FAVORTY is a company registered in Austria (FAVORTY e.U. Griffnerbergstraße 4/4 9112 Griffen).

In order to ensure a smooth flow of trade and to be able to define mutual expectations for a satisfactory business transaction, it is necessary to take note of the following General Terms and Conditions (hereinafter the "GTC"). We therefore recommend that you read through them regularly, as the General Terms and Conditions will be adapted and always the latest version is valid at the time of the order.

I.
If you have any questions regarding our GTC, please contact us at help@favorty.com and we will promptly take care to answer them for you.

  1. The GTC apply to all contracts concluded between the company FAVORTY (hereinafter referred to as FAVORTY) and customers via the online store www.favorty.com.

The customer is a consumer, as far as the purpose of the ordered goods and services cannot be predominantly attributed to his commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural or legal entity or partnership with legal capacity, which acts in the conclusion of the contract in the exercise of its commercial or independent professional activity.

  1. The following terms and conditions apply to all deliveries and services provided by FAVORTY under this contract. Deviating or conflicting terms and conditions, changes or additions to this contract are only effective if they have been expressly confirmed in writing by FAVORTY.
  2. Separate regulations apply for retail customers.
The general terms and conditions listed here are valid at the time of the order in their current version.


II. CONCLUSION OF CONTRACT
1. A contract can only be concluded if the customer is fully contractually capable (at the age of 17) and if he/she is in possession of a credit/debit card issued in his/her name.

2. The customer can choose a product from the assortment of the provider and collect them in a so-called shopping cart by clicking the button "add to cart". By clicking on the button "order subject to payment", he submits a binding application to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the button "accept terms and conditions" and thereby included them in his application.
 
3. The provider will then send the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the Provider has received the Customer's order and does not constitute acceptance of the application. The contract is only concluded when the Provider submits the declaration of acceptance, which is sent with a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of order, terms and conditions and order confirmation) is sent to the customer by us on a durable data carrier (e-mail or paper printout) (contract confirmation). The text of the contract will be stored in compliance with data protection.
It is not permitted to place false and fraudulent orders and we reserve the right to cancel them if we suspect that they are fraudulent and to contact the relevant authorities.

4. If a customer's offer to FAVORTY cannot be accepted, this will be communicated in writing.


III. PRICES

1. All prices are indicated in Euro, including the legally prescribed value added tax, excluding shipping costs and are valid for the goods shown in each case.

2. Shipping costs will be charged to the customer in addition, unless otherwise agreed.

3. Possible customs/import costs as well as import sales taxes for deliveries to countries outside the European Union will be borne by the customer.

4. FAVORTY reserves the right to withdraw from the contract in case of typing, printing and calculation errors, as well as in case of extraordinary price changes.



IV. PAYMENT & INVOICE

1. Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, he shall pay the Provider default interest for the year at a rate of 5 percentage points above the prime rate. The Customer's obligation to pay interest on arrears does not preclude the Provider from asserting further damages caused by default.

2. Payments can be made via these payment options (credit/debit card (Visa, Mastercard, American Express, Maestro) PayPal, Google Pay, Apple Pay, Shop Pay and EPS bank transfer).

3. In case of refusal of payment by the bank or by the bank due to lack of funds, FAVORTY reserves the right to cancel the order.

4. The customer agrees to receive his invoice electronically. 
The electronic invoice will be sent by e-mail to the e-mail address provided by the customer in the order confirmation email and is also available on the customer account page.


V. SHIPPING

1. Products are shipped worldwide.

2. FAVORTY will deliver the ordered goods to the customer only after full payment of the purchase price including all additional costs (shipping costs, taxes). The shipping costs are added to the customer's invoice, unless otherwise agreed (free shipping from a certain order value). The delivery will be sent to the address indicated by the customer.

3. FAVORTY is free to choose the type of shipment and means of transport.

FAVORTY is not responsible for any delays in delivery or delays in delivery from suppliers and shipping companies.

4. If at the time of the customer's order no copies of the product selected by the customer are available, the supplier will inform the customer immediately in the order confirmation. If the product is permanently unavailable, the provider will not accept the order. In this case a contract does not come off.

If the product designated by the customer in the order is only temporarily unavailable, the provider will also inform the customer of this immediately in the order confirmation.


