FREE SHIPPING TO AUSTRIA AND GERMANY
1. preamble
The Windy-Magdalena e.U., owner: Mrs Windy-Magdalena Buffalo-Schirmer, located in Dr. Ludwig Rieger-Str. 36/1, 2340 Mödling, Austria (hereinafter referred to as “COMPANY”) offers exquisite fashion items (hereinafter referred to as “goods”) via her webshop.
These general terms and conditions (hereinafter referred to as “GTC”) are addressed to private customers (consumers in the sense of section 1 Abs Z 2 KSchG) („Austrian Customer Protection Act“) (hereinafter referred to as “CUSTOMER”).
For the purpose of better readability, no gender-specific differentiation is made. This is done without any intention of discrimination. All genders are equally addressed.
2. Scope of application
The GTC regulate the acquisition, use and exploitation of the goods.
In the event of a contradiction, these GTC supersede any general terms and conditions of the CUSTOMER.
Contractual, ordering and business language is English.
These GTC are permanently available on the website.
3. Conditions of use
The CUSTOMER is obliged to provide true and complete information in the course of the business relationship and to keep his data up to date at all times. He shall treat his data confidentially. If the CUSTOMER suspects misuse by third parties, he must inform the COMPANY immediately.
The CUSTOMER shall refrain from all actions that could endanger or impair the technical provision of services of the COMPANY (including cyber attacks). Such behaviour will be legally prosecuted.
It is the CUSTOMER’s responsibility to create the necessary electronic infrastructure (in particular e-mail account as well as hardware and software infrastructure) for using the services.
4. Offer and conclusion of contract
By clicking the button “Pay now“, the CUSTOMER places a binding order to conclude a contract with the COMPANY. The COMPANY is not obliged to accept this order. Before finally submitting an order, the CUSTOMER has the opportunity to check it again for any errors and to correct it if necessary.
The COMPANY shall confirm receipt of an order to the CUSTOMER by sending an e-mail to the address provided by the CUSTOMER (“order confirmation“). This e-mail does not constitute an acceptance of the order by the COMPANY.
The COMPANY reserves the right to check the feasibility of the order within three working days.
The COMPANY may accept offers by confirming the acceptance of the offer in another e-mail (“conclusion confirmation“) or by sending the ordered goods. Only then does the contractual relationship with the CUSTOMER come into effect.
The delivery time is shown in the webshop. In general the COMPANY will dispatch headband orders within three working days from receiving it, except for company holidays that the CUSTOMER will be informed of prior to checkout.
If the COMPANY is prevented from complying with the delivery period due to force majeure (e.g. natural disasters or epidemics) or delivery bottlenecks of third party suppliers, the COMPANY will inform the CUSTOMER of this as soon as possible. In such cases, the delivery period shall be extended by the duration of the interruption of the events.
5. Payment modalities
The prices listed in the shop are in EUR.
International deliveries may be subject to customs duty (“Zoll”). The CUSTOMER shall bear the costs in this regard.
In case of doubt, VAT is not yet included. The amounts stated at the time of ordering shall apply in each case. The COMPANY shall inform the CUSTOMER once again about the prices, taxes and shipping costs in the order confirmation before the order is completed.
The payment methods accepted by the COMPANY are listed in the webshop.
The shipping costs shall in general be borne by the CUSTOMER, unless otherwise agreed. Further information on payment and shipping can be found on the website.
The claims of the COMPANY shall become due upon receipt of the invoice. If the claims are not paid within 14 days, the COMPANY will charge 4% per year in statutory interest on arrears from the due date. In the event of default, the CUSTOMER undertakes to reimburse the COMPANY for any reminder and collection expenses incurred by the CUSTOMER, insofar as they are necessary for the appropriate legal prosecution.
6. Right of withdrawal according to the Austrian distance selling and foreign trade act (“FAGG”)
This right of withdrawal only applies to private consumers.
It is pointed out that the right of withdrawal according to section 18 (1) number 3 FAGG does not exist if goods are manufactured according to CUSTOMERs specifications or are clearly tailored to personal needs.
The CUSTOMER has the right to revoke his contractual declaration or an already concluded contract within fourteen days without giving reasons if the contract was concluded electronically. The withdrawal period shall be fourteen days from the day on which the CUSTOMER or a third party not acting as a carrier and designated by the CUSTOMER acquires possession of the goods.
