TERMS AND CONDITIONS

Valid for all orders in France

HIRSCH Armbänder GmbH, Hirschstrasse 5, 9020 Klagenfurt am Wörthersee, Austria

Last updated: January 2024

 

1. SCOPE
(1)          The following General Terms and Conditions (GTCs) are exclusively applicable in the version that is valid on the date of the purchase order and apply to all contracts concluded via the webshop www.hirschthebracelet.com, between the seller HIRSCH Armbänder GmbH (hereinafter “the seller” or “HIRSCH”) and buyers in their capacity as consumers (the “Customer” or “the Buyer”. Together with the online order they constitute the contractual documents that are enforceable against the parties, to the exclusion of all other documents, brochures, catalogues or photographs of products, which are only indicative in nature.

(2)       Deviating agreements must be concluded in writing. By placing their order and ticking a box provided for this purpose the customer declares that they are aware of and accept these GTCs and shall be bound by them. 

(3)       The Seller reserves the right to modify these general terms and conditions of sale at any time by publishing a new version on the website. The general terms and conditions of sale are those in force at the date of the order confirmation, a copy of which dated on this day can be sent to the consumer at their request.

(4)       Consumer within the meaning of the following provisions and in accordance with the introductory article of the Consumer Code means any natural person acting for purposes that do not form part of their industrial, commercial, craft, freelance or agricultural activity. 

(5)       The inclusion of general conditions of sale or general contractual terms of the customer departing from these general terms and conditions of sale is excluded unless HIRSCH expressly acknowledges them.

(6)       Should individual provisions in these GTCs be wholly or partly ineffective, due to mandatory statutory regulations, then the remaining provisions in these GTCs shall continue to be valid without change.

(7)       The GTCs are exclusively applicable to products supplied to consumers resident in France.

(8)       The contract language shall be English. All the contractual information provided on the site is in French. All other information, the Seller’s customer service and the complaints procedure shall also be handled in French.

 

2. OFFER AND CONCLUSION OF CONTRACT
(1)       All product presentations in the Seller’s webshop are made without obligation and do not bindingly commit us to the conclusion of a contract. The photographs illustrating the products do not constitute a contractual document.

(2)       The customer’s purchase order constitutes a purchase offer. This offer only acquires the status of a contract upon the Seller’s acceptance.

(3)       The products are offered and supplied within the limits of the available stock. In the event of the ordered product being unavailable, the Seller shall immediately inform the Buyer of this and may offer a product of equivalent quality and price, or, failing this, a gift card in the amount of the order that can be used for the next order. In the event of the customer not agreeing to this, the Seller shall reimburse the amounts spent within two weeks.

(4)       A purchase order is only possible if all mandatory boxes have been completed. If details are missing or if HIRSCH is otherwise unable to fulfil a purchase order, the Customer will be sent an error message.

(5)       If the customer uses external payment services such as PayPal, the Customer is automatically taken to the external website of the relevant payment service provider.

(6)       Before finalising a purchase order, the Customer has an opportunity to check all the details again, in particular the total price and details of their order, to make corrections to the purchase order or to cancel the purchase order. As part of the ordering process, the Customer is supported by detailed information.

(7)       The Customer issues a binding purchase offer to the Seller by clicking the button “Order and Pay”.

(8)       Once HIRSCH has received the purchase order, HIRSCH will send notification to the email address provided by the Customer, letting them know that it has received and can confirm their order. Confirmation of the order constitutes the conclusion of a contract with us.

(9)       The Customer is generally bound by their purchase order until after 2 days of our receipt of the same. This shall not affect the statutory right of cancellation. 

(10)     As soon as the goods have been dispatched, the Customer receives an email or text message from the carrier, containing a tracking number and status information.

 

3. PRICES AND TERMS OF PAYMENT
(1)       All the prices shown on the site are total costs, i.e. they are inclusive of all taxes such as VAT and other charges, but exclusive of shipping costs. The total amount payable by the Customer is shown on the order confirmation page.

(2)       The sales price is the price in force on the day of ordering. The Seller reserves the right to modify its prices at any time, while guaranteeing to the Customer that it will apply the price in force on the day of ordering. 

