General Terms and Conditions
GENERAL TERMS AND CONDITIONS - ARMARGENTUM ONLINE SHOP
1. General Provisions
1.1 ARMARGENTUM GmbH, Industriegebiet 2, 4863 Seewalchen (Austria) is a supplier of ladies' outerwear/accessories (hereinafter the "Goods") under the ARMARGENTUM brand. Goods can be purchased online via the ARMARGENTUM Online Shop (www.armargentum.com with forwarding to www.armargentum.de). Since www.armargentum.at is merely a domain name, but the online shop/website is located at www.armargentum.com , this does not constitute forwarding within the meaning of the Geoblocking Regulation.
1.2 The goods offered in the ARMARGENTUM Online Shop are intended exclusively for consumers. By using the online shop, the customer warrants that he or she is a consumer within the meaning of the Austrian Consumer Protection Act [German acronym: KSchG].
1.3 All contracts between ARMARGENTUM GmbH and the customer which are concluded and processed via the ARMARGENTUM Online Shop are exclusively based on these General Terms and Conditions (hereinafter: GTCs). By placing his or her order the customer accepts these GTCs, which have been made known to the customer in advance. Walter MOSER GmbH hereby expressly objects to the application of any other general terms and conditions.
1.4 Before placing the first order, the customer can choose whether to create a web shop account (Account) for current orders or not. However, customers are advised to create an Account unless they are only placing a single order. In any case, registration of the customer is necessary. For this purpose, the customer must fully and truthfully complete all data required in the input fields of the web shop (specifically: name, billing address, delivery address, e-mail address). If the customer does not create an account, no user ID and no password will be assigned. The data required by ARMARGENTUM GmbH for registration (even if an order is only placed on a one-time basis) are necessary in order to be able to properly execute the customer's order in the online shop.
1.5 The customer undertakes that he or she shall keep his account data up to date and shall promptly make any necessary changes and modifications. Furthermore, the customer must define his or her personal login data (user ID and password). After transmission of these data the customer will receive confirmation by e-mail of the entry of his or her data and completion of registration. By entering the personal login data the customer can access his or her personal web shop account and retrieve all order data for the last 24 months at any time.
1.6 The customer must ensure that the e-mail account he or she enters for the Account is accessible at all times and the customer expressly agrees that communications between ARMARGENTUM GmbH and the customer shall exclusively be handled via e-mail. All messages sent by Walter MOSER GmbH to the e-mail address provided by the customer shall be deemed to have been received by the customer. Furthermore, the customer must protect his or her personal login data from misuse by third parties and may not pass that data on to third parties. Walter MOSER GmbH is not liable for damages caused by misuse of login data by third parties.
1.7 The customer may request deletion of the Account he or she has created at any time pursuant to the data subject rights under the General Data Protection Regulation (GDPR). For this purpose, the customer can either delete the Account independently after logging into it or ask ARMARGENTUM GmbH to do so. To have Walter MOSER GmbH perform the deletion, customers should contact ARMARGENTUM GmbH, for example by e-mail.
1.8 Goods are sold to customers only in normal household quantities. This refers both to the number of products ordered as part of an order and to the placement of several orders for the same product in quick succession, where the individual orders comprise a normal household quantity. ARMARGENTUM GmbH expressly reserves the right to refuse orders that do not meet these criteria.
2. Formation of Contract
2.1 ARMARGENTUM GmbH’s presentation of goods in the ARMARGENTUM Online Shop is merely a non-binding invitation by ARMARGENTUM GmbH to place orders for goods with the ARMARGENTUM Online Shop. As to colours and material properties, ARMARGENTUM GmbH expressly refers customers to sec. 8, “Warranty”.
2.2 By sending orders to ARMARGENTUM GmbH, customers are deemed to submit binding offers to conclude a sales contract for the ordered goods. The customer will then immediately receive an automatically generated e-mail from ARMARGENTUM GmbH confirming that the order has been electronically recorded and registered. In any case, this order confirmation e-mail shall not constitute acceptance of the customer's offer.
2.3 A purchase contract for the ordered goods is only concluded when ARMARGENTUM GmbH sends the customer an invoice, sends the goods or forwards a dispatch and order confirmation notice setting out the contract contents.
2.4 ARMARGENTUM GmbH is not obliged to accept orders. If an order is not accepted, the customer will be informed within 7 days by e-mail. In any case, the customer shall have no right to conclude a contract for the goods ordered by the customer.
3. Delivery and Shipping Costs
3.1 Unless otherwise agreed, the goods shall be delivered as an insured consignment purchase from the head office of ARMARGENTUM GmbH, Industriegebiet 2, 4863 Seewalchen (Austria) to the delivery address specified by the customer.
