed to payment” option;
2.4. Choosing the ordering method – as a “guest”, by logging in to an already created account or by creating a new user account;
2.5. specifying the Customer’s data /first name, surname, e-mail address, telephone number/, specifying a delivery address and the address for issuing an invoice;
2.6. choosing a method of payment;
2.7. entering a code from a voucher or coupon;
2.8. ability to enter a comment to the order;
2.9. Marking of the additional checkboxes for acquaintance with the General Terms and Conditions and for granting consent to the processing of personal data;
2.10. Pressing the “Order” button, which is the final action on the order.
The order confirmation has the legal significance of an offer from the Customer to the Seller.
3. Until the confirmation of the order under item 2.11., the Customer can view and change the services requested by him, as well as the quantities, method of payment and other data related to the specific order.
4. In case that the Customer has specified an incomplete, incorrect or wrong address and/or telephone number when submitting the order, which prevents the execution of the order, the order shall be considered invalid and Filip Filipov shall be released from the obligation to perform it.
5. After receiving the order, Filip Filipov sends the Customer a confirmation of receipt by e-mail or performs the confirmation by phone, and together with the confirmation provides the Customer with information on:
5.1. the name, management address and correspondence data for Filip Filipov;
5.2. the order number and information about the main characteristics of the requested service;
5.3. the sales price of the service including all taxes and fees;
5.4. in case the selected payment method is by bank transfer or through the Website, Filip Filipov specifies the bank account;
5.5. the confirmation of order receipt does not constitute confirmation of the order itself.
VI. CONCLUSION AND VALIDITY OF THE CONTRACT
1. By placing the order under the previous section through the Seller’s interface, accessible on its website at https://www.vietransfers.at, the Customer places an offer to enter into a sales contract of the selected services offered by the Seller. By confirming the order in the manner specified below in item 1.1., the Contract is considered concluded and stored in the database of the Seller.
2. The order confirmation is sent to the e-mail address or is communicated by phone, indicated by the Customer at his registration as a client, respectively – upon the submission of the order as a “guest”. Confirmation of the order has the legal significance of accepting the offer made by the Customer.
3. Pursuant to the Contract concluded in such a manner, the Customer is obliged to pay the Seller for the purchased services, in accordance with the provisions announced at the Website and with these General Terms and Conditions. The price of the services is announced by the Seller on the Online Store Website for each service separately.
4. The Seller has the right to unilaterally change the prices presented on the Website, but the price changes will be valid only for Contracts concluded after the changes’ announcement on the Website.
5. The price becomes due for payment, provided that the Seller has confirmed the order in one of the following ways, pre-selected by the Customer when placing the order:
– advance payment by bank transfer to a bank account specified by the Seller;
– advance payment via PayPal;
– advance online payment by debit/credit card, through the Online Store interface, with the Seller sending a link to the Customer in the message for order confirmation about making the respective payment. In this case, the delivery is performed after the online payment is carried out.
1. Delivery of the requested services is carried out under the conditions determined by the Seller on the pages of the Website and in accordance with these General Terms and Conditions.
2. The Customer has the right to refuse to receive the requested service.
3. If the Seller cannot fulfill the Contract, he is obliged to inform the Customer about this and to reimburse the payments received by the Seller from the Customer within 3 working days after the date of the notification.
VIII. RIGHT OF WITHDRAWAL GRANTED TO CONSUMERS
1. The provisions of this section concern the relationship between the Seller and his Customers, who are in the capacity of consumers.
2. The Customer has the right to withdraw from this Contract without stating the reasons for this, within a period of 3 days.
3. In order to exercise its right of withdrawal, the Customer must notify the Seller Filip Filipov by means of an explicit statement sent by email to address: email@example.com.
4. In case of withdrawal from this Contract, the Seller refunds to the Customer all payments received from the latter without undue delay and in any case not later than 3 days after the date on which the Seller has been notified of the withdrawal.
The refund is made by the same payment method used by the Customer in the initial transaction, unless the Customer has expressly agreed otherwise;
IX. RIGHTS AND RESPONSIBILITIES OF THE PARTIES
1. The Seller is obliged:
– To deliver the requested service within the agreed time.
– To maintain accurate and up-to-date information about the characteristics and sales prices of the services on its Website.