(3)       Shipping costs do not form part of the purchase price. For further details, please see Shipping Costs. This also contains the minimum gross invoice totals for which shipping is free of charge. 

(4)       In the event of promotions, the Seller undertakes to apply the promotional price to all orders placed during the period for which the promotion is advertised. 

In the event of an error in the price shown on the site: 

- If the actual price is higher than the price shown on the site, the Customer will be contacted; in this case a contract will only be concluded if the Customer wishes to buy at the actual price. 

- If the actual price is lower than the price shown on the site, this price will be charged.

(5)       The invoice will be enclosed with the shipment as a hard copy, addressed to the Customer. Registered webshop customers can also access their invoices via their customer accounts at any time.

(6)       Billing takes place in euros. 

(7)       Payment options

We provide the following payment options:

– VISA card

– MasterCard

– Maestro

– PayPal

8)         Unless otherwise agreed, the purchase price is payable immediately, without deductions and without incurring expenses.

(9)       Credit and debit card payments

If payments are made by credit or debit card, the card details are not stored by HIRSCH Armbänder GmbH, but are received in encrypted form via an external payment service provider. The card is debited within one calendar week. 

When paying by credit or debit card, the customer is requested to provide the following details: cardholder, card number, bank or credit card company, expiry date, CVV code. The data are subject to SSL encryption, using a minimum of 128-bit encryption software, and are therefore not accessible to unauthorised persons.

 

4. TERMS OF DELIVERY
(1)       We only ship to addresses in France.

(2)       Under normal circumstances goods are shipped within 5 working days of the concluded contract being confirmed by the Seller, and no later than 30 days after the order date. Should different shipping times be applicable, please note the details on the relevant product page. If HIRSCH is unable to accept a purchase order, it will let the Customer know immediately. This may be the case, for example, if goods are unavailable.

(3)       Goods are shipped to the address specified by the Customer. If details provided by the customer are incorrect, incomplete or not clear, then all resulting costs shall be borne by the Customer.

(4)       If the Customer does not accept goods that have been delivered in a contractually compliant manner at the contractually agreed location or at the contractually agreed time, then HIRSCH’s performance duty shall be considered to be fulfilled. Provided that the delay has not been caused by an action or inaction of the Seller, the latter shall be entitled to demand contractual performance or may cancel the contract after setting a later deadline for the acceptance of the goods. If the contract is cancelled, any performance or partial performance shall be billed and become payable. This also applies if the goods and services from HIRSCH have not yet been accepted and/or instances where it effected preliminary performance.

(5)       If a product is not available for delivery 30 days after contractual conclusion, the Customer is entitled to cancel the contract, unless a different shipping date has been agreed with the Customer in advance. In the event of contractual cancellation any payments made until that point shall be returned to the Customer. HIRSCH shall use the same payment method for repayment that was used by the Customer in the original transaction.

 

5. RIGHT OF CANCELLATION
(1)       The Customer is entitled to cancel the contract within fourteen days, without giving reasons.

The cancellation period is fourteen calendar days,

• starting on the day when possession of the goods is taken by the Customer or by a third party appointed by the latter and not working as a carrier;

• if the Customer has ordered several goods items as part of a single purchase order, yet those items are shipped separately: in such a case the cancellation period shall start on the day when possession of the last delivery is taken by the Customer or by a third party appointed by the latter and not working as a carrier;

• if goods are shipped in several consignments: in such a case the cancellation period shall start on the day when possession of the last consignment is taken by the Customer or by a third party appointed by the latter and not working as a carrier;

• if a contract has been concluded on the regular shipment of goods over a specified period of time: in such a case the cancellation period shall start on the day when possession of the first delivery is taken by the Customer or by a third party appointed by the latter and not working as a carrier.

• If more than one of the aforementioned scenarios are applicable, then the period of cancellation shall commence on the date when the last delivery or partial shipment passes into the possession of the Customer or of a third party appointed by the latter and not working as a carrier.

If this period expires on a Saturday, Sunday, a public holiday or a non-working day, it shall be extended to the first following working day. 

