- § 1. Subject matter of the contract - Universal
1.1 We conclude contracts only according to our Terms and Conditions. Divergences to other Terms and Conditions of the contracting partner are valid only if we agree to these expressly in writing. Additionally, individual arrangements need, in any case, to be in written form.
Many of the offered goods are hand made, which is why minor deviations are possible in the implementation, colour, construction and measure, compared to our pictures or descriptions, and reasonably cause no legal results.
According to § 6 paragraph 2 Zi. 3 KSchG regulations, they grant the entrepeneur a unilateral right to make changes, unless, these changes are unreasonable for the customer; particularly, when these changes are objective and essentially justified.
The prices are quoted in euro and the price quoted in our order confirmation is final.
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- § 2. Delivery terms and Payment
It is possible for us to carry out a partial delivery, provided that this is reasonable for a quicker process. The delivery occurs, in any case, when the customer has paid for the order, be it by bank transfer, bank deposit, cash payment upon pickup, bankomat or credit card. Further details for the delivery can be found under Shipping & Delivery and payment terms are explained under Payments respectively. In it are also included the forwarding expenses to the order process, which are also accepted herewith. There are no delivery charges when picking up products at the store.
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- § 3. Delivery time
Wishes of the customer concerning the date of delivery are considered as far as possible, nevertheless, they are non-binding, unless they are expressly confirmed in writing. The delivery of the product occurs after payment has been received, usually within 2 to 5 business days after the payment has been received, and we assume no liability for forwarding problems. Forces of major cause release us from the obligation to deliver. Strikes or labor disputes of any kind also count as forces of mayor cause, whether we or our suppliers are affected by it, as well as unforeseen obstacles or circumstances that are not controlled by us.
Furthermore we are entitled to withdraw from the contract, just as the customer can, from impossibility of the delivery from subcontractors or manufacturers, provided that the agreed date of delivery is exceeded for more than 6 weeks.
Also, compensation claims, default penalties or similar from supposedly late delivery due to delay or impossibility are excluded. Non fulfillments which have resulted up to the resignation of the contract, are excluded, unless it is due to negligence on our part.
VERY IMPORTANT. FOR ALL ORDERS WITH FRAGILE ITEMS (Particularly Chimneys, Grillers, Rancheros and Clay products). The customer is responsible for checking the integrity of the product inside the package they receive, BEFORE SIGNING the delivery document from the transport company, independent on how the package looks from the outside. Once the delivery document has been signed, Mexiko 4 U is not liable for any damages in the product, even those occurring during transportation. Please be aware of the importance of checking your received product, before signing any documents.
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- § 4. Completion of the contract
With orders on Internet the customer has the possibility to cancel or change the order, or its information (in particular name, address, payment method, specifications, etc.) before his order confirmation by clicking the "Place Order" button.
When the customer subsequently confirms the order by clicking the button, the customer will submit us a binding offer. The acceptance of this offer and with it the completion of the contract occurs through sending an order confirmation by e-mail. The contract becomes effective only when we send this confirmation email.
When ordering via internet and choosing to pick up the product at the store, the product will be reserved for the customer for 7 days, from the time the confirmation e-mail is sent. The completion of the contract is dependent on the fact that the customer fetches the product within this term. If the customer does not come to pick up the product to the shop during this term, the contract doesn't take effect, and the product can be offered to other clients.
We try, as far as it is possible to work on all obliging offers within 2 working days. Further details for the ordering process can be found under Ordering
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- § 5. Resignation instructions
5.1 The customer can cancel his contract in writing, within 14 calendar days without giving reasons or - when the things have been shipped, before the deadline - by returning the things. The term begins on receipt of this instruction, however, not before the customer receives the product (with partial deliveries, not before receival of the first delivery) and also not before fulfillment of our duties of information. To keep within the resignation terms, sending a timely notice of resignation claims or the things will do. Further details for our returns policy can be found under Returns Policy
Resignation is to be directed to:
or by E-Mail at email@example.com.
5.2 Resignation results:
We refund the payments made by the customers, perhaps, after deduction of an amount for depreciation or deterioration of the product. Nevertheless, when the delivered product is not the product ordered, the return is free for the customer.
With the resignation of the contract the deliverables are mutually set back. This means that the customer is obliged to return the delivered goods and has to bear the relevant costs. Provided that the product is sent back incomplete or in a damaged state, a suitable value compensation is to be paid. The customer shall bare a depreciation of the returned items, that through a careful check of the product leads to the fact that the product cannot be sold any more as good as new.
