GENERAL TERMS AND CONDITIONS OF THE COMPANY:
Company number: 159131 t
Tax ID number: ATU60705847
1. Scope & Defense Clause
1.1 For the legal relationships established via this Internet shop between the operator of the shop Skytrading KG (hereinafter “Clothes Hangers” or “Provider”) and its customers, the following general terms and conditions apply exclusively in the version at the time of the order.
1.2 Deviating general terms and conditions of the customer will be rejected.
2. Conclusion of the contract
2.1 The representations of the products in the online shop do not represent a legally binding offer, but a legally non-binding online catalog. By clicking the button “Buy now or order”, a binding offer to order the goods in the shopping cart is made. The confirmation of the receipt of the order takes place together with the acceptance order including the general terms and conditions immediately after sending by an automated e-mail.
2.2. Conclusion of contract
Only when the user places an order can the online shop operator or provider accept this offer – within a reasonable period of time – and a contract is concluded.
2.3 Please note that the automated confirmation of receipt of the order does not in itself already represent an acceptance of the contract offer, but is only intended to indicate to the customer that the customer order has been received and processed by us.
Due to the fact that the customer order does not represent an acceptance but an offer, the provider reserves the right to refuse acceptance of the order in whole or in part, if necessary.
This only happens in rare exceptional cases. Of course, the customer will receive a notification immediately even if the application is rejected.
2.4 We cannot guarantee the long-term availability of articles, especially special offers. If our offers or special offers are sold out, it is still possible that they will be reproduced.
2.5 Only persons who have reached the age of 18 and are not restricted in their legal capacity at the time of the conclusion of the contract are entitled to conclude a contract with “Clothes Hangers”.
2.6 If a contract has been concluded between the customer and the “Clothes Hangers”, the customer-buyer is bound by it. The buyer-customer can no longer cancel the contract at or after this point in time.
3. Prices and Pricing
3.1 All prices stated on this website are net prices plus the applicable statutory value added tax and shipping costs.
3.2 The prices at the time of the order apply.
3.3 Prices in the advertisements are subject to change and non-binding and are only valid while stocks last.
4. Payment terms
4.1 Payment of the purchase price is due upon conclusion of the contract. The total amount is due immediately after receipt of the invoice without deduction.
4.2 Payment is made in advance – bank transfer.
5. Shipping terms
5.1 We deliver our products worldwide.
5.2 Unless otherwise agreed, the ordered goods will be sent to the shipping address provided by the customer.
5.3 If some items cannot be delivered at short notice or the promised delivery time is delayed, you will be informed by us by e-mail.
In the event that the goods ordered are not available, we reserve the right not to deliver. In this case, we will inform you immediately and refund any consideration already received.
5.4 The processing of the order or production and dispatch of the goods takes place only after full payment has been received on our account.
5.5 All stated estimated shipping times are from the receipt of payment of the full amount of your order on our bank account.
5.6 Delays in delivery caused by legal or official orders (e.g. import and export restrictions) and for which we are not responsible, extend the delivery period according to the duration of such obstacles, the beginning and end of which we will inform the buyer immediately in important cases notify.
In the event of delivery delays, such as Due to force majeure, traffic disruptions and orders from high authorities as well as other events for which “Clothes Hangers” is not responsible, no claims for damages can be made against “Clothes Hangers”.
5.7. “Non-EU country” – When shipping to non-EU countries, complete shipping documents must be provided. There are separate costs for customs clearance (duties, taxes and fees are charged depending on the postage), which the customer in the respective country has to bear.
Air freight handling – the volume weight is used to calculate the tariffs (l x w x h in cm / 6000). Complete shipping documents must be provided and separate costs are incurred for customs clearance.
5.8. Deadline for delivery:
The buyer may not reject partial deliveries. If an order cannot be fully delivered, the buyer must accept an additional delivery.
After the delivery period has expired, a subsequent delivery period for the duration of the delivery period, no longer than 20 working days, will be set in motion. If the delivery date has been agreed, it begins on the next following day, otherwise upon receipt of the grace period by the seller. After the subsequent delivery period has expired, the withdrawal from the contract is deemed to have taken place, excluding claims for damages. Payments already received are to be reimbursed. Withdrawal according to the aforementioned paragraph does not occur if the buyer declares to the provider during the subsequent delivery period that he insists on the fulfillment of the contract. However, the provider is released from his delivery obligation if the buyer does not respond to the seller’s request within the subsequent delivery period as to whether he insists on the fulfillment of the contract.
Before the expiry of the subsequent delivery period, claims by the buyer due to late delivery are excluded.
5.9 In the event of an unjustified refusal to accept the goods we have delivered, we will charge the costs we have incurred, but at least EUR 30.00 net. Our right to fulfill the purchase contract remains unaffected. Shipping is included in two delivery attempts. The shipping price will be charged again for further delivery attempts.
5.10 Shipping times specified by the provider are non-binding.
6. Transport damage and transfer of risk
6.1 The buyer is obliged to examine the delivery immediately and to notify the supplier-shipping company immediately of any obvious damage. The buyer must confirm hidden damage to the provider in writing within 3 days of receiving the order.
6.2 In the event of damage that is not externally visible and only recognized when the goods are unpacked, please contact the provider immediately.
6.3 A defect in the goods does not include damage caused by the customer through improper or non-contractual treatment.
6.4 The customer bears the risk for sending objects to us until they arrive. Shipments to us must always be prepaid. Unpaid shipments are generally not accepted. The provider is happy to reimburse the postage for legitimate complaints.
7. Warranty and Limitation of Liability
7.1 If a delivery item is defective or lacks a guaranteed property, we are entitled to choose between a replacement delivery or a subsequent improvement. Multiple repairs are permitted.
