General Terms and Conditions of Business
1. scope of application
1.1 All offers, orders, deliveries and services of the Contractor shall be governed exclusively by the following terms and conditions. In particular, they regulate the conclusion, content and execution of contracts between the Customers and Erika Peherstorfer, Erich-Fried-Weg 16, 4030 Linz (hereinafter referred to as the Contractor), for the performance of services in the field of custom tailoring, fashion, design, pattern making and cosplay production.
1.2 You can reach our Customer service for questions, complaints and objections at "firstname.lastname@example.org".
1.3 Consumer in the sense of these terms and conditions is any natural person who concludes a legal transaction for a purpose that can be attributed predominantly neither to their commercial nor their independent professional activity (§ 13 BGB).
1.4 The GTC shall be deemed to have been accepted and thus legally binding when the order is placed by the Client. Any conflicting terms and conditions of business and purchase of the Customer (Client) shall not become part of the contract, even without express objection by the Contractor, unless these have been expressly agreed in writing.
1.5 These general terms and conditions shall be deemed to have been accepted by the placing of the order. They shall also apply to future transactions between the contracting parties, even if no express reference is made to them.
1.6 If the buyer (Customer) acts on behalf of someone else, he is liable for the formation and fulfilment of the order regardless of fault.
2. order and services, delivery
2.1 The contractor's offers are to be understood merely as an invitation to the Customer to place an order and are subject to change and non-binding.
2.2 After an inquiry has been made, a non-binding offer shall be made by the Contractor. If this non-binding offer is accepted by the Customer, this leads to an order, but not yet to the conclusion of a contract. The contract is only concluded when the agreed amount has been paid into the Contractor's account. The date of the conclusion of the contract is the date of receipt of payment.
Before receipt of payment, both the Customer and the contractor can withdraw from the offer.
Silence on the part of the Customer does not constitute acceptance of the non-binding offer. Silence on the part of the Contractor shall not be deemed to be approval or acceptance of an order.
2.3 In the case of open orders, where no contract has yet been concluded by the Customer, the Contractor reserves the right not to accept further enquiries from the Customer. This also applies to outstanding payments for contracts already concluded.
2.4 Custom-made products, adaptation of fabrics and garments to individual needs as well as other separate specifications or requirements of the Customer for the subject matter of the contract or for the services to be provided by the Contractor or other additional services and deliveries by the Contractor require the express written confirmation of the Contractor and must be carried out in accordance with this confirmation. Deviations from this confirmation as well as subsequent requests for changes must be made in writing and can only be carried out - without legal claim of the Customer - in exceptional cases and against corresponding reimbursement of costs. The choice of the (preliminary) supplier is left to the contractor, the purchase from a certain or other source of supply cannot be demanded by the Customer.
2.6 The contractor reserves the right to choose the mode and route of dispatch and there is no obligation to choose the cheapest mode of transport. Packaging shall be carried out in the customary manner, whereby any packaging exceeding this shall be at the expense of the Customer. Express and air freight surcharges will be charged separately. Transport insurance will only be taken out on behalf and at the expense of the Customer.
3. delivery dates and deadlines
3.1 Agreed delivery periods (also to be derived from delivery dates) shall not commence until all factual, technical or other information, documents, down payments or other services of the Customer required by the Contractor to fulfil its obligations have been confirmed as received. This applies in particular to products (e.g. made-to-measure products) specially manufactured according to Customer requirements, for which the Customer has a special obligation to cooperate. If the Customer repeatedly violates this obligation to cooperate, the Contractor shall also be entitled to withdraw from the legal transaction and/or to claim damages by setting a 14-day deadline. The agreement of binding delivery dates or deadlines between the contractor and the Customer must be made in writing in any case.
3.2 The delivery date shall be deemed to have been met if the goods have left the factory/warehouse in good time or - in the case of collection by the Customer - the delivery is ready for dispatch and the Customer is notified of this in good time.
3.3 Operational disruptions or events of force majeure as well as other events beyond the control of the contractor, in particular delivery delays and the like on the part of upstream suppliers, entitle the contractor to withdraw from the contract with regard to the part not yet fulfilled.
3.4 In the case of delivery dates or deadlines that are not exactly defined, the C
ustomer can set a reasonable extension of at least 3 weeks, provided that the expected delivery date or the expected delivery deadline has been exceeded by more than 4 weeks.
4.1 The garment is manufactured according to the body measurements taken at the time of the order. The Customer is expressly informed that any necessary changes due to figurative changes that have occurred are the responsibility of the Customer and are at his expense.
4.2 If it is not possible for the contractor to take the measurements personally, the Customer is obliged to follow the measurement instructions provided to the best of his knowledge and belief and to fill in the corresponding measurement table exactly.
5. right of withdrawal
5.1 The contract concluded between the client and the contractor concerns goods or products that are manufactured according to client specifications and are tailored to personal needs. Thus the manufactured goods are not usable for third parties. Due to this condition, a return of the products is impossible. As a result, the application of the right of revocation and the right of return according to § 3 Fernabsatzgesetz (FernAbsG § 3 Abs. 2 Nr. 1 FernAbsG).) or § 5e KSchG (Konsumenstenschutzgesetz) is excluded for the present contractual relationship.
