Terms and Conditions
These terms govern the sale of products by Synanidis Exclusive e.U., trading as Plutus Luxury, through this website. By placing an order you accept these terms.
1. Scope of application
1.1 These General Terms and Conditions (the “Terms”) apply exclusively to all contracts concluded by way of distance selling through the online shop operated at the internet domain plutusluxury.com, in the version in force at the time the order is placed. 1.2 The Terms are made available in a form which may be downloaded, stored, reproduced, and printed on your terminal device. 1.3 Any provisions deviating from these Terms do not become part of the contract and apply only where we have confirmed them in writing. Where a business customer employs conflicting or supplementary general terms of its own, their application is hereby expressly objected to. 1.4 Sale of goods takes place within the meaning of the Austrian Consumer Protection Act (KSchG) and the Austrian Distance and Off Premises Transactions Act (FAGG). Consumer has the meaning assigned to it by § 1 KSchG. Business customer means every other purchaser, in particular any person concluding the transaction in the course of the operation of an undertaking. 1.5 These Terms do not apply to bespoke installations, commissioned works, styling and design services, or rental arrangements. Such contracts are subject exclusively to the separate individual written agreement concluded for the project in question.
2. Contracting party
Synanidis Exclusive e.U., trading under the mark Plutus Luxury
Sebastianplatz 6/5/19, 1030 Vienna, Austria
Commercial register number FN 647012 p, Commercial Court of Vienna
VAT identification number ATU81918356
info@plutusluxury.com | +43 676 6011977
3. Contract language
3.1 Contracts may be concluded in the German or English language. 3.2 These Terms are issued in a German and an English version. The German version is authoritative and governs. The English version is provided solely for the convenience of customers who do not read German. In the event of any discrepancy or divergence in interpretation between the two versions, the German wording prevails. 3.3 Where a consumer has concluded the contract in the English language, clause 3.2 does not operate to deprive that consumer of any right arising from the English wording which is more favourable to them.
4. Conclusion of contract
4.1 Our statements as to goods, products, prices, and discounts within the order process are subject to change and are non binding. They do not constitute a legally binding offer but an unbinding online catalogue. 4.2 By clicking the button marked “Order with obligation to pay” you submit a binding offer to conclude a contract of sale. An order may be placed only where all mandatory fields of the order form have been completed. 4.3 The automatically transmitted acknowledgment of receipt does not constitute acceptance of your offer. The contract is concluded only upon acceptance by us, which is effected either by a separate declaration in text form, namely the dispatch confirmation, or by actual dispatch of the goods to you. We reserve the right to decline your contractual offer. 4.4 In the event of clerical, printing, or calculation errors on the website we are entitled to rescind the contract. We invoice exclusively those goods listed in the dispatch confirmation. No contract of sale is concluded in respect of goods not contained in the dispatch confirmation. 4.5 Prior to submitting your order you may at any time correct your entries, amend quantities, remove items, or return to a previous step by means of the correction facilities provided and explained within the order process and by means of the browser navigation. 4.6 The password required for ordering may not be disclosed to third parties. In the event of disclosure you are answerable for orders placed by such third parties and for the claims arising therefrom.
5. Storage of the contract text
5.1 We store the contractual text. The Terms in force at the time of your order are transmitted to you together with the order data in text form, along with the withdrawal instruction and the model withdrawal form. 5.2 The Terms may be viewed and downloaded at any time at plutusluxury.com. Registered customers may inspect their previous orders in the customer account.
6. Prices
6.1 All price statements are expressed in euro and include the statutory value added tax applicable in Austria, currently 20 percent. Decisive is the price displayed at the time the order is placed. 6.2 A shipping charge is payable in addition to each delivery, communicated in full prior to submission of the order. 6.3 No liability is accepted for printing errors. We deliver while stocks last. 6.4 Where price alterations arise between dispatch confirmation and delivery of the goods by reason of circumstances beyond our control, in particular customs duties, levies, or carrier tariffs, we are entitled to make a corresponding price adjustment, whether by way of reduction or increase. Where the increase exceeds five percent, you are entitled to rescind the contract without charge. 6.5 In the case of deliveries outside the European Union, customs duties and import charges are borne by the consignee and are not included in our prices or shipping charges.
7. Payment
7.1 The methods of payment displayed within the order process are available to you. Card payments are processed by WooPayments, operated by Automattic together with Stripe Payments Europe. Where Klarna is selected, the payment is routed through Mollie B.V. and settled by Klarna Bank AB. Klarna acts as an independent controller of your data and may conduct its own identity or credit assessment under its own terms and privacy notice. 7.2 We at no time receive or store your complete card details. These are entered directly into the secure environment of the payment service provider. 7.3 The invoice amount falls due immediately upon conclusion of the contract, unless otherwise agreed in writing. In the event of default we are entitled to assert default interest at the statutory rate and to charge reasonable costs of collection. 7.4 Terms of payment may be granted to business customers only by separate written agreement.