VI. SHIPPING COSTS

Exact details about the shipping costs can be found here


VII. FORCE MAJEURE

We shall not be liable or responsible for any failure to perform or delay in performing our obligations under a Contract caused by events beyond our reasonable control ("Force Majeure Event"). Force Majeure includes any act, event, non-occurrence, omission or accident beyond our control and includes, without limitation, the following:

  1. strikes, lockouts or other industrial action
  2. riots, insurrections, invasions, terrorist attacks or the threat of terrorist attacks, war (whether declared or not) or the threat of or preparation for war
  3. fires, explosions, storms, floods, earthquakes, ground subsidence, pandemics or other natural disasters
  4. impossibility of using railroads, ships, airplanes, motor traffic or other public or private means of transport
  5. impossibility of using public or private telecommunication networks
  6. introduction or amendment of laws, decrees, ordinances or sovereign restrictions
  7. all strikes in transportation, mail or other relevant strikes, failures or accidents.

Our obligation to perform the contract shall be deemed suspended for the period for which the force majeure event persists and we shall be entitled to an extension of the performance period corresponding to the duration of that period. We will use our best endeavours to bring the Force Majeure Event to an end or to find a solution that will enable us to fulfil our obligations under the Contract despite the Force Majeure Event.

VIII. RETENTION OF TITLE

The goods remain the property of FAVORTY until full payment is received.

VIII. WARRANTY

  1. Unless otherwise specified, the general statutory provisions shall apply. Warranty is excluded for defects caused by the customer. This is especially the case in case of improper handling or storage or misuse of FAVORTY products. Information on proper use can be found here 
  2. Since we work with natural materials (vegetable wax), there may be optical differences (uneven surface), these do not reduce the quality of the product and do not constitute defects.
  3. Obvious defects in the delivered goods must be detected within 7 days of receipt and reported to FAVORTY in writing, stating the invoice number and product name, otherwise the assertion of warranty is excluded.
  4. If a defect is evident in the delivered goods and is recognized as such by FAVORTY after return, the customer can initially only demand the replacement of the goods. If a replacement delivery by FAVORTY is not possible or is associated with a disproportionately high effort or if the replacement delivery is delayed beyond a reasonable period of time, the customer is entitled to either withdraw from the contract with a refund of the purchase price or to demand a replacement delivery.
  5. The customer must claim transport damages in writing immediately after receipt of the goods at the shipping company and at FAVORTY. If goods are already delivered with obvious damage to the packaging, the customer should refuse acceptance or declare acceptance only under reservation and inform FAVORTY immediately.
  6. No further claims by the customer to FAVORTY are possible. FAVORTY is not liable for damages that are not on the delivered goods themselves or as a result of improper use of the delivered goods.


  7. GENERAL RETURN POLICY
    Unfortunately we can not accept returns. All claims for shortages and/or damages must be reported to FAVORTY within 7 days of receipt of the order.
    After the request has been reviewed, an exchange will be completed or a credit will be applied that can go towards a future purchase. 
    Exchanges or credit towards future purchases will be based on the value of the merchandise at the time of purchase.  
    Shipping and handling fees are not refundable.


X. LINKS TO THE WEBSITE

It is permitted to link www.favorty.com as long as it is not for commercial purposes. Links to the website are on condition that they are lawful and do not damage the reputation of FAVORTY.

Our website may not be linked to another website without our permission.


XI. LIABILITY

  1. Claims of the customer for damages are excluded. Excluded from this are claims for damages of the customer from the injury of life, body, health or from the injury of substantial contractual obligations (cardinal obligations) as well as the liability for other damages, which are based on an intentional or roughly negligent breach of duty of the offerer, its legal representatives or executing aides. Material contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.
  2. In the event of a breach of material contractual obligations, the provider shall only be liable for foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the customer's claims for damages are based on injury to life, body or health.
  3. The limitations of paragraphs 1 and 2 also apply in favor of the legal representatives and agents of the provider, if claims are made directly against them.
  4. the limitations of liability resulting from para. 1 and 2 do not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies, as far as the offerer and the customer met an agreement over the condition of the thing. FAVORTY assumes no liability for the constant and uninterrupted availability of the online store or for technical or electronic errors during data transmission. FAVORTY does not assume any liability for obviously incorrect information caused by technical or electronic errors and reserves the right to cancel any orders placed under obviously incorrect conditions.

XII.  PRIVACY

Information on the collection, processing and storage of personal data can be found in the privacy policy

 

XVI. APPLICABLE LAW & JURISDICTION

  1. Place of performance for delivery and payment is the place of business of FAVORTY.
  2. Place of jurisdiction for disputes is the court in whose district the customer has his residence, place of work or habitual abode.
  3. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and FAVORTY is the place of business of FAVORTY.
  4. Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

XVII. FINAL PROVISIONS

  1. FAVORTY reserves the right to unilaterally change the terms and conditions.
  2. The version published on the homepage at the time of the order is valid.

3) By placing an order, the respective valid general terms and conditions are accepted.

Should any provision of these terms and conditions be or become invalid, the validity of the other provisions shall not be affected.