In order to exercise their right of cancellation, the Customer must notify

 

HIRSCH Armbänder GmbH
Customer Service Webshop
Hirschstrasse 5, 9020 Klagenfurt am Wörthersee, Austria
Fax: +43 (0) 463 37448
Email: shop@hirschthebracelet.com

in the form of a clear communication (e.g., a message sent by post, fax or email) about their decision to cancel the contract.

For this purpose, the Customer may download the specimen cancellation form for consumers from the HIRSCH website, although the use of this form is not mandatory. The Customer must however state their name, their geographical address and their availability, their phone number and their email address. 

To stay within the cancellation period, it is sufficient for the Customer to send off their cancellation notice before the deadline. The Customer shall bear the burden of proof of this notification.

If HIRSCH has failed to meet its duty of information in respect of the right of cancellation, the Customer’s right of cancellation shall be extended by 12 (twelve) months. If HIRSCH meets its duty of information within this period, the cancellation period shall terminate 14 (fourteen) days after the date on which the customer has received the information concerning HIRSCH’s right of cancellation.

 

(2)      Consequences of cancellation

If this contract is cancelled, HIRSCH shall reimburse all payments that relate to this order which it has received from the Customer within 14 days of the day on which it received notification of the cancellation of this contract.

HIRSCH shall use the same payment method for repayment that was used by the Customer in the original transaction. No fees will be charged.

HIRSCH may refuse repayment until it has received the goods in good condition or until it has received proof that the goods have been returned.

The goods must be returned to the Seller or sent back immediately, in full and in new condition, and in any event no later than 14 days from the date on the Seller was notified of the cancellation of this contract to the following address:

HIRSCH Armbänder GmbH, Hirschstrasse 5, 9020 Klagenfurt am Wörthersee, Austria.

The deadline shall be deemed to have been observed if the Customer dispatches the goods before the 14-day deadline has expired.

In the event of cancellation HIRSCH shall bear the cost of returning the goods on the proviso that the Customer uses the return label that has been provided by HIRSCH and which is valid for a period of four days following the cancellation request. If the Customer does not use the retur label provided, they must bear the cost of returning the goods.

If, in the case of a partial cancellation, the limit for free shipping is not reached, HIRSCH shall be entitled to charge shipping costs at a later stage, as detailed in Shipping Costs. Where applicable, these shipping costs shall be offset against the credit note for the returned goods.

The Customer shall only be liable for any loss of value of the goods if this loss of value was due to the customer handling the goods in a way that was not necessary to check the condition, properties or functioning of the goods. According to the European Commission, this handling is that which a consumer might undertake in a shop in respect of the goods offered for sale.

(3)       Grounds for exclusion 

The right of cancellation shall not be applicable to contracts if the ordered goods were not ready made and were only produced because the consumer selected or specified them, or if they were clearly customised to suit the customer’s personal requirements. 

 

6. STATUTORY WARRANTY 
(1)       The warranty is provided in accordance with the statutory provisions set out in articles L. 211-4, L. 211-5 and L. 211-12 of the French Consumer Code and articles 1641 and 1648 of the French Civil Code.

(2)       When the Customer acts under the guarantee of conformity provided by law, they:

- shall benefit from a period of two years from the delivery of the goods to take action;

- shall be able to choose between repair and replacement of the item subject to the cost conditions set out in article L. 217-9 of the Consumer Code;

- shall be exempted from providing proof of the existence of the lack of conformity of the item for six months following delivery of the item. 

The Customer shall also be able to decide to implement the warranty in respect of hidden defects in the item sold within the meaning of article 1641 of the Civil Code and, in these circumstances, shall be able to choose between cancellation of the sale and a reduction in the selling price in accordance with article 1644 of the Civil Code. 

Complaints based on statutory warranty claims or any other complaints may be sent to the following address:

Hirsch Armbänder GmbH, Hirschstrasse 5, 
9020 Klagenfurt am Wörthersee, Austria
Fax: +43 (0) 463 37448
Email: shop@hirschthebracelet.com

(3)       The goods supplied by us only provide the level of safety that can customarily be expected under licensing regulations and other provisions.

(4)       Leather is a natural product. We reserve the right to vary quantities, dimensions, shapes and models within the customary commercial margins.

(5)       If delivered goods display obvious material or manufacturing faults (including transport damage), the customer is requested to notify us within two weeks of delivery.