The products must be returned in the same condition in which they were delivered. Please make sure that they are intact and complete, never worn – except for trying them on – or damaged in any way and that they are returned in their original package (headband dust bag and storage box) with all tags attached. Individualized items cannot be returned.
In order to exercise the right of withdrawal, the CUSTOMER must inform the COMPANY of the decision to withdraw from this contract by means of a clear declaration (e.g. an e-mail or letter sent by post). For this purpose, the COMPANY may use the model cancellation form, which is listed in Annex I B of the Austrian distance selling and foreign trade act (https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20008847) and can also be accessed on the website of the COMPANY.
A declaration of revocation is to be sent to the following address:
Windy-Magdalena e.U.
Dr. Ludwig Rieger-Str. 36/1
2340 Mödling
AUSTRIA
office@windymagdalena.com
0043 660 4787616
In order to comply with the withdrawal period, it is sufficient that the CUSTOMER sends the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. If this option is used, the CUSTOMER will be sent a confirmation of receipt of such revocation. If the CUSTOMER revokes the contractual statement or a contract that has already been concluded, the COMPANY shall return all payments that it has already received from the CUSTOMER without undue delay and no later than within fourteen days from the day on which the COMPANY received the notification of revocation of this contract. For the repayment, the COMPANY shall use the same means of payment that the CUSTOMER used for the original transaction. Alternatively, the CUSTOMER can choose a customer credit balance and receive a coupon code via Email.
If a loss in value of a good is due to the fact that the good has been used in a way that is not necessary for checking the condition, the CUSTOMER shall be liable for this loss in value.
The direct costs of returning the goods shall be borne by the CUSTOMER, unless otherwise agreed.
7. Retention of titel
All goods delivered by the COMPANY remain its property until full payment has been made.
If the CUSTOMER has not taken over the goods as agreed (default of acceptance), the COMPANY shall be entitled either to store the goods, for which a reasonable storage fee may be charged per calendar year or part thereof, or to deposit the goods in court at the expense and risk of the CUSTOMER.
8. Liability for damages and warranty
The liability of the COMPANY for slight negligence is excluded.
This limitation of liability does not apply with regard to intentional damage, personal injury and under the Product Liability Act.
9. Risk transfer
The risk of loss of or damage to the goods shall (only) pass to a CUSTOMER when the CUSTOMER or a third party authorised by him to receive the goods (who is not the carrier) has taken possession of the goods.
10. Data protection and protection of business and trade secrets
The disclosure of data and information to the respective required business partners is permitted to the extent necessary for the fulfilment of the contractual relationship (Art 6 para 1 lit b GDPR). Otherwise, the COMPANY is mutually obliged to maintain secrecy about the circumstances and data related to the other, of which they become aware due to the present business relationship, and in particular to observe data secrecy. These obligations regarding data and business secrecy shall also apply beyond the contractual relationship. The COMPANY further undertakes to instruct and instruct their employees and vicarious agents in this sense.
The COMPANY draws attention to the fact that data of the CUSTOMER may be processed for advertising purposes on the basis of legitimate interests (Art 6 para 1 lit f GDPR). The CUSTOMER may object to this form of data processing at any time (Art 21 para 2 GDPR).
Further information on the processing of personal data can be found in the privacy policy.
11. Jurisdiction and Applicable Law
This contractual relationship is based on Austrian law and this is deemed to be agreed upon. However, this choice of law may not result in a consumer being deprived of the protection afforded to him by the mandatory provisions of his country of residence (Art 6 number 2 Rome I Regulation). The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) as well as of conflict-of-law rules is excluded.
The exclusive place of jurisdiction shall be Wiener Neustadt, Austria. If the CUSTOMER is a consumer and has his domicile or habitual residence in Austria or is employed in Austria, the CUSTOMER may be sued in derogation thereof only before those courts in whose district his domicile, habitual residence or place of employment is located.
Reference is made to the possibility of dispute resolution by way of an online dispute resolution platform (Art 14 para 1 S 1 ODR Regulation) (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE) and national consumer arbitration boards. The COMPANY does participate in such arbitration proceedings if the CUSTOMER is to be qualified as private consumers.
12. Further issues
Amendments to these terms and conditions as well as supplements to these terms and conditions shall only be valid if they have been agreed and signed in writing.
The COMPANY recommends the CUSTOMER to save these GTC permanently.
(Mai 2022)