3.2 The customer will find information on the availability of products in the ARMARGENTUM Online Shop. Any information regarding the availability, shipping or delivery of a product is only an estimate and approximate guide. In any case, these details do not constitute binding dispatch or delivery dates. Information regarding availability is also merely information provided by ARMARGENTUM GmbH and is in no case to be regarded as binding.
3.3 The stated delivery periods shall begin to run upon receipt of full payment by ARMARGENTUM GmbH.
3.4 The delivery is made exclusively via the shipping service provider shown in the ARMARGENTUM GmbH ARMARGENTUM Online Shop and is only possible within the following countries:
3.5 ARMARGENTUM GmbH charges a flat rate for standard shipments of goods irrespective of the order value. A higher flat rate will be charged if the express delivery service is used (which deviates from the standard delivery service). The amount of the shipping costs and express delivery service fee is expressly stated in the ARMARGENTUM Online Shop. If, for technical or logistical reasons, dispatch is made by several partial deliveries, the flat rate for dispatch costs will be charged only once. The customer is provided with information about the amount of the shipping flat rate during the order process, but in any case before submitting his or her offer via the online shop.
3.6 As a result of advertising and marketing campaigns, it is possible that no shipping costs will be charged. This is done exclusively under the conditions specified in the promotion. The consumer has no legal claim to delivery free of shipping costs.
4. Prices, payment methods and payment terms
4.1 The prices quoted in the ARMARGENTUM Online Shop at the time of ordering shall apply. Unless otherwise expressly stated, prices are quoted in EUR and include the legal rate of VAT. The prices are quoted net of the applicable flat rate for shipping. The invoice will be sent to the customer by e-mail to the e-mail address provided by the customer during the order process or together with the delivery of the goods.
4.2 Payment for the product takes place, at the customer’s option, by credit card, Paypal, Giropay, iDeal, "Klarna” (for exact payment options, see 4.6.) or advance payment. ARMARGENTUM GmbH reserves the right to exclude certain methods of payment in individual cases without stating reasons for this, or may demand payment in advance.
4.3 In the case of payment by credit card, the amount is reserved on the credit card when the order is placed (so-called "authorisation"). The credit card is actually debited at such time as the goods are dispatched to the customer. In the event of a return, the amount will be credited to the credit card account within 30 days after the return of the goods has been processed by ARMARGENTUM GmbH.
4.4 For advance payments, the bank details of ARMARGENTUM GmbH are provided to the consumer in the order confirmation or invoice. The goods will be delivered after receipt of payment in that account.
4.5 In the event of a default of payment, ARMARGENTUM GmbH will charge statutory default interest at a rate of 4% per annum.
4.6.1 Klarna payment options
In cooperation with Klarna Bank AB (publ) (https://www.klarna.com/at/ - for Austria; https://www.klarna.com/de/ - for Germany), Sveavägen 46, 111 34 Stockholm, Sweden, ARMARGENTUM GmbH offers the following payment options. Payment is made to Klarna:
- Invoice: The payment period is 14 days from dispatch of the goods. The Terms and Conditions of Invoicing are available at https://cdn.klarna.com/1.0/shared/content/legal/terms/K514052/de_at/invoice?fee=0 for consumers from Austria and https://cdn.klarna.com/1.0/shared/content/legal/terms/K514052/de_de/invoice?fee=0 for consumers from Germany.
- Instant transfer: The consumer’s account is debited immediately after the order has been placed.
- Direct debit: The Customer’s account is debited after dispatch of the commodity. The time of the debit is communicated to the consumer by e-mail.
The use of the payment methods invoice, direct debit and instalment purchase (only for consumers from Germany) requires a positive credit check. Further information and Klarna’s user conditions can be found under https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/user for consumers from Austria and https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user for consumers from Germany. General information on Klarna can be found at https://www.klarna.com/at/ for consumers from Austria and https://www.klarna.com/de/ for consumers from Germany.
The personal data of the consumer will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarnas data protection provisions (“Datenschutzbestimmungen”) (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/privacy)
for consumers from Austria and https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy for consumers from Germany. ARMARGENTUM GmbH has no control over this data processing, since it is performed exclusively by Klarna.
Klarna is only available to consumers; payment must be made to Klarna, i.e. consumers enter into a contract directly with Klarna for this type of payment and can contact Klarna directly if they have any questions.
In order to be able to offer Klarna's payment options, the consumer's personal data, such as contact details and order details, will be transmitted to Klarna. In this way Klarna can assess whether the consumer is able to make use of the payment options offered by Klarna and it can adapt the payment options to the needs of the consumer. General information on Klarna can be found at https://www.klarna.com/at/ for consumers from Austria and https://www.klarna.com/de/ for consumers from Germany. Personal data provided by the consumer will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the data in Klarnas Datenschutzbestimmungen (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/privacy - for consumers from Austria and https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy - for consumers from Germany). ARMARGENTUM GmbH has no control over this data processing, since it is performed exclusively by Klarna.