8. Retention of title
8.1 All goods forming the subject of the order remain the property of Synanidis Exclusive e.U. until the invoice amount has been paid in full. 8.2 In relation to business customers we further retain title until all claims arising from the business relationship have been discharged. Prior to the passing of title the business customer may neither pledge the goods nor assign them by way of security, and shall notify us without delay of any access to the goods by third parties.
9. Delivery, acceptance, and passing of risk
9.1 We deliver within Austria, throughout the European Union, and to the countries designated within the order process. We do not deliver to parcel lockers or automated collection points. 9.2 Delivery periods stated within the order process are estimates and do not constitute a fixed date within the meaning of § 919 ABGB unless a fixed date has been expressly agreed in writing. 9.3 Individual oversized items are subject to a separate delivery arrangement. In such cases we establish the delivery charge and, where relevant, the particulars of installation with you prior to conclusion of the order. 9.4 You are obliged to take delivery of the goods ordered on the agreed date. Where the goods cannot be handed over on the agreed date for reasons attributable to you, we are entitled to invoice the costs of a renewed delivery attempt. 9.5 In relation to consumers, the risk of loss or deterioration passes upon handover to you or to a person nominated by you. Where you engage a carrier of your own selection which was not proposed by us, the risk passes upon handover to that carrier. In relation to business customers the risk passes upon handover to the carrier. 9.6 Please examine the goods upon receipt. Where the outer packaging is visibly damaged, record this with the carrier where possible and notify us promptly, enclosing photographs. This constitutes a request which assists us in pursuing the carrier. Your statutory rights are not restricted thereby and no rights are forfeited by omission.
10. Collection from the showroom
10.1 Within the order process you may select collection from our showroom at Weihburggasse 21, 1010 Vienna. Collection is possible only during opening hours, Monday to Saturday, 10:00 to 18:00, closed on Sundays and public holidays. 10.2 Goods are held for collection for fourteen days from notification of readiness, unless otherwise agreed.
11. Preorders
11.1 Individual items are offered for preorder in advance of their arrival in stock. Payment is taken in full upon ordering in order to secure the item. 11.2 The reservation is confirmed upon allocation of stock, whereupon we notify you of availability and the anticipated delivery date. 11.3 Where a reserved item cannot be supplied we shall notify you and refund that item in full. 11.4 The statutory right of withdrawal in respect of a preorder commences on the day upon which you take possession of the goods, as with any other order. Advance payment neither extends nor abridges the period of fourteen days.
12. Right of withdrawal
12.1 Where you are a consumer, you are entitled under the FAGG to withdraw from the contract within fourteen days without giving reasons. The full withdrawal instruction, the exceptions, and the model withdrawal form are set out on our Right of Withdrawal page, which forms an integral part of these Terms. 12.2 Pursuant to § 18 FAGG no right of withdrawal subsists in respect of goods manufactured according to customer specification or clearly tailored to personal requirements, goods which by reason of their nature have been inseparably mixed with other items after delivery, and services fully performed where performance commenced with the express prior consent of the consumer and with the consumer’s acknowledgment that the right of withdrawal is lost upon complete performance. 12.3 Business customers are not entitled to a statutory right of withdrawal. Returns by business customers are accepted only by separate agreement.
13. Statutory warranty
13.1 In the event of defects in the goods the statutory provisions on warranty apply. 13.2 In relation to consumers the warranty period for movable goods amounts to two years from delivery. Where a defect becomes apparent within twelve months of delivery it is presumed to have been present upon delivery, and the burden of proving the contrary rests with us. Thereafter the burden of proof rests with you. 13.3 We accept no liability for defects arising from improper use or use contrary to the intended purpose. The manufacturer’s instructions are to be observed. Warranty claims are forfeited where you or unlicensed third parties intervene in the goods or undertake repairs or attempted repairs. 13.4 Where the goods are defective we bear the costs of return. The following provisions apply exclusively to transactions related to an undertaking:
13.5 The warranty period amounts to twelve months from the passing of risk. 13.6 The reasonable period for notification of defects pursuant to § 377 UGB is fixed at seven days from handover of the goods. Hidden defects are to be notified without delay upon discovery. 13.7 The burden of proving that a defect was already present upon delivery rests in every case with the business customer.
