Terms of service

GENERAL TERMS AND CONDITIONS

THE GARDEROBE
Francesco Procopio
Riesengasse 6, A-6020 Innsbruck
Email: info@thegarderobe.at
Phone: +43 676 7157990
UID No: ATU73599304

§ 1 SCOPE OF APPLICATION
1) For the business relationship between THE GARDEROBE, Francesco Procopio (hereinafter referred to as "THE GARDEROBE") and the customer, the following General Terms and Conditions of Business apply exclusively from 01.04.2020, regardless of the means of communication used.

2. the customer acknowledges the exclusive validity of the General Terms and Conditions of THE GARDEROBE for the entire business relationship. THE GARDEROBE does not recognise any deviating conditions of the customer unless the management of THE GARDEROBE has expressly agreed to their validity in writing. If the customer enters into a business relationship with THE GARDEROBE by using the website, the customer accepts the GTC as the basis for the entire business relationship between the customer and THE GARDEROBE.

§ 2 CONCLUSION OF CONTRACT AND WITHDRAWAL
1. the presentation of the products within the framework of the online shop is not a legally binding offer, but a non-binding online catalogue. By clicking the button "Send order" you place a binding order of the goods contained in the shopping cart. The confirmation of receipt of the order follows immediately after sending the order by an automated e-mail and does not constitute an acceptance of the contract. The acceptance of the contract does not take place until you receive an e-mail from us confirming the dispatch of the goods or the order. We can accept your order within seven days.

2. you have the option of concluding the purchase contract in German or English. Order and business language is also optionally German or English.

3. if THE GARDEROBE cannot accept the customer's offer or if certain products of the order are no longer available, the customer will be informed immediately.

4. in the event of writing, printing or calculation errors on the website, THE GARDEROBE is entitled to withdraw from the contract.

5. all offers are valid while stocks last. If THE GARDEROBE's supplier does not supply THE GARDEROBE with the ordered goods despite contractual obligations, THE GARDEROBE is also entitled to withdraw from the contract. In this case the customer will be informed immediately that the ordered product is not available. The purchase price already paid will be refunded within 14 working days (whereby Saturday does not count as a working day) or, upon request, offset against other goods.

6. the customer has a right of withdrawal of 14 days. The customer has to bear the costs of the return shipment. The instruction about the conditions and consequences of the right of withdrawal are listed below:

7. REVOCATION INSTRUCTION

Right of revocation You may revoke your contractual declaration within 14 days without giving reasons in writing (e.g. letter, e-mail). The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient. The timely dispatch of the revocation suffices to comply with the revocation period. The revocation is to be addressed to: THE GARDEROBE, owner Francesco Procopio, Riesengasse 6, 6020 Innsbruck, Austria, mail: info@thegarderobe.at. The goods are to be sent to: The wardrobe, owned by Francesco Procopio, Riesengasse 6, 6020 Innsbruck, Austria. Consequences of revocation in the event of an effective revocation are to be returned by both parties and any benefits received (e.g. interest) are to be surrendered. If you are unable to return or surrender to us the received performance and use (e.g. advantages of use), or only partially or in a deteriorated condition, you must compensate us for the value. For the deterioration of the goods and for the use of the goods you have to pay compensation only if the use or the deterioration is due to the handling of the goods, which goes beyond the examination of the characteristics and the functionality. The term "testing of the properties and functionality" means the testing and trying out of the respective goods, as it is possible and usual in a retail shop. Goods that can be sent as a parcel are to be returned. The customer must bear the regular costs of the return shipment. Obligations to refund payments must be fulfilled within 30 days.

The time limit begins for you with the dispatch of your cancellation or the goods, for us with their receipt The right of withdrawal does not apply to the delivery of goods that are manufactured according to customer specifications or clearly tailored to personal needs. Cost bearing agreement: if the right of revocation is exercised, the regular costs of the return shipment are to be borne by the customer.

END OF THE REVOCATION INSTRUCTION

§ 3 DELIVERY
1. unless otherwise agreed, delivery will be made to the delivery address provided by the customer.

2. the delivery is carried out by standard (Austrian Post or partners).

Packages within Austria are free of charge.

Packages, which are dispatched within Germany, we charge 9.90 €.

Other EU countries: 15€, Non EU countries 20€

Pickups in the shop are free of charge during normal business hours, at the earliest on the following working day.

3. if a delivery to the customer is not possible because the customer is not found at the delivery address indicated by him, although the delivery time was announced to the customer with an appropriate period of notice or the delivery address was not indicated correctly, the customer bears the costs for the unsuccessful delivery.

4. the delivery is made ex warehouse, where the place of performance of the delivery also takes place. With the delivery to the customer, the risk is transferred to the customer.

5. THE GARDEROBE is not responsible for delays in delivery and performance due to force majeure. Events of force majeure entitle THE GARDEROBE to postpone the delivery for the duration of the hindrance and a reasonable start-up time or to withdraw from the contract in whole or in part due to the part not yet fulfilled. Force majeure includes blockade, export and import bans, fire, flood or other natural disasters, extraterrestrials, strikes or other labour disputes or wage disputes, war, riots or government action (including problems with customs clearance in the country of origin or destination irrespective of their nature, is caused by the default of suppliers or subcontractors (including, but not limited to, carriers) or other circumstances beyond THE GARDEROBE's control and is the same as other sovereign interventions, regardless of whether they occur at THE GARDEROBE or at a supplier of THE GARDEROBE.

6. we must inform the customer immediately of the occurrence of an event of force majeure that will hinder an imminent delivery.