2. The Customer is obliged:
– to provide accurate and valid data in the registration form and when submitting an order for purchasing a service;
– to pay the price of the requested service;
– not to submit invalid orders or other incorrect information;
– not to interfere with the proper functioning of the system, including, but not limited to, not to hinder the identification procedure of another user, not to perform access outside the already provided access rights, not to impair or impede the availability, reliability or quality of the provided access, nor utilize it in a manner causing a refusal from using it;
– not to extract, by technical means or in a technical manner, information resources or parts of information resources belonging to the databases located on the Website of Filip Filipov and therefore not to create its own database in electronic or other form with that information; not to impersonate another person or otherwise mislead third parties about their identity or belonging to a certain group of people; not to perform malicious actions within the meaning of these General Terms and Conditions.
3. The Customer has the right:
– To receive up-to-date and accurate information from the Seller’s Website.
– To receive the service he has requested within the time periods and under the provisions of these General Terms and Conditions.
X. PROTECTION OF INTELLECTUAL PROPERTY
1. All elements of the content of Filip Filipov’s Website, including the design, software programs, texts, databases, graphics, drawings, sketches, and other, are subject to protection under the Copyright and Related Rights Act and cannot be used in violation of the applicable legislation.
2. The Customer’s right of access does not include the right to copy, reproduce or modify information that represents an intellectual property object.
XI. PERSONAL DATA AND COOKIES
1. Filip Filipov collects and processes only the minimum of necessary personal data, which is related to his activity and for which the Customer has granted its explicit consent to be collected and processed or in the presence of other legal grounds for that.
2. Filip Filipov collects and processes personal data of the Customer in the following cases and for the specified purposes:
– When sending an electronic inquiry to the Seller, the Customer must provide a contact email so that the Seller can contact him. In case of additional information provided, it will be processed only to the extent necessary to respond to the relevant request.
– When creating a personal user account on the website of the Online Store, the Customer provides names, email, address and telephone number.
– When placing an order, when accepting and executing orders in the Online Store – the following categories of personal data are additionally processed: three names and phone number.
– When paying by credit or debit card, the Website redirects the process to the bank card payment module, from which the Seller receives only information whether the payment was successful or not. The Seller does not store or process payment card information.
– When using a customer user account, the Customer has information about all orders made by him. The Seller provides the Customer with the ability to change and update the provided data.
4. The Seller shall keep the provided personal data only for the necessary period with regards to the purposes for which they were collected. At any time, the Customer can express its request that its account, as well as all of its personal data to be deleted, as well as to refuse to receive a newsletter.
5. The Seller is obliged not to disclose any personal data about the Customer to third parties – government agencies, companies, individuals and others, except in cases where he has received the explicit written consent of the Customer, the information is requested by government agencies or officials, which according to the current legislation are authorized to request and collect such information or when the Seller is obliged to provide the information by law.
6. The Seller provides the necessary data only to trusted partners – providers of the respective service, providers of marketing and web design services, in order to fulfill his obligations under the Contract.
7. The Seller processes personal data only for the purposes and terms specified in these General Terms and Conditions.
8. The Customer has the right to receive information about its processed personal data, and in case that the Customer considers that there is a violation of the rights to protection of its personal data, then the Customer has the right to file a complaint.
9. No registration or provision of personal data is required for browsing and viewing the Online Store. When loading the Online Store Website and when browsing its content, cookies are used, which contribute to its proper functioning. When placing orders through the Website, cookies allow it to remember which products have been added to the shopping cart until the order is confirmed.
10. The cookies remain in the end-user device of the Customer until the next reloading of the Online Store Website. The Customer can delete cookies or set its browser not to save them, by using the browser settings.
XII. ADDITIONAL PROVISIONS
1. The parties to these General Terms and Conditions are not liable for non-performance of the Contract caused by force majeure circumstances. Force majeure circumstances within the meaning of these General Terms and Conditions is any unforeseen or unavoidable event of an extraordinary nature, which occurs after the conclusion of a Contract between Filip Filipov and the Customer, which makes it impossible to fulfill the respective Party’s obligations. The Party affected by force majeure shall take all reasonable efforts and measures to minimize the damages, losses, as well as notify the other Party in writing within three days of the occurrence of force majeure.
XIII. DATA OF Filip Filipov
Zur Spinnerin 1/5/537, 1100 Wien
Bank: Erste Bank
IBAN: AT96 2011 1300 3202 9823
UID: ATU6214 9749