Rafaella Shinmyo De Lisboa - Poemas do mar 
Gisela Legath-Gasse 5/1, 1220 Wien, Austria Email: [email protected]

Last updated: 16 September 2026.

1. Scope

1.1 These General Terms and Conditions ("Terms") of Poemas do mar, Rafaella Shinmyo De Lisboa ("seller," "we," "us") apply to all contracts for the delivery of goods that a consumer or business customer ("customer") enters into with us via our online shop at www.poemasdomar.com. We do not accept any conflicting terms proposed by the customer unless we have expressly agreed to them in writing.

1.2 A consumer is any natural person entering into a transaction for purposes that are predominantly outside their trade, business, or profession.

2. Conclusion of Contract

2.1 The product listings in our online shop do not constitute a binding offer on our part. They are an invitation for the customer to submit a binding order.

2.2 By placing items in the shopping cart, completing the checkout process, and clicking the button that concludes the order (e.g. "Buy Now" / "Complete Order"), the customer submits a binding offer to purchase the goods in the cart.

2.3 We may accept this offer within five days, either by:

• sending a written or text-form order confirmation (e.g. by email), in which case the moment the confirmation reaches the customer is decisive; or
• shipping the ordered goods, in which case the moment the goods reach the customer is decisive; or
• requesting payment from the customer after the order has been placed.

If more than one of these occurs, the contract is concluded at whichever moment occurs first. If we do not accept the offer within this five-day period, this is treated as a rejection, and the customer is no longer bound by their order.

Note: an automatic order receipt email (confirming only that we received the order) does not by itself constitute acceptance of the contract.

2.4 Depending on the payment method selected, payment processing may be carried out by a third-party payment provider (see Section 4). Where the customer selects a payment method processed by such a provider, we may declare acceptance of the customer's offer at the moment the customer completes the order and triggers the corresponding payment instruction.

2.5 After the order is placed, we store the text of the contract and send it to the customer in text form (e.g. by email). If the customer has created a customer account, order data also remains accessible free of charge via the customer's password-protected account.

2.6 Before submitting a binding order, the customer can identify and correct input errors by carefully reviewing the information displayed on screen, and can correct entries at any point before clicking the button that concludes the order process, using the standard keyboard and mouse functions.

2.7 The order process is available in the language(s) shown in the online shop at the time of ordering.

2.8 The customer is responsible for ensuring that the email address provided for order processing is accurate and able to receive emails from us.

3. Right of Withdrawal

3.1 Consumers generally have a statutory right of withdrawal.

3.2 Full details are set out in our separate Withdrawal Instructions and Model Withdrawal Form (see our "Returns & Withdrawal" page), which form part of these Terms.

4. Prices and Payment Terms

4.1 Unless stated otherwise in the product description, all prices shown are final prices. As a small business under § 6 para. 1 no. 27 UStG (Kleinunternehmerregelung), we do not charge or itemize VAT separately.

4.2 Any additional shipping costs are shown separately in the relevant product description and/or at checkout before the order is placed.

4.3 For deliveries outside the European Union, additional costs may apply that are outside our control and must be borne by the customer, for example, bank transfer or currency conversion fees, or import duties and taxes (e.g. customs). Such payment-related costs may also apply where the delivery address is within the EU but the customer's payment originates from a non-EU account.

4.4 Available payment methods are shown to the customer in the online shop at checkout. These may include credit and debit cards, Apple Pay, Google Pay, Shop Pay, PayPal, Klarna, and other regional payment methods (e.g. Bancontact, EPS, iDEAL, MobilePay), depending on the customer's location.

4.5 Card and wallet payments are processed via Shopify Payments, provided by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland. Further information is available at shopify.com/legal/terms-payments.

4.6 Where the customer selects PayPal, payment is processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to PayPal's own terms of use.

4.7 Where the customer selects Klarna, payment is processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, subject to Klarna's own terms, available at klarna.com.

5. Delivery and Shipping

5.1 Unless otherwise agreed, delivery is made within the shipping area shown in our online shop, to the delivery address provided by the customer during checkout.

5.2 If delivery fails for reasons attributable to the customer (e.g. an incorrect address), the customer bears the resulting reasonable costs. This does not apply to the cost of the original shipment where the customer validly exercises their right of withdrawal - in that case, the rules set out in our Withdrawal Instructions apply.

5.3 Where the customer is a consumer, risk of accidental loss or damage to the goods passes to the customer only upon delivery of the goods to the customer or an authorized recipient - unless the customer independently commissioned a carrier not proposed by us, in which case risk passes on handover to the carrier. Where the customer is a business, risk passes to the customer as soon as we hand over the goods to the carrier.

5.4 In-person pickup is not offered.

6. Retention of Title

Until full payment of the purchase price has been received, the delivered goods remain the property of Poemas do mar.

7. Warranty (Gewährleistung)

7.1 Statutory warranty provisions apply, in particular §§ 922 ff. ABGB and the Austrian Consumer Guarantee provisions (Verbrauchergewährleistungsgesetz). Consumers are entitled to the statutory two-year warranty period from delivery.

7.2 Where the customer is a business:

• we may choose the type of remedy (repair or replacement) in the event of a defect;
• the warranty period for new goods is one year from delivery;
• warranty claims are excluded for used goods;
• the warranty period does not restart if a replacement delivery is made.

7.3 The limitations in 7.2 do not apply to claims for damages or reimbursement of expenses, to cases where a defect was fraudulently concealed, or where mandatory law provides otherwise.

7.4 Consumers are asked (but not legally obliged) to report any obvious transport damage to the carrier and to notify us. Failing to do so does not affect the customer's statutory or contractual warranty rights in any way.

8. Applicable Law

9.1 These Terms are governed by the law of the Republic of Austria, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

9.2 For consumers resident in another EU member state, this choice of law applies only to the extent it does not deprive the consumer of protections granted by mandatory provisions of the law of their country of habitual residence.

9. Jurisdiction

9.1 For customers who are businesses, the exclusive place of jurisdiction for all disputes arising from this contract is our registered place of business.

9.2 For consumers, proceedings may be brought either in the courts of the consumer's place of residence or our place of business, in line with the EU Brussels Ia Regulation. We remain free to bring proceedings in the courts of the customer's place of residence in any case.

10. Alternative Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR) at https://ec.europa.eu/consumers/odr. We are not obliged, and are not generally willing, to participate in dispute resolution proceedings before a consumer arbitration board.

Rafaella Shinmyo De Lisboa, trading as Poemas do mar