Terms and Conditions
HIRSCH Armbänder GmbH, Hirschstrasse 5, 9020 Klagenfurt am Wörthersee, Austria
Last updated: 1 October 2019
(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 HIRSCH Armbänder GmbH, on the one hand, and customers in their roles as consumers. Any agreements in derogation of this Agreement are only valid if they have been made in writing, with signatures. By issuing a purchase order, the customer declares his or her consent with these GTCs and agrees to comply with the same.
(2) A consumer under the terms of the provisions below shall be any natural person acting for purposes that do not form part of their commercial, business or professional work.
(3) We do not recognise the application of the customer’s General Terms and Conditions or any other contractual terms specified by the customer where they differ from these GTCs, unless such terms and conditions have been expressly acknowledged by us as applicable.
(4) 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.
(5) The contract language shall be English. All other information, our customer service operations and our complaints procedure are also handled in English.
2. OFFERS AND CONTRACTUAL CONCLUSION
(1) All offers of goods (i.e. product details and specifications) in our webshop are subject to change and do not bindingly commit us to the conclusion of a contract.
(2) The customer’s purchase order constitutes a purchase offer. This offer only acquires the status of a contract upon our acceptance.
(3) A purchase order is only possible if all mandatory boxes have been completed. If details are missing or if we are otherwise unable to fulfil a purchase order, the customer will be sent an error message.
(4) 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.
(5) Before finalising a purchase order, the customer has an opportunity to check all the details again, 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.
(6) The customer issues a binding purchase offer by clicking the button “Order and Pay”.
(7) Once we have received the purchase order, we send notification to the email address provided by the customer, letting them know that we have received and can confirm their order. Confirmation of the order constitutes the conclusion of a contract with us.
(8) The customer is bound by their purchase order until after 2 days of our receipt of the same. This shall not affect the statutory right of cancellation.
(9) 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 prices are totals, i.e. they are inclusive of all taxes such as VAT and other charges, but exclusive of shipping costs.
(2) 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.
(3) Prices: errors and omissions excepted. If the correct price is higher than quoted, we will contact the customer. In such a case a contract is only concluded if the customer is prepared to purchase the product at the actual price. If the correct price is lower, then the lower price will be charged.
(4) 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.
(5) Billing generally takes place in euros. In some countries, however, customers are given the option of paying in their national currency.
(6) Payment options
We provide the following payment options:
- VISA Card
We also provide additional payment options in the following countries:
- iDeal: Belgium, Luxembourg, Netherlands
- Klarna: Austria, Germany, Poland, Hungary
- Purchase on account: Austria, Germany, Netherlands
(7) Unless otherwise agreed, the purchase price is payable immediately, without deductions and without incurring expenses.
(8) 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.
(9) Purchase on account
If we have agreed purchase on account, we will send the customer an invoice which immediately becomes payable without deductions upon receipt.
If the invoice is not paid by the due date, the customer is considered to be in arrears, regardless of whether a reminder has been sent or not. In such a case we are entitled to charge the customer interest on arrears, using the statutory default interest rate that is applicable at the time.
Please also note the supplementary GTCs for Purchases on Account and Additional notes on the Privacy Notice for purchases on account: Payment Payolution
4. TERMS OF DELIVERY
(1) We only ship to addresses within the EU, with the exception of customs enclaves.
(2) Under normal circumstances goods are shipped within 5 working days of the concluded contract being confirmed, 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 we are unable to accept a purchase order, we shall 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 a 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 our performance duty shall be considered to be fulfilled. Provided that the delay has not been caused by our own action or inaction, we are entitled to demand contractual performance or we 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 our goods and services have not yet been accepted and/or instances where we 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. We 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 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 consumer 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 consumer and not working as a carrier.
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
in the form of some clear communication (e.g. a message sent by post, fax or email) about their decision to cancel the contract.
The customer may use the specimen cancellation form for consumers on the HIRSCH website, although the use of this form is not mandatory.
To stay within the cancellation period, it is sufficient for the customer to send off their cancellation notice before the deadline.
If HIRSCH has failed to meet its duty of information 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 received advice concerning HIRSCH’s right of cancellation.
(2) Consequences of cancellation
If this contract is cancelled, all payments that relate to this order and which we have received from our customer shall be reimbursed within 14 days of the day when we received notification about the cancellation.
We shall use the same payment method for repayment that was used by our customer in the original transaction. No fees will be charged.
We may refuse repayment until the goods have been returned to us undamaged or until we have received proof that the goods have been sent off.
The goods must be returned to us immediately and in any event no later than 14 days from the date on which we were notified of the cancellation of this contract. They must be sent/delivered to:
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 provision 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 fails to use the return label we have provided, the customer 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 a potential reduction in the value of goods if this reduction 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.
(3) Reasons for exclusion of the cancellation rights
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.
(1) The warranty is provided in accordance with statutory provisions. The warranty period shall be 2 years from the date of delivery. If the product cannot be replaced or repaired (not feasible, too expensive or time-consuming, unreasonable, or resulting in a delay in delivery), the customer shall be entitled to a price reduction or, alternatively, if the fault is more than negligible, to cancellation of the contract (rescission).
Complaints based on statutory warranty claims or any other complaints may be sent to the following address:
Hirsch Armbänder GmbH, Hirschstr. 5, 9020 Klagenfurt am Wörthersee, Austria
Fax: +43 (0) 463 37448
(2) The goods supplied by us only provide the level of safety that can customarily be expected under licensing regulations and other provisions.
(3) Leather is a natural product. We reserve the right to vary quantities, dimensions, shapes and models within the customary commercial margins.
(4) If delivered goods display obvious material or manufacturing faults (including transport damage), the customer is requested to notify us within two weeks of delivery.
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
When the goods are shipped, the risk of loss or damage is not transferred to the customer until the goods are delivered to the customer or a third party appointed by the same 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 us, the risk passes to the carrier as soon as the goods have been handed over to the same.
9. RESERVATION OF TITLE
(1) 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 or, alternatively, to cancel the agreement either wholly or in part. Such instances do not make us liable 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.
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, content.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 any regulations concerning the United Nations Convention on Contracts for the International Sale of Goods. In addition, it shall also be subject to the mandatory legal provisions of the country in which the customer has his or her habitual place of residence.
To resolve disputes with our company, you may also use the ODR platform: http://ec.europa.eu/odr
You can also send complaints to us directly, using the following email address: firstname.lastname@example.org