Terms and Conditions
General Terms and Conditions (GTC) | Cancellation Policy | Privacy Policy | Delivery Terms and Costs
§ 1 Scope
The following terms and conditions are an integral part of every contract between Dikmen eU, Lorystraße 33/4/R01, 1110 Vienna, Austria, represented by the managing director Seda Emine Dikmen, and the customer.
Dikmen eU provides its services exclusively on the basis of these terms and conditions.
§ 2 Conclusion of Contract
The goods displayed on the dikmen.at website do not constitute a binding offer.
The customer can select any items from the product range and add them to the shopping cart. The shopping cart can be emptied at any time by setting the quantity to "0" or clicking "Delete". By clicking the "Checkout" button, the customer is redirected to a page where shipping costs are calculated and payment can be made using various payment methods. By submitting the order, the customer makes a binding offer to purchase the items in the shopping cart and accepts these Terms and Conditions. The customer receives confirmation of the order immediately after completing the ordering process. We save your order and the order details you entered.
The customer will be notified of the order's receipt via email. This notification does not constitute a binding acceptance of the order. The contract is only concluded upon dispatch of a separate shipping confirmation via email or upon shipment of the goods.
The language provided for the execution of the contract is German.
Section 3 Data Privacy Statement
Dikmen.at uses the data provided by the customer exclusively for the corresponding purpose and in compliance with applicable legal regulations; any further use only occurs with the customer's explicit consent. The customer may object to the use of their data at any time.
The customer expressly agrees that dikmen.at may process the customer's personal data described in the preceding paragraph for the purpose of providing access to the services covered by the contract (use of the website www.dikmen.at and, in particular, the online shop for the purchase of various products), for communication with the customer, for analyzing user behavior, and for processing the customer's order. For the purpose of fulfilling the contract, namely delivery, the customer's personal data will be forwarded to the shipping company to the extent necessary for the delivery of the goods. The shipping company is also obligated to use the customer's personal data exclusively in accordance with the provisions of applicable data protection law.
(3) However, the customer may revoke their data protection consent at any time without giving reasons by submitting a written declaration to dikmen.at, operated by Dikmen eU, Lorystraße 33/4/R01, 1110 Vienna, Austria. This will render the further use of the data by dikmen.at for purposes other than those necessary for the performance of the contract inadmissible. If consent has been given, the customer may request access to, modification of, or deletion of their stored data from Dikmen eU at any time and may revoke their consent at any time.
This privacy policy can be viewed and accessed at any time on the website of dikmen.at.
§ 4 Delivery conditions / Delivery costs
Unless otherwise agreed in writing, delivery is ex works. If the customer is a consumer, Dikmen eU bears the shipping risk exclusively. If, however, the customer is a business, the risk passes to the customer as soon as Dikmen eU has handed over the goods to the carrier or other person or institution designated to carry out the shipment.
Delivery takes place within 5 business days, with business days being defined as Monday to Friday, excluding public holidays. This period begins upon conclusion of the contract and may vary depending on the country and shipping method. For details on delivery times, shipping costs, and shipping methods for the countries we deliver to, please see "Shipping Costs and Payment Methods".
§ 5 Payment Terms
The available payment methods (PayPal, bank transfer, Klarna) can be viewed here. When paying via "Payment via PayPal," the purchase price claim is assigned to PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"). When paying via "Klarna," the purchase price claim is assigned to Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden. The data required for payment processing is transmitted to PayPal/Klarna. For the purpose of their own credit checks, PayPal and Klarna transmit data to credit reference agencies and receive information from them, including, where applicable, creditworthiness information based on mathematical-statistical methods (probability or score values), in whose calculation address data is included, among other things. By selecting the aforementioned payment method, the customer agrees to the transfer of data to PayPal/Klarna and the performance of credit checks. Detailed information on this and on the credit agencies used can be found in the privacy policies of PayPal or Klarna, which you can access here for PayPal and here for Klarna.
All prices include statutory VAT.
All shipping costs, in particular packaging, transport costs, transport insurance and deliveries, are at the customer's expense unless otherwise agreed.
In the event of a customer's payment default, even if the default is not their fault, they are obligated to pay the resulting reminder fees as well as interest at a rate of 12.5% per annum. Subsequently, a debt collection agency will be commissioned to recover the outstanding amount.
In addition to the aforementioned costs, all costs incurred by the debt collection agency and invoiced to us, the maximum amount of which is determined by the Regulation on Maximum Rates for Debt Collection Agencies (Federal Law Gazette No. 141/96), will also be borne by the customer who is in default of payment, provided these costs are reasonable and necessary for the appropriate pursuit of legal action. Payments will first be applied to interest and costs.
The customer is hereby expressly informed that in the event of default of payment, Dikmen eU (dikmen.at) will transmit the name (including previous names), gender, address, profession, outstanding balance and dunning data in accordance with Art. 6 para. 1 lit. f GDPR to the credit reporting agency and to debt collection agencies authorized to collect receivables.
The assertion of further rights and claims by Dikmen eU remains unaffected.
§ 6 Retention of Title
The goods remain the property of Dikmen eU until full payment is received.
§ 7 Warranty
The statutory provisions apply with regard to the warranty.
The warranty period is 24 months and begins upon delivery of the purchased item, provided the customer is a consumer.
If the customer is an entrepreneur, the period is 12 months from the date of delivery of the goods.
§ 8 Cancellation Policy
As a consumer, you have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise your right of withdrawal, you must inform us, Dikmen eU, Lorystraße 33/4/R01, 1110 Vienna, Austria.
Telephone: +43 650 / 691 22 99
Email: office@dikmen.at
You must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but this is not obligatory.
To meet the deadline, it is sufficient that you send the notification of exercising your right of withdrawal before the withdrawal period expires.
Consequences of the revocation
If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (excluding any additional costs incurred if you chose a delivery method other than our cheapest standard delivery option), without undue delay and no later than fourteen days from the day on which we received your notification of withdrawal. For this reimbursement, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees as a result of this reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You are only liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
Sample cancellation form
If you wish to cancel the contract, please fill out this form and return it.
– To (enter name, address, fax, email)
– I/We (*) hereby revoke the contract concluded by me/us for the purchase of the following goods (*) / the provision of the following service (*)
– Ordered on (*) / received on (*)
– Name of consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only for notifications on paper)
- Date
(*) Delete as appropriate
§ 9 Limitation of Liability
Dikmen eU is liable, with the exception of injury to life, body and health, only for damages resulting from intentional or grossly negligent conduct.
Except in cases of intentional or grossly negligent conduct or in cases of injury to life, body and health, liability is limited to damages that were typically foreseeable at the time of conclusion of the contract and, in all other respects, to the amount of typical average damages for this type of contract.
Claims for liability under the Product Liability Act remain unaffected.
§ 10 Information on online dispute resolution
The European Commission established an online dispute resolution platform on February 15, 2016. This platform is designed to enable consumers and traders to resolve disputes relating to online sales contracts or online service contracts easily, efficiently, quickly, and out of court. The platform can be accessed at http://ec.europa.eu/consumers/odr.
We prefer to resolve your concerns directly and do not participate in consumer dispute resolution proceedings. If necessary, please contact us at office@dikmen.at.
§ 11 Final Provisions
The laws of the Republic of Austria apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Consumers with their habitual residence abroad may, irrespective of the specific choice of law, also invoke the law of the country in which they reside.
The place of performance is the registered office of Dikmen eU, provided the customer is a merchant.
For any disputes arising from this contract, the court exercising commercial jurisdiction in Vienna, 1030, shall have jurisdiction, provided the customer is a merchant.
December 22, 2022