6. prices and terms of payment
6.1 Upon placing the order, a deposit of 50 percent (for bespoke tailoring, cosplay, ...) or the entire amount (for pattern samples) of the estimated order value is due.
6.2 Payments shall be made in cash or by bank transfer immediately after placing the order and/or completion. The production of the order shall only begin after receipt of the down payment. Delays in delivery due to late payment are the responsibility of the client.
6.3 The final payment is due upon completion of the goods
6.4 The goods remain the property of the contractor until full payment of all goods from the same order.
6.5 All prices are quoted in Euro including the respective valid legal tax (no indication of the sales tax according to the small business regulation according to § 6 Abs. 1 Z 27 UStG).
6.6 If the goods have not been paid in full 14 days after completion, default of payment shall automatically occur. If the Customer is in default of payment, the Contractor shall be entitled, after setting a reasonable grace period, to demand statutory interest on arrears at a rate 5% above the respective current base rate in accordance with §1 of the Discount Rate Transition Act of 9 July 1998. The assertion of further damages caused by default is not excluded. The client is at liberty to prove that the damage was lower.
7. delivery/dispatch, transfer of risk and default of acceptance
7.1 Delivery of the goods is free of charge to the delivery address specified by the Customer. The choice of delivery method is the responsibility of the contractor.
7.2 The risk of deterioration or loss, even in the case of partial delivery, shall pass to the Customer when the ordered goods are handed over to the commissioned shipping company. If the Customer does not accept the delivered goods, the contractor is entitled to withdraw from the order or to claim damages for non-performance after the fruitless expiry of a grace period of two weeks. The delivered goods are to be accepted by the client without prejudice to his warranty rights, even in the case of minor defects.
8. shipping costs
8.1 The shipping costs are to be borne by the client and are already included in the offer costs.
9. reservation of ownership
9.1 The goods remain the sole property of the contractor until all claims of the Contractor against the Customer arising from the respective order have been fulfilled, in particular until all payments (including interest and ancillary costs) have been made, even if individual parts have already been paid. The Customer may not dispose of the reserved goods until the Contractor's claim has been settled and shall bear the full risk for the goods entrusted to him, in particular for the risk of destruction, loss or deterioration. For the duration of the retention of title, the Customer must treat the delivered goods with care and treat them gently. If the Customer processes the goods into a new movable item, this shall be done on behalf of the Contractor, without the Contractor being obligated thereby and the new item becoming the property of the Contractor. If the goods subject to retention of title are combined, processed or mixed with goods not belonging to the Contractor, the Contractor shall acquire co-ownership in proportion to the invoice value of the goods subject to retention of title to the other goods.
9.2 In the event of seizure by third parties or other access by third parties to the reserved goods, the Customer must immediately draw attention to the Contractor's ownership and must inform the Contractor without delay. In the event of conduct by the Customer in breach of contract, in particular in the event of default in payment, the Contractor is entitled to take back the reserved goods or, at its discretion, to demand the assignment of the Buyer's claims for return against third parties.
10 Warranty, compensation, prohibition of assignment
10.1 On the occasion of the acceptance of the finished goods, the Customer must check their conformity with the contract or freedom from defects and notify the Contractor immediately of any complaints.
10.2 Obvious, in particular visible defects in the delivered goods including transport damage must be reported in writing by the Customer immediately upon delivery, but no later than 10 days after receipt, giving a detailed description. If the above deadline is missed, warranty rights with regard to obvious defects are excluded. Non-obvious defects must be reported to the Contractor in writing immediately upon discovery, but at the latest within the warranty period of twenty-four months.
10.3 The Contractor does not assume any warranty for normal wear and tear of the goods or for defects caused by improper handling. In the absence of other provisions in these GTC and/or the contract, the statutory provisions shall apply.
10.4 Warranty claims for defective goods are initially limited to subsequent performance by the Customer. If the supplementary performance fails, the client shall be entitled to a reduction of the purchase price at his discretion. Excluded from the warranty are defects that have arisen due to incorrect or inaccurate information (especially dimensions) provided by the client.
11. data protection
11.1 The Contractor shall process personal data of the Customer for the intended purpose and in accordance with the statutory provisions.
11.2 The personal data provided for the purpose of ordering goods (such as name, e-mail address, address, payment data) shall be used by the Contractor to fulfill and process the contract. This data will be treated confidentially and will not be disclosed to third parties who are not involved in the ordering, delivery and payment process.
11.3 The Customer has the right to request information free of charge about the personal data stored about him. In addition, he has the right to correct incorrect data, blocking and deletion of his personal data, unless there is a legal obligation to keep records
11.4 Further information on the type, scope, location and purpose of the collection, processing and use of the necessary personal data by the Contractor can be found in the data protection declaration.
12 Place of jurisdiction, applicable law, contractual language
12.1 The place of jurisdiction and performance shall be the registered office of the Contractor if the Customer is a merchant, a legal entity under public law or a special fund under public law.
12.2 The contractual language is German.
13. severability clause
13.1 The invalidity of individual provisions of these terms and conditions shall not affect the validity of the remaining provisions of these terms and conditions. The contracting parties are obliged to agree on a new provision that comes closest to the purpose of the invalid provision.