14. Manufacturer guarantee on Van der Gucht trees
14.1 In addition to the statutory warranty, Van der Gucht grants a manufacturer guarantee on its artificial trees against defects in material and workmanship for a period of five years from the date of purchase. The light sets of pre lit trees are guaranteed for two years. Defective parts are repaired or replaced at the election of Van der Gucht. Proof of purchase is required. 14.2 The guarantee does not extend to damage caused by accident, improper use, negligence, or normal wear. The product is to be protected from heat and moisture. 14.3 Where a required part is unavailable, a pro rata scale of contribution applies to the acquisition of a replacement tree, calculated on the selling price at the time the claim is made: year one no contribution, year two 25 percent, year three 50 percent, year four 75 percent, year five 85 percent. 14.4 Shipping costs in a guarantee case are borne by Van der Gucht during the first season of use. Thereafter the customer bears the costs of delivery to the manufacturer, and from the fourth year of use all shipping costs. 14.5 This guarantee is granted by the manufacturer and not by us. It accrues in addition to your statutory warranty rights against us, which remain unaffected and continue to apply without restriction. In a guarantee case please contact us; we undertake authorisation and handling with Van der Gucht on your behalf. 14.6 Beyond the statutory warranty and the manufacturer guarantee described above we grant no separate guarantee unless a guarantee is expressly stated in respect of a particular product.
15. Damages and liability
15.1 We are liable without limitation for damage arising from injury to life, body, or health, for damage caused intentionally or by gross negligence, and under the Product Liability Act. 15.2 In relation to consumers, our liability for damage to property in cases of slight negligence is limited to damage which is foreseeable and typical of contracts of this kind. Liability is not excluded where the law does not permit exclusion. 15.3 Our seasonal items are decorative objects. The assembly and safety instructions supplied with each item are to be observed, in particular in respect of lighting products and the anchoring of tall trees. We accept no liability for damage arising from use contrary to those instructions, from installation carried out by third parties, or from placement in unsuitable conditions. The following provisions apply exclusively to transactions related to an undertaking:
15.4 Claims for damages in cases of slight negligence are excluded. This exclusion does not apply to personal injury. 15.5 The business customer bears the burden of proving gross negligence or intent on our part. 15.6 We are not liable for indirect or consequential damage, loss of profit, loss of production, or loss of use. Our total liability under any contract is limited to the value of that contract. 15.7 Rescission by the business customer on grounds of delay in delivery is permissible only upon the fruitless expiry of a reasonable period of grace of not less than four weeks set by the business customer. 15.8 Claims for damages by the business customer may be asserted judicially only within eight months of knowledge of the damage, and in any event within three years of the event giving rise to the claim.
16. Set off and retention
16.1 Consumers may set off claims which are undisputed, judicially determined, or connected with our claim, and may withhold performance to the extent permitted by law. 16.2 Business customers may set off only claims which are undisputed or judicially determined, and may not withhold payment on account of counterclaims arising from other contracts.
17. Bespoke works, commissioned projects, and rentals
17.1 Bespoke installations, commissioned pieces, styling and design services, and rental arrangements are not concluded through this online shop. They are quoted individually and are governed by the separate written agreement concluded for the project in question. 17.2 Where a consumer commissions goods manufactured according to their specification or clearly tailored to their personal requirements, no right of withdrawal subsists pursuant to § 18 FAGG. We inform the consumer of this in writing prior to the placing of the commission and require written acknowledgment before commencement of the work. 17.3 Where a consumer requires performance of a service to commence within the withdrawal period of fourteen days, we require the express request of the consumer together with acknowledgment that the right of withdrawal lapses upon complete performance. Where the consumer withdraws after commencement of performance, proportionate remuneration is payable for the part already performed.
18. Data protection
18.1 Personal data is processed as set out in our Privacy Policy.
19. Alternative dispute resolution
19.1 We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board. Your right to bring proceedings before the ordinary courts remains unaffected.
20. Applicable law, place of performance, and jurisdiction
20.1 All contracts concluded through our online shop or by way of distance selling are subject exclusively to Austrian law, to the exclusion of the conflict of laws rules of private international law and to the exclusion of the UN Convention on Contracts for the International Sale of Goods. 20.2 Excepted from this choice of law are the mandatory consumer protection provisions of the state in which the purchaser has their habitual residence. 20.3 Where you are a consumer domiciled in Austria, the court within whose district your domicile, habitual residence, or place of employment is situated has jurisdiction over any action brought against you, in accordance with § 14 KSchG. Actions against us may be brought at any legally prescribed venue. 20.4 Where you are not a consumer, the place of performance and the place of jurisdiction for all disputes is Vienna, Inner City.
21. Severability
21.1 Should individual provisions of these Terms be or become legally ineffective, the remaining provisions and the contracts concluded on the basis thereof remain in force. In relation to consumers the ineffective provision is replaced by the relevant statutory rule.
22. Amendments
22.1 We may amend these Terms in respect of future orders. The version in force at the time of your order applies to that order.