Terms and Conditions
(Terms and Conditions) by Christian Pichlkastner (Chris and the ugly boots)
hereinafter referred to as ” seller “
Marathonweg 22/1/19, 1020 Vienna
hello@chrisandtheuglyboots.com
ATU66739513
1. Validity
All deliveries, services and offers of the seller are based on these general terms and conditions and the seller only declares his willingness to conclude a contract and to fulfill them under these conditions. By placing an order, the customer agrees to these General Terms and Conditions.
2. Order
The presentation of the goods in the online shop chrisandtheuglyboots.com does not constitute a binding offer for sale, but the customer is merely invited to submit an offer by ordering.
The order is made in the following steps:
- Selection of the desired goods (“In the shopping cart”)
- checking the goods
- Click on the “Checkout” button
- Entering the billing details (first name, last name, address, email address)
- Choice of payment method (credit card, PayPal)
- Accept the general terms and conditions and the data protection regulations as well as the pre-contractual information for consumers (please read them carefully!)
- choice of payment method
- Display of the order data: Before clicking on the button “Order with obligation to pay” or “PayPal buy now” please check your details and make any necessary corrections. After clicking the button, there are no further correction options.
- Clicking the button “Order with obligation to pay” or “PayPal buy now”, whereby the customer submits a binding offer to conclude a purchase contract for the goods contained in the shopping cart.
The seller confirms receipt of the order with a confirmation e-mail, which does not represent acceptance of the contract offer, but only serves to inform you that the order has been received. The confirmation will be sent after 7 days at the latest.
The acceptance of the contract offer and thus the conclusion of the purchase contract takes place through a separate express declaration of acceptance or conclusively through delivery of the goods and takes place at the latest within 30 days of receipt of the order.
The order confirmation contains all the details of your order and can be saved by you; electronic retrieval on the website is not possible.
3. Right of Withdrawal
A buyer who is a consumer within the meaning of the Consumer Protection Act has the right to withdraw from the contract concluded with the seller within fourteen days without giving reasons.
3.1. The cancellation period begins on the day on which the buyer or a third party named by him who is not the carrier took possession of the goods. In the case of a single order for several goods that are delivered separately, from the day on which the buyer or a third party designated by him, who is not the carrier, took possession of the last goods. It is sufficient if the declaration of withdrawal is sent within the fourteen-day period.
3.2. The buyer must inform the seller of his decision to cancel by means of a clear statement (e.g. letter, fax, e-mail). The sample form provided in the appendix to these GTC can be used for this, but this is not mandatory. The declaration of revocation should be sent to Christian Pichlkastner, Marathonweg 22/1/19, 1020 Vienna, Austria, or electronically to hello@chrisandtheuglyboots.com .
3.3. After cancellation, the seller must refund all payments received, including delivery costs, immediately, at the latest within fourteen days of receipt of the declaration of cancellation, using the same means of payment that the buyer used. The seller may refuse repayment until the goods have been returned or the buyer provides proof that the goods have been returned, whichever is earlier.
3.4. The buyer must pay a reasonable fee for the use or compensation for the depreciation of the goods (especially if they show signs of use or damage).
3.5. The buyer must return or hand over the goods to the seller immediately, at the latest within fourteen days of the declaration of cancellation. The deadline is met if the goods are sent before this deadline expires.
3.6. The buyer bears the return costs himself.
3.7. The right of revocation does not exist if the goods have been manufactured according to customer specifications that are clearly in excess of the personal needs of the buyer or are not suitable for return due to their nature.
4. Prices
The prices are listed for the respective products and include sales tax. The shipping costs are already included in the listed purchase price.
5. Terms of Delivery
The seller only delivers to EU countries.
5.1. The delivery time is up to four weeks depending on the place of delivery (shipping is from Austria). After this period has expired, the buyer is entitled to withdraw from the contract after setting a reasonable period of time, which leads to the reversal of the same. Occasionally, longer delivery times may occur, for example due to holidays, which is indicated accordingly on the webshop’s homepage.
5.2. Delivery delays due to incorrect, incomplete or unclear information provided by the buyer are the responsibility of the buyer.
5.3. The seller is not obliged to deliver until the buyer has fulfilled all his obligations that are necessary for the execution.
6. Retention of Title
All goods remain the property of the seller until full payment has been made; delivery is subject to retention of title. If third parties access the reserved goods, the buyer is obliged to point out the seller’s ownership rights.
6.1. Until the purchase price claim has been paid in full, the buyer may not dispose of the reserved goods, i.e. may not sell, pledge, give away or lend them.
6.2. The buyer bears the full risk for the reserved goods, in particular for the risk of destruction, loss or deterioration.
7. Terms of Payment
Payment can be made by credit card and Paypal. In the event of default of payment, the seller is entitled to demand default interest at the statutory rate (4% pa for consumers, 9.2% above the base interest rate pa for entrepreneurs).
8. Dunning fees
In the event of default in payment, the buyer undertakes to reimburse the reminder fees necessary for appropriate legal prosecution. In the case of entrepreneurial transactions, these include a lump sum of EUR 40.00 as compensation for the operating costs (§ 458 UGB). The assertion of further rights and claims remains unaffected.
9. Default of Acceptance
In the event of default in acceptance or payment, the seller is entitled to withhold outstanding deliveries. In the event of default of acceptance, the seller is entitled to either insist on the fulfillment of the contract or to withdraw from the contract setting a two-week period, which leads to the reversal of the same.
10. Minor Service Changes
If it is not a consumer transaction, minor changes or changes that are otherwise reasonable for the buyer in the performance and delivery obligation are deemed to have been approved in advance.
11. Warranty
In the event of defective performance, the buyer is entitled to the statutory warranty claims.
12. Indemnification
All claims for damages against the seller are excluded in cases of slight negligence. This does not apply to personal injury. The injured party has to prove the existence of negligence, unless it is a consumer transaction.
13. Copyright and Image Rights
The photographic works on which the photographic prints are based remain the intellectual property of the seller. With the purchase, the buyer does not acquire any rights of use or exploitation of the photographic works of any kind, but only ownership of the delivered print.
14. Place of Performance
The place of performance is the seller’s registered office in 1020 Vienna.
15. Contract Language
The contract language is German.
16. Jurisdiction
The contractual partners agreed that Austrian domestic jurisdiction should apply. Unless it is a consumer transaction, the competent court at the seller’s registered office shall have exclusive local jurisdiction for all disputes arising from the contracts between the parties.
17. Choice of Law
Substantive Austrian law is applicable to the contracts concluded between the parties, excluding the reference standards of international private law and excluding the UN sales law. This choice of law applies to consumers only insofar as it does not restrict any mandatory statutory provisions of the state in which the consumer has his domicile or habitual abode.
18. Severability Clause
Should individual provisions of the general terms and conditions be ineffective, invalid or void or become so over the course of their duration, this shall not affect the effectiveness and validity of the remaining provisions.
19. Assignment
The assignment of individual rights or obligations from these General Terms and Conditions is only permitted with the express written consent of the other contractual partner.
20. Appendix
Sample cancellation form
(If you want to revoke the contract, please fill out this form and send it back)
To
Christian Pichkastner
Marathon path 22/1/19
1020 Vienna
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/
— Ordered on (*)/received on (*)
— Name of consumer(s)
— address of the consumer(s)
– Date
(*) Delete where not applicable
Copyright Christian Pichlkastner