7.2 There may also be deviations in terms of colors, motifs and information from the models presented on the website.
7.3 Disappearance or slight deviations of the object of purchase in terms of quality, color, shape do not constitute a defect.
7.4 In the event of a complaint, the customer must send the corresponding goods back to us in the original packaging. If there is any suspicion of transport damage or missing goods, the shipping packaging must be kept for viewing or enclosed with the return.
We also expressly point out that we do not allow any right of withdrawal in the event of defects that are minor within the meaning of the law.
Please also consider that as an entrepreneur, you must also notify us in writing of obvious defects within a period of one week from receipt of the goods. If this does not happen, the assertion of warranty claims is excluded. However, please also bear in mind that in this respect you only have to comply with the timely dispatch of the notification of defects in order to meet the 1-week deadline.
The following are excluded from complaints:
– Used or damaged items,
– Item sent after the 1 week period
– Cash on delivery or freight collect shipments,
– with only minor defects
7.5 The customer as an entrepreneur also bears the burden of proof for the legally standardized entitlement requirements, i.e. in particular for the defect itself, for the time at which the defect was discovered and also for the timeliness of the complaint of the respective defect declared by you to us as the provider. As a provider, we also initially expect a request on your part to be able to provide the provider with a service within a reasonable period of time before you can make a claim for damages against the provider.
Claims for damages that a customer raises against the provider from a positive breach of contract, from negligence when concluding a contract and from unauthorized actions are excluded, unless the damage was caused intentionally or through gross negligence. This does not apply to claims for damages based on a special assurance of properties that are intended to protect the buyer against the risk of consequential damage.
7.6 Claims for damages against us from the impossibility of performance, from positive breach of contract, from negligence when concluding the contract and from unlawful acts are excluded in any case, unless there is intentional or grossly negligent action. In the maximum case, the simple value of the goods is to be replaced at the time of delivery. Any consequential damage is excluded from liability in any case.
7.7 “Clothes Hangers” assumes no liability for printing errors or mistakes.
8. Prohibition of assignment and pledging
8.1 The assignment or pledge of the customer’s claims or rights against the provider is excluded without the consent of the provider, unless the customer can prove a legitimate interest in the assignment or pledging.
9. Instructions for use and rights of use for product photos
9.1 The customer can order the goods in the period from 0-24 hours from Monday to Sunday, but we as the provider process the offer in the period from Monday to Friday 9-14 hours unless expressly indicated.
9.2 The information contained in this website has been carefully compiled by us and we endeavor to continuously review and update it. Nevertheless, we cannot accept any liability for the correctness, topicality, completeness and ongoing availability of our content. We also do not guarantee that the content of our website is suitable for the customer and his purposes.
We only provide binding information, advice, recommendations or explanations in the context of individual communication.
9.3 The content, design and structure of our website are protected by copyright. The information, texts and images provided by us are only intended for individual access by the user of our website and may only be reproduced and used for business purposes with our consent. We do not intend to call up our offer from areas outside Germany and Austria. We assume no liability that our website is suitable, usable or legally permissible for users from other countries.
9.4 The photos may not be printed out, used in other print media or distributed in any other way. Should another form of processing be requested by the customer, this requires the express consent of “Clothes Hangers” in a separate written agreement.
10.1 The protection and security of personal data is a high priority for us. Therefore we strictly adhere to the rules of the German Federal Data Protection Act (BDSG). In the following, you will be informed about what type of data is collected and for what purpose:
10.2 Data transmission / data logging
When you visit this page, the web server automatically records log files that cannot be assigned to a specific person. These data include e.g. B. the browser type and version, operating system used, referrer URL (the previously visited page), IP address of the requesting computer, access date and time of the server request and the file request of the client (file name and URL). This data is only collected for the purpose of statistical analysis. A transfer to third parties, for commercial or non-commercial purposes, does not take place.
10.3 In the event of default:
With regard to point 7.1 of the General Terms and Conditions, the e-mail address or the company address is used to send the invoice or the reminder.
Name and address as well as delivery address are used for the creation of the invoice in the case of a chargeable order. In the case of shipping a product, the delivery address is used. If the customer is in default after an unsuccessful reminder, the name and address will be used for the collection.
10.4 When purchasing:
Payment details, PayPal account, bank account or credit card details are used to process paid orders.
IP address – The IP address is only used in the event of a criminal offense committed by “clothes hangers” and, if necessary, transmitted to the responsible law enforcement authorities.
All data collected during the purchase are transmitted in encrypted form.
10.5 Information, modification and deletion of your data
In accordance with applicable law, you can ask us in writing at any time whether and which personal data we have stored about you. You will receive a corresponding notification immediately.
10.6 Security of Your Information
Your personal data made available to us are secured by taking all technical and organizational security measures so that they are inaccessible to unauthorized third parties. When sending very sensitive data or information, it is advisable to use the post, as complete data security cannot be guaranteed by e-mail.
We will update these guidelines from time to time to protect your personal information. You should take a look at these guidelines from time to time to stay up to date on how we protect your data and continuously improve the content of our website. Should we make significant changes in the collection, use and / or disclosure of the personal data you have provided to us, we will make you aware of this by means of a clear and clearly visible notice on the website.
10.8 By using the website you declare that you agree to the terms of these guidelines for the protection of personal data.
11.1 Accessories are not included in the scope of delivery unless expressly listed.
12. Choice of law & place of jurisdiction
12.1 The law of the Republic of Austria applies to the contractual relationships between the provider and the customer. The mandatory consumer protection regulations of the country in which the customer has his habitual residence are excluded from this choice of law. The application of the UN sales law is excluded.
12.2 The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the provider’s headquarters – SkyfashionVienna, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.
13. Severability Clause
Should a provision of these general terms and conditions be ineffective, the effectiveness of the remaining provisions will not be affected.