Terms and Conditions (T&Cs) – Emmys Kerzen
Scope of Application
These Terms and Conditions (T&Cs) apply to all orders placed via the online shop Emmys Kerzen (hereinafter referred to as “we” or “us”).
Any differing terms and conditions of the customer shall not be recognized unless we expressly agree to their validity in writing.
These T&Cs apply to both consumers (B2C) and entrepreneurs (B2B) within the meaning of the Austrian Consumer Protection Act (KSchG).
2. Offer and Conclusion of Contract
Our product presentations in the online shop do not constitute a legally binding offer but a non-binding invitation to place an order.
By submitting an order, the customer makes a binding offer.
For order processing purposes, Emmys Kerzen is entitled to send the customer all information required for contract execution to the email address provided, in particular order confirmations, payment information, invoices, and information on product news or special conditions.
The contract is concluded only upon our express confirmation or upon dispatch of the goods
3. Prices and Payment Terms
All prices are stated in euros (€) and are final prices, including all price components.
Due to the application of the small business regulation pursuant to Section 6 (1) No. 27 of the Austrian VAT Act (UStG), no value-added tax (VAT) is shown or charged.
Available payment methods are displayed during the ordering process (e.g. bank transfer, Klarna, etc.).
Payment is due immediately upon conclusion of the contract.
Shipment of the goods will only take place after full payment has been received.
If no payment is received within 7 days, we reserve the right to cancel the order.
The stated processing and manufacturing time begins only after payment has been arrived.
Custom-made / Individual Orders
For personalized or specially made candles, pricing is calculated individually based on effort and material usage.
The agreed price will be communicated to the customer in writing prior to the start of production.
A flat-rate shipping fee is charged for delivery to the address specified by the customer. This fee is displayed in the shopping cart before completion of the order and stated in the order confirmation.
The customer may only offset claims against claims of Emmys Kerzen arising from this contractual relationship if such claims have been legally established or acknowledged by Emmys Kerzen. The statutory right of set-off for consumers in the event of insolvency of the business or where the counterclaim is legally connected to the consumer’s obligation remains unaffected.
4. Shipping and Delivery
We deliver within Austria, to Germany, and to other EU countries.
Delivery times are stated on the “Shipping & Delivery” page.
Shipping costs are displayed during the ordering process.
In the event of delivery delays, we will inform you promptly by email.
If a customer is in arrears with due payments, Emmys Kerzen is not obliged to deliver until all outstanding claims have been settled.
The customer is responsible for ensuring that the delivery address provided is correct. In the event of undeliverable shipments due to incorrect information, the customer shall bear the costs of re-delivery.
5. Returns and Refunds
As our products are handmade and partly personalized, there is no right of withdrawal once production has begun (24 hours after order completion) or after shipment.
Cancellation of the order or a refund is only possible within 24 hours after order completion; production begins thereafter.
Returns and return shipments of received orders are excluded.
If an item arrives damaged or defective, please contact us within 7 days of receipt at shop@emmyskerzen.com. We will find a fair solution (e.g. partial replacement or credit).
The following information is mandatory: a description of the damage, the order number, and a photo of the damage.
6. Retention of Title
The goods remain our property until full payment has been received.
7. Disclaimer of Liability & Safety Instructions
Candles by Emmys Kerzen are carefully handmade.
Minor deviations in color, shape, or scent are production-related and do not constitute a defect within the meaning of warranty law.
Please always observe the enclosed safety instructions.
Emmys Kerzen candles must never be left unattended while burning and must be kept out of reach of children and pets and away from flammable materials.
Emmys Kerzen assumes no liability for damages resulting from improper handling, unsafe use, or failure to follow safety instructions.
These safety instructions are enclosed with every order and can also be found under the “Safety Instructions” section on the website.
To the extent permitted by law, no liability is assumed for indirect damages, consequential damages, or loss of profit.
Liability for personal injury remains unaffected.
Note on Fragrances and Materials
Emmys Kerzen uses exclusively natural ingredients. Some candles contain nature-identical fragrance oils.