5. Passage of the Risk, Acceptance
5.1 The risk of accidental loss or accidental deterioration of the goods shall pass to the customer within the meaning of the Consumer Protection Act at the time the goods are handed over to the customer or to a person authorised by the customer.
5.2 The customer is obliged to immediately accept or collect the goods sent or made available for collection in accordance with the contract. If the customer does not comply with this obligation, the delivery shall be deemed to have taken place on the day on which the acceptance or takeover should have taken place pursuant to the contract. The risk of accidental loss and accidental deterioration shall pass to the customer at that time.
6. Retention of Title
6.1 The goods remain the property of ARMARGENTUM GmbH until the purchase price has been paid in full.
6.2 ARMARGENTUM GmbH is entitled to resile from the contract in the event of any breach of contract by the customer, in particular in the event of default in payment, by setting a grace period of 14 days and demanding the return of the goods at the customer's expense.
7. Advice on Right of Rescission/ Cancellation
7.1 Cancellation Policy:
The customer has the right to cancel the contract he or she has made (i.e. his or her order in the online shop) within fourteen days without the need to provide reasons for cancellation. The cancellation period is fourteen days from the day on which the customer or a third party commissioned by the customer, who is not the forwarder, has taken possession of the goods (in the case of partial delivery, the date of the last item of goods delivered applies).
In order to exercise the right of cancellation, it is sufficient for the customer to return the goods in question together with the enclosed cancellation form, or to inform ARMARGENTUM GmbH informally by a message containing the following:
- goods subject to cancellation
- order date
This information may be sent by e-mail to email@example.com
The cancellation form can be downloaded as a PDF file from www.armargentum.com/widerrufsbelehrung and is also enclosed with every delivery to ARMARGENTUM GmbH.
In order to comply with the cancellation period, it is sufficient if the customer sends the notification of his or her exercise of the right of cancellation prior to expiry of the cancellation period.
7.2 Consequences of cancellation:
If the customer cancels the contract, ARMARGENTUM GmbH shall promptly refund all payments received to the customer, including delivery charges (with the exception of additional costs arising from the fact that the customer has chosen a different type of delivery than the cheapest standard delivery offered by Walter MOSER GmbH), no later than 14 days from the date of its receipt of the returned goods. This refund will be made using the same means of payment as the Customer used in the original transaction, unless otherwise agreed. In no case will the customer be charged any fees for the refund.
ARMARGENTUM GmbH has the right to refuse to make a refund until the goods have been returned to Walter MOSER GmbH or until the customer has provided proof that he or she has returned the goods, whichever is the earlier. In addition, Walter MOSER GmbH has the right to inspect the returned goods for damage and traces of use prior to issuing a refund.
If the customer has stated that he or she is cancelling the contract by informal declaration but has not returned the goods, the customer must promptly return or hand over the goods affected by the cancellation to ARMARGENTUM GmbH and in any case no later than 14 days from the date on which he or she gave notice of cancellation. This period shall be deemed to have been complied with if the customer sends the goods prior to expiry of the fourteen-day period.
Returns must be sent to the following addresses:
For returns within Austria and all other delivery countries (except Germany):
For returns within Germany:
c/o LogoiX GmbH - K31942
Wasserburger Strasse 50a
ARMARGENTUM GmbH shall bear the direct costs of returning the goods. If the goods received are returned in several partial returns, Walter MOSER GmbH will only bear the costs of the first return of goods by means of returned shipment stickers.
7.3 The goods shall be returned to ARMARGENTUM GmbH in accordance with the instructions contained in the return form enclosed with the delivery. If the customer does not return the goods to Walter MOSER GmbH in accordance with these instructions and the goods suffer damage or are lost as a result, or if costs are incurred by Walter MOSER GmbH as a result, the customer must compensate Walter MOSER GmbH for the resulting loss.
7.4 No right of cancellation applies in respect of goods that are manufactured to customer specifications or clearly tailored to personal needs. The legal liability of ARMARGENTUM GmbH for quality defects shall remain unaffected by the foregoing.
7.5 In the event of a reduction in the value of the goods caused by the customer’s use of the goods, the customer must compensate ARMARGENTUM GmbH for this reduction in value if the loss is due to handling of the goods which was not necessary in order to check their condition, properties and functionality.
7.6 All documents which may aid the Customer in returning the goods shall be included with the consignment together with the delivery note. Should questions arise regarding the customer’s right of return/right of cancellation and the return of the goods to ARMARGENTUM GmbH, customers are welcome to contact the customer service department of ARMARGENTUM GmbH at any time.