The right to rescind is not valid, in any case, with goods custom made for the client and other wearable items (or jewelry and the like).
The returned goods must be shipped to the following address:
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- § 6. Guarantee
6.1 The legal guarantee regulations apply according to Austrian law, as long as it is not regulated in the following.
6.2 When receiving items, the customer has to examine the product immediately for defects and the state it is received in. Defects should be notified immediately. The guarantee term is for two years and begins, as soon as the customer has received the product.
Because the offered Mexican fire chimenys and grills in particular were not checked for Austrian weather conditions, no guarantee can be provided for these, as they are not suited to lay outside for the full year (in particularly in the winter months). The customer is responsible for personal damages and damages to property, by an improper use or service, when these items are not used per the operating instructions. The customer commits himself, in any case, before the use of the delivered goods, in particular with sold fire chimneys, to carefully read the operating instructions enclosed before using them.
We are not liable, in any case, for consequential harm caused by a defect, if this defect is not discernable by an expert.
6.3 With defective products the customer has the choice, whether the guarantee should occur through improvement or replacement. Nevertheless, we are entitled, to refuse the selected guarantee, when this generates disproportionate costs and remains without considerable disadvantages for the consumer.
In case of the guarantee by a partial delivery, the customer is obliged, to send back the first delivered product within 14 days to us. The term beginning on the day of the sending. Provided that we do not receive the product within this term at the address Lerchenfelderstraße 63, 1070, Vienna, we are entitled, to charge the purchase price for the partial delivery.
By failure of delivering the full order, the customer basically has the option to receive a prize reduction or cancle the contract. However, only with slight defects or slight breaches of contract, the customer in not entitled the right to rescind.
6.4 In case of a claim, the customer must deliver to us the claimed article, along with a copy of the invoice with purchase date written, and with the post paid.
For questions or reclamations we can be reached working days from 10 to 19, at the telephone +43/ (0)1 - 293 1605.
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- § 7. Retention of Title
We reserve the property in the objects delivered by us, until the customer has paid the purchase price. By an attachment or any intervention from third parties, the customer must notify us immediately and hand over the necesary documents.
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- § 8. Data Use
We are entitled, within the scope of the necessary business purposes, to process and store the necessary customer data. Besides, personal data is treated confidentially.
It is agreed that without expressly approval, the use of the data becomes exclusively to fulfill and process the contract and no other use. A completion of the contract also requires as a rule, to provide the shipping company with customer data, as far as this is necessary for the delivery. To avoid unauthorized access, the customer is responsable, to keep his access information confidential, and to close the browser window after completion, as soon as he leaves the site.
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- § 9. Liability
9.1 The liability of Mexiko 4 U towards customers is for careless behavior, except in cases of personal damages as well as property damages on handling and assumed things in sense of § 6 Abs. 2 Zi. 5 KSchG are excluded. Thus Mexiko 4 U is liable towards customers only for damages, which deliberately or by negligence are brought about.
9.2 Mexiko 4 U adheres exclusively for great faults as wells as for damages, beyond consumer behavior, which have resulted immediately in the object of the delivery. Further claims of the customer, from whichever legal argument, about compensation of missed profit or for consequential damages caused by a defect are expressly excluded.
9.3 If a third party acquires unlawful access to customer data, exclusively when we have acted wrongly will there a liability exists for Mexiko 4 U. We are without fault in any case, from damage that should arrise in the course of internet use, for example, a virus attack or unauthorized access from a third party and similar. top of page
- § 10. Applicable law
The Terms & Conditions from Mexiko 4 U as well as all legal relations with the customer are subject exclusively to Austrian law.
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- § 11. Place of Jurisdiction / Place of fulfillment and generals
The agreed place of fulfillment or jurisdiction is 1070 Vienna. For disputes of this contract and respectively in connections with orders by the customer, the appointed court for our company headquarters becomes the local court. For consumer shops § 14 KschG remains untouched. Nevertheless we reserve the right to file suit also in the place of jurisdiction of the contracting party.
The contract remains also with juridical invalidity of single regulations and conditions in his remaining parts. This is not valid, in the cases where adhering to the contract with a contracting party would be unsuitable or it would contradict the economic purpose.
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