§ 4 MATURITY AND PAYMENT, DEFAULT
1 All THE GARDEROBE product prices are gross prices, include value added tax and are shown in Euros. The prices are valid at the time of the order including VAT, plus all expenses incurred with the shipment until cancelled.

2. the purchase price shall be due immediately upon ordering.

3. the customer can pay the purchase price by credit card and Paypal. The customer has the option of requesting login data from THE GARDEROBE at any time so that he can track his order.

4. if the customer is in default of payment, THE GARDEROBE is entitled to demand interest on arrears at the rate of 8% p.a. If THE GARDEROBE has incurred a higher damage caused by default, THE GARDEROBE is entitled to claim this.

§ 5 SET-OFF, RETENTION
1. the customer is only entitled to a right of set-off if his counterclaims have been legally established or recognised by THE GARDEROBE. The consumer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship. The entrepreneur is not entitled to withhold payments.

§ 6 RESERVATION OF TITLE
1 All our deliveries and services are subject to reservation of title. The delivered goods remain the property of THE GARDEROBE until all claims against the customer have been settled in full.

2. the customer is obliged to treat the goods with care during the existence of the reservation of title. The customer must immediately inform THE GARDEROBE in writing of any access to the goods by third parties, in particular of any enforcement measures, as well as of any damage to or destruction of the goods. The customer must notify us immediately of any change of ownership of the goods and of any change of address.

§ 7 WARRANTY
1. the warranty period shall be in accordance with the statutory provisions. This is 2 years and begins from the time of receipt of the goods.

2. customers must inspect the delivered goods for defects within a reasonable period of time and notify us in writing within a period of one week from receipt of the goods; otherwise the assertion of warranty claims is excluded.

3. the warranty does not extend to normal wear and tear or wear and tear through use.

4. if there is a defect in the purchased item for which THE GARDEROBE is responsible, THE GARDEROBE is entitled to choose whether to remedy the defect or to deliver a replacement. If THE GARDEROBE is not willing or able to remove the defect/replacement delivery, or if this is delayed beyond a reasonable period of time for reasons for which THE GARDEROBE is responsible, or if the removal of the defect/replacement delivery fails in any other way, the customer is entitled to choose to withdraw from the contract or to demand a corresponding reduction in the purchase price.

5. if a warranty case occurs for a product purchased in the online shop, the customer may return the goods to the contact address provided. If it turns out that there is no defect covered by warranty, THE GARDEROBE will charge the customer for the expenses incurred.

6. compensation for (defect) consequential damages, as well as other property damage, financial losses and damages to third parties against the customer, unless it is a consumer transaction, is excluded.

§ 8 LIABILITY
1. further claims of the customer against THE GARDEROBE other than the warranty claims regulated in § 7, in particular claims for damages, are excluded to the extent permitted by law Thus THE GARDEROBE is not liable for damages that have not directly occurred to the delivered item itself and in particular not for lost profits or other financial losses of the customer. If the liability of THE GARDEROBE is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

The limitation of liability under § 8 para. 1 does not apply if the cause of the damage is based on intent or gross negligence or if personal injury is involved.

3. THE GARDEROBE is not liable for ensuring that the services offered by its website are accessible without interruption or that stored data is retained.

4. the risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon delivery, in the case of mail order purchases upon delivery of the goods to the post office or to the person otherwise designated to carry out the shipment. It is equal to the handover if the customer is in default with the acceptance.


§ 9 LEFT AND REFERENCES
1) The links set by THE GARDEROBE to external sites are only signposts to these sites; they are therefore displayed in their own browser windows by means of external links. THE GARDEROBE does not identify itself with the contents of the pages to which reference is made and assumes no liability for them.


§ 10 INFORMATION DUTIES
1. the customer is obliged to provide truthful information when ordering. If the customer's details change, in particular name, address, e-mail address, telephone number, the customer is obliged to inform THE GARDEROBE of this change immediately by changing the details. If the customer fails to provide this information or if the customer provides false data from the outset, in particular a false e-mail address, THE GARDEROBE may withdraw from the contract if a contract has come into existence.


§ 11 APPLICABLE LAW AND PLACE OF JURISDICTION
1 Austrian law shall apply.

2. all legal transactions between THE GARDEROBE and the customer shall be governed exclusively by Austrian law, to the exclusion of its conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods, unless otherwise stipulated by mandatory legal provisions.

3. the Austrian consumer protection regulations apply to consumers.

4. if the customer does not have a general place of jurisdiction in Austria, moves his residence or usual place of abode abroad after conclusion of the contract or his residence or usual place of abode is unknown at the time of filing a suit, then Innsbruck is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.

5. if the customer has his residence or his usual place of abode or is employed in Germany, only the jurisdiction of the court in whose district the residence, the usual place of abode or the place of employment is located can be established for an action against him according to §§ 88, 89, 93 para. 2 and 104 para. 1 JN. This does not apply to legal disputes that have already arisen. For possible legal disputes arising from the contract, the mandatory consumer law provisions at the customer's place of residence shall also apply to the contractual relationship.

6. THE GARDEROBE recognises the Internet Ombudsman as an out-of-court settlement of disputes: Internet Ombudsman Margaretenstr. 70/2/10A-1050 Vienna Austria www.ombudsmann.at

§ 12 SEVERABILITY CLAUSE
If individual provisions of the present contract become invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by enforceable and valid provisions whose effects come as close as possible to the economic objective which the contracting parties pursued with the invalid or unenforceable provision. The above provisions shall also apply in the event that the contract proves to be incomplete.


Status: April 2020