By e-mail: firstname.lastname@example.org
ARMARGENTUM GmbH does not charge any costs for this customer service. However, connection charges may be incurred, which must be borne by the customer in any case.
8.1 During the statutory warranty period, the customer shall initially have the right to free remediation of defects or replacement. If necessary, ARMARGENTUM GmbH will replace the goods in whole or in part. If a defect is not remedied within a reasonable period or if a remedy is inappropriate, the customer shall be entitled at his or her option to rescission (i.e. cancellation of the contract) or abatement of the price.
8.2 The designs, colours and material impressions shown in the web shop are in all cases only approximations and thus not binding. Deviations in terms of colour nuances or in the design or appearance of the material thus do not entitle the customer to assert claims for defects. Sizes are shown in the web shop size guide.
8.3 In addition, the warranty provided by ARMARGENTUM GmbH to customers is limited to a period of one year.
As a basic principle, ARMARGENTUM GmbH is liable only for losses caused by intentional acts or gross negligence. ARMARGENTUM GmbH disclaims any liability for losses caused by slight negligence. This limitation of liability does not apply to personal injury. ARMARGENTUM GmbH disclaims any liability to pay compensation for consequential losses, financial losses, savings not achieved, loss of interest and losses from claims of third parties against the customer, unless such damages or losses were caused by the intentional act or gross negligence of ARMARGENTUM GmbH or its employees or representatives.
10. Disclaimer for External Links
Liability for the set links is assumed only in the context of §17 of the Austrian E-Commerce Act [German acronym: ECG]. Links are set and checked with the greatest of care. However, we cannot guarantee that the linked page will not change without our knowledge and action.
At the time of setting these links, they appeared to be legally compliant. Should we be made aware of a legal issue, the link in question will be removed immediately.
11. Data privacy, Confidentiality
Further information on the subject of data protection can be found in ARMARGENTUM GmbH’s data protection policy.
The personal data of customers, i.e. the data provided during registration, is stored and processed by ARMARGENTUM GmbH in connection with its performance of its (pre)contractual obligations pursuant to these GTCs.
The customer has the right to request information from ARMARGENTUM GmbH regarding his or her personal data as well as the right to cause such data to be corrected, erased or to restrict the processing of his or her data as well as the right to object to processing and request the transfer of data. The customer also has the right to lodge a complaint with the data protection authority (https://www.dsb.gv.at).
14. Final provisions
14.1 All contract relationships or other legal relationships between ARMARGENTUM GmbH and the customer shall be subject to the exclusive application of substantive and formal Austrian law, but expressly excluding any application of the UN Convention on Contracts for the International Sale of Goods (CISG) and the choice-of-law rules of international private law, in particular the Rome Regulations. Jurisdiction and venue shall be vested in the court located at the place of the registered office of ARMARGENTUM GmbH, Industriegebiet 2, 4863 Seewalchen (Austria), Germany.
14.2 However, the foregoing choice of law shall only apply insofar as it does not deprive the customer of the protections granted by mandatory provisions of the law of the country of his or her habitual residence.
14.3 ARMARGENTUM GmbH reserves the right to amend or supplement these GTCs at any time at its own discretion. Such amendments or addenda will be announced to the customer either when he or she next logs into the web shop or before he or she places a new order.
14.4 In the event that individual terms of these GTCs should be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions and the valid formation of the contract shall not be affected thereby. The Parties intend that the invalid term should be deemed replaced by an effective term coming the closest to the economic purpose of the invalid term. The same applies in the event that these GTCs are found to contain a contractual gap.
Responsibility for the content of this website lies with:
Industrial production and trade in clothing
Managing Director: Walter Moser, Sophia Bitter
Wels Regional Court
Commercial register: FN 515901 d
VAT identification number: ATU74529405
And this is how you can contact us:
By e-mail: email@example.com
In the event of a dispute, we undertake to participate in the conciliation procedure of the Internet Ombudsman: www.ombudsmann.at.Internet OmbudsmanMargaretenstrasse 70/2/101050 Vienna/Austria
Further information on the different types of procedures can be found at www.ombudsmann.at or in the applicable Procedural guidelines:• Procedural Guidelines of the Internet Ombudsman for Alternative Dispute Resolution under the Austrian Alternative Dispute Resolution Act [AStG]
• Guidelines for the conciliation procedure with the Internet Ombudsman outside the scope of the AStG (standard procedure)The OS platform may also be used to settle disputes with our company: http://ec.europa.eu/odrYou can also lodge your complaint directly with us at the following e-mail address: firstname.lastname@example.org
Version date: August 2019