CUSTOMER INFORMATION AND GENERAL TERMS AND CONDITIONS OF BUSINESS
1. Scope of application
This customer information and these terms and conditions apply to all orders via the website www.avi8.fashion (hereinafter “the website”), independently of where the buyer has their residence or habitual abode.
2. Contracting party
The website AVI8.fashion is operated by OBERHOFER GmbH & Co KG (LLC), represented by the MD Barbara Oberhofer, MSc, Unterkramsach 106-107, A-6233 Kramsach, Austria. Complaints or warranty claims can also be filed at this address. Our customer service is available from Monday to Thursday from 8.00 to 17.00 and Friday from 8.00 to 14.00 by telephone at +43 720 343883 or by e-mail at office@avi8.fashion.
3. Contract conclusion
Your orders on the AV18.fashion website are binding offers for the conclusion of corresponding purchase contracts with OBERHOFER GmbH & Co KG. We are free to either accept such offers within 14 days of receipt or to decline them by sending a notification to this effect. The binding purchase contract for the ordered goods only comes into effect through our acceptance of the order. This acceptance can be stated on the website, by e-mail, in writing or by sending the ordered goods.
4. Withdrawal from contract in case of unavailable goods
If the ordered goods are not available for delivery within 30 days of the day following your order, we can withdraw from the contract, even if we have confirmed the contract conclusion beforehand. In case of a withdrawal, we shall inform you immediately of the non-availability and reimburse any payments you have already made.
5. Price and supplementary costs
The total price of your order including all additional and dispatch costs was indicated on the previous page or is shown at the end of the order procedure.
6. Payment terms
The purchase price for the ordered goods is due with the fulfilment of your order by OBERHOFER GmbH & Co KG. The payment can be made by credit card (by entering the card details on the website and an encrypted transaction) or – for registered company customers with their own VAT identification number from the EU and for registered company customers from Switzerland or Great Britain – also by invoice. Offsetting against our payment dues is only possible for undisputed and legally confirmed claims.
7. Delivery and retention of title
The delivery of the ordered goods is through our appointed parcel service, normally within 30 days of the day following your order, to your stated delivery address. If you wish, we will do our best to deliver the goods on a particular date but can generally not make a binding confirmation. A delivery date is only binding if it has been confirmed as such in writing by OBERHOFER GmbH & Co KG. Until the full payment of the purchase price, we retain ownership of the goods.
8. Right of withdrawal
As a consumer, you may withdraw from your order without stating grounds within 7 working days from receipt of the goods. Saturdays, Sundays and holidays do not count as workdays. If exercising this right in time, you are no longer bound to your order. What is decisive for exercising the withdrawal right is the date on which the withdrawal notification or goods were sent to us. In case of a withdrawal, you as a consumer shall return the goods without delay to our address stated in clause 2. The withdrawal can be in writing, by e-mail or by returning the goods to the address stated above in clause 2. Timely dispatch suffices for maintaining the deadline. The return is at your own expense and risk, unless the supplied goods do not correspond to the order. The return must be immediate, at the latest 14 days after declaring the withdrawal. If the delivery is associated with an additional service ordered by you (e.g. individual modification, personalisation with initials, name, nickname, licence details etc.), for which work commenced as agreed within 7 working days from contract conclusion, withdrawal is not possible.
9. Goods return and exchange
Returning or exchanging the ordered and correctly delivered goods is only possible upon our agreement. You can request this permission by telephone or by e-mail. The return of new and unentered goods is accepted if the delivery was no longer than 14 days ago and no individual modifications were required as part of the order. Individually packed items such as shirts or blouses can be neither returned nor exchanged after unpacking. Returns must be at your own expense. When exchanging or resending goods, shipping costs are calculated anew. This does not apply in case of warranty claims (see clause 10). If the reason for the return is a defective delivery, we bear the costs of returns and you receive a credit note for the value of the goods. If the delivery is not faulty but you still wish to exchange the goods or send them back for another reason, we charge handling costs amounting to 15% of the goods value, but at least EUR 25,00. In this case, you receive a credit note for the value of the goods minus the stated handling fee. In this case, no dispatch costs are reimbursed either.
10. Warranty
The warranty applies exclusively to defects that exist at the time of handing over the goods. We therefore request that you check the ordered goods immediately after handover for any defects. The warranty does not apply to defects that are caused after handover through wear, improper use, external influences or incorrect care.
In case of defects of the supplied goods, you can choose between remedying the goods, withdrawal from the contract or replacement with a faultless item. An independent warranty is not granted. The warranty period is two years from receipt of goods.
11. Liability
This is understood as liability for personal and material damages resulting from the use of our products due to a fault in the product. OBERHOFER GmbH & Co KG is liable only for damage caused by intent or gross negligence, if there is no culpable infringement of contractual obligations or of cardinal duties in a way that threatens the achievement of the contract purpose. In case of a slightly negligent contravention of contractual obligations or cardinal duties, the liability is limited to the foreseeable damage typical of the contract. The liability limitations above apply to all damage compensation claims, on whatever legal grounds, including impermissible actions. They do not apply to any liability according to product liability law, to an initial impossibility, an assured property or to injury to life and limb. The exclusion or the limitation of the damage compensation liability in accordance with the paragraphs above also applies to any claims against employees or those appointed by OBERHOFER GmbH & Co KG. The statute of limitations is 3 years from knowledge of the damage.
12. Non-assignment clause
You may only assign your contractual rights to third parties upon written agreement by OBERHOFER GmbH & Co KG.
13. Applicable law
The contracts concluded in relation to these general terms and conditions are subject to Austrian law, under exclusion of any reference to foreign law. The UN CISG is not applicable.