 

7. DISCLAIMER
The Customer is only entitled to damage claims towards HIRSCH, particularly compensation for consequential damage, other direct damage/loss or loss of earnings due to faulty or late delivery or failure to deliver – with the exception of personal injury – if a given damage or loss is due to gross negligence or wilful intent. 

 

8. TRANSFER OF RISK
In accordance with articles L. 216-4 and L. 216-5 of the Consumer Code, when the goods are shipped, the risk of loss or damage is not transferred to the Customer until possession of the goods is taken by the customer or by a third party appointed by them and not working as the carrier. If, however, the transportation contract has been concluded by the customer himself or herself without using one of the options suggested by HIRSCH, the risk passes to the carrier as soon as the goods have been handed over to the same.

 

9. RESERVATION OF TITLE
Sold goods continue to be owned by us until the purchase price and all additional payables, particularly interest and costs, have been paid in full. This reservation of title also covers products created through the combination of goods. 

10. FORCE MAJEURE
(1)       Force majeure, such as strike action, shortages of raw materials or fuel, transport disruptions, etc., entitles us to postpone shipment by the duration of the hindrance plus an adequate start-up period. The Seller shall inform the Customer of the occurrence of such a case of force majeure within 3 days from the date of occurrence of the event. If the suspension of the execution of the Seller’s obligations continues for a period greater than 15 days, the Customer shall have the option of cancelling the pending order and the Seller shall refund the price for the order.

This shall not make us liable in any way towards the customer, particularly for damage claims towards us. 

(2)       If our own suppliers fail to supply to us or if they deliver late, such instances shall be on par with force majeure, provided that this is due to causes not within our responsibility.

11. CONTRACTUAL DETAILS 
(1)       The contractual details of registered customers are stored and may be viewed by the customer at any time by logging in and going to “My Account”. The contractual details of guest users cease to be accessible via the webshop upon the conclusion of a purchase order. 

(2)       All customers are given contract details in the form of an order confirmation sent to the email address they provided. 

12. DATA PROTECTION
(1)       HIRSCH prioritises the security and strict confidentiality of personal data. HIRSCH processes all personal data in compliance with the applicable data protection regulations.

(2)       Detailed information on data protection can be found in the HIRSCH Privacy Policy available on the HIRSCH website. We would also be pleased to send you our Privacy Policy by mail, upon request. The customer hereby confirms that he/she has read and understood the Privacy Policy.

13. TRADEMARK AND INDUSTRIAL PROPERTY RIGHTS
(1)       The name “HIRSCH” is a registered trademark and protected as such.

(2)       Any detrimental use of our registered trademark, complex word and figurative mark and any violation of trademark law shall lead to damage claims. 

(3)       Unless you have obtained permission from HIRSCH, you may not use our website, hirschthebracelet.com, or any of its contents, and neither may you copy or save content wholly or in part except for personal, non-commercial purposes.

14. APPLICABLE LAW 
This Agreement shall be subject to substantive Austrian law, excluding the application of the United Nations Convention on Contracts for the International Sale of Goods. In addition, it shall also be subject to the mandatory provisions of French law.

15. COMPLAINTS AND AMICABLE SETTLEMENT OF DISPUTES
In accordance with article L. 612-1 of the Consumer Code, “all consumers have the right of free recourse to the consumer ombudsman for the amicable settlement of a dispute between them and a trader”. 

Disputes falling under the area of application of article L. 612-1 of the Consumer Code are the disputes defined in article L. 611-1 of the Consumer Code, namely disputes of a contractual nature relating to the execution of a contract for sales or the supply of services, between a consumer and a trader. 

In the event of any difficulty, you are welcome to contact us beforehand: shop@hirschthebracelet.com. 

To resolve disputes with our company, you can also use the ODR platform: 

https://webgate.ec.europa.eu/odr 

You can bring the dispute to the attention of the European Consumer Centre by completing the form published on the website http://europe-consommateurs.eu. Your details will then be forwarded to the European Consumer Centre Austria and/or to a mediator registered with the European Commission in accordance with Directive 2013/11/EU or another mediator meeting an equivalent level of quality.