If you have known sensitivities or allergies to certain fragrances, we recommend requesting the exact ingredients prior to use.
Emmys Kerzen assumes no liability for allergic reactions caused by individual intolerances.
No liability is assumed for damages resulting from improper handling, failure to observe safety and warning instructions, or misuse.
Statutory product liability and warranty provisions remain unaffected.
8. Ingredients and Materials
- 1. Material Composition
Emmys Kerzen candles are hand-poured and made from 100% natural soy wax. Depending on the product variant, they may contain natural or nature-identical fragrance oils, color pigments, glitter stones, or dried botanical elements (e.g. flower petals). - 2. Origin and Quality
The soy wax used is vegan, biodegradable, and free from paraffin, palm oil, and animal fats. All additives are also natural, carefully selected, and comply with applicable legal regulations. - 3. Allergenic Substances and Liability
Emmys Kerzen assumes no liability for allergic reactions or intolerances. - 4. Color and Fragrance Variations
As all products are handmade, slight variations in color, shape, and fragrance intensity may occur. These do not constitute a defect within the meaning of statutory warranty rights.
9. Intellectual Property / Copyright and Design Ideas
- 1. Copyright and Design Protection
All designs, ideas, product shapes, drafts, concepts, texts, photos, and graphic designs of Emmys Kerzen are protected by copyright and/or design law.
This applies in particular to the design of candles, packaging, labels, fragrance compositions, and product presentation. - 2. Protection of Ideas and Drafts
Unpublished design ideas, sketches, and drafts, including those created within the scope of individual commissions, remain the intellectual property of Emmys Kerzen.
They may not be copied, imitated (even in modified form), or used for commercial purposes. - 3. Usage Rights for Custom Orders
For individual or personalized orders, all rights to the underlying designs, ideas, and creations remain with Emmys Kerzen unless expressly agreed otherwise. - 4. Use of Content
All product images, texts, and other content on Emmys Kerzen platforms (e.g. Etsy, website, Instagram) may not be reused or distributed without written consent.
Sharing, linking, or reposting content (e.g. product images or posts) on social networks (such as Instagram, Facebook, or Pinterest) is expressly permitted, provided the source is clearly credited or linked and the content is neither altered nor used for commercial purposes. - 5. Any further use, in particular for advertising, sales, or other commercial purposes, requires prior written consent from Emmys Kerzen.
- 6. Legal Consequences of Infringements
Any unauthorized use, reproduction, or imitation of designs, ideas, or content may result in legal action.
10. Warranty
For consumers, the statutory warranty period is 24 months from receipt of the goods.
For entrepreneurs, the warranty period is 12 months.
11. Right of Withdrawal for Consumers
Standard Products (without individual customization):
For products that are not personalized or custom-made and are offered for sale in the shop, the statutory right of withdrawal pursuant to the Austrian Distance and Off-Premises Contracts Act (FAGG) applies. Fern- und Auswärtsgeschäfte-Gesetzes (FAGG)You may return these products within 14 days of receipt without stating any reasons.
Custom-made or Personalized Products:
For custom-made or or personalized products manufactured according to your specific wishes, there is no right of withdrawal pursuant to Section 18 (1) No. 3 FAGG, as these products are made specifically for youand are not suitable for return.
Returns or exchanges are therefore excluded unless the goods were delivered or damaged or defective. geliefert worden.
Important Notice:
Minor variations in color, shape or glitter distribution may occur due to the handmade nature of the products and the materials used and do not constitute a defect. keinen Mangel dar.
12. Place of Jurisdiction and Applicable Law
Austrian law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
For consumers, the place of jurisdiction is the consumer’s place of residence if the consumer places the order as part of a distance selling contract (e.g. via the online shop) and has a place of jurisdiction abroad.
For entrepreneurs, , the agreed place of jurisdiction is the registered office of the company in Baden bei Wien Austria.
13. Contact
Emmys Kerzen
Owner: Alexandra Huber
Address: 2511 Pfaffstätten, Lower Austria
E-Mail: shop@emmyskerzen.com