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Terms and conditions

1) Scope of application

1.1 These Terms and Conditions (hereinafter “Terms”) apply to all contracts concluded between the seller and a consumer or business customer (hereinafter “Customer”) regarding the goods presented in the seller’s online shop. Any differing terms of the Customer shall not apply unless expressly agreed in writing.

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

A business customer is any natural or legal person or partnership with legal capacity for whom the transaction forms part of the operation of their business.

2) Conclusion of contract

2.1 The product presentations in the online shop do not constitute binding offers by the seller but represent an invitation for the Customer to submit an offer.

2.2 By placing an order via the online ordering process and clicking the order button, the Customer submits a legally binding offer for the items in the shopping cart.

2.3 The seller may accept the offer within five days:

  • by sending an order confirmation via email, or
  • by dispatching the goods, or
  • by requesting payment

The first event occurring is decisive for the conclusion of the contract.

2.4 If the seller does not accept the offer within the aforementioned period, the Customer is no longer bound to it.

2.5 The seller stores the contract text and provides it to the Customer together with these Terms in text form after the order has been submitted.

2.6 The contract language is German.

3) Right of withdrawal

Consumers are entitled to a statutory right of withdrawal.

Details are provided in the Withdrawal Instructions supplied separately.

4) Prices and payment terms

4.1 All prices displayed include statutory VAT. Shipping costs are stated separately.

4.2 For deliveries outside the European Union, additional charges such as customs duties or import taxes may apply and must be paid by the Customer.

4.3 Available payment methods include in particular:

  • Shopify Payments (Credit Cards: Visa, Mastercard, Maestro, American Express; Apple Pay; Google Pay)
  • PayPal

    4.4 If prepayment is agreed, payment is due immediately upon conclusion of contract.

    4.5 The final total price is shown before completing the order.

    5) Delivery and shipping conditions

    5.1 Goods are delivered to the address specified by the Customer.

    5.2 Deliveries within Austria are primarily carried out by:

    • Österreichische Post AG, Haidingergasse 1, 1030 Vienna, Austria

    EU-wide and international deliveries are primarily carried out by:

    • UPS Europe SRL, Avenue Ariane 5, 1200 Brussels, Belgium

    5.3 If delivery is not possible and the goods are returned due to reasons attributable to the Customer, the Customer shall bear the costs of the unsuccessful delivery, unless the right of withdrawal has been validly exercised.

    5.4 The risk of accidental loss passes to the Customer upon handover, or — for business customers — upon dispatch to the carrier.

    6) Retention of title

    The goods remain the property of the seller until full payment has been received.

    7) Warranty

    Statutory warranty provisions apply.

    Business customers must observe the inspection and notification obligations under § 377 UGB.

    Products that have been worn, washed, damaged or altered cannot be returned.

    8) Liability

    8.1 The seller is liable without limitation:

    • in cases of intent or gross negligence,

    8.2 In cases of slight negligence concerning essential contractual obligations, liability is limited to foreseeable, typical damages.

    8.3 Otherwise, liability is excluded.

    8.4 These limitations also apply to legal representatives and vicarious agents of the seller.

    9) Applicable law/place of jurisdiction

    Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

    For consumers, this applies only insofar as it does not remove mandatory consumer protection of their country of residence.

    If the Customer is a business customer, the exclusive place of jurisdiction is the location of the seller’s registered office.

    10) Information on online dispute resolution

    The European Commission provides an Online Dispute Resolution platform:

    http://ec.europa.eu/consumers/odr