General terms and conditions

General information

These General Terms and Conditions, as amended from time to time, shall form an integral part of all contracts concluded by us and future contracts with the customer, unless otherwise agreed in writing. Our contractual partner agrees that, in case of doubt, our terms and conditions shall be assumed in the event of the use of general terms and conditions by him, even if the terms and conditions of the contractual partner remain unchallenged

The Buyer is prohibited from using false, fictitious and/or invented names in the ordering procedure and other communications. The seller reserves the right to prosecute any misuse or abuse in the interest of all users.

By agreeing to these General Terms and Conditions of Sale, the Seller is released from any liability resulting from incorrect fiscal documents and therefore incorrect data at the time of order entry; the Buyer is solely responsible for the correct entry of data.

Price

Unless otherwise agreed in writing, all purchase prices of the products, as well as the shipping costs, are inclusive of VAT and expressly in euros. The purchase price shall always be the price displayed on the Internet at the time the order is placed. The prices and shipping costs can be changed at any time without further notice. You should therefore check the final purchase price before placing your order.

All products are shipped directly from Austria. All prices of products and shipping costs shown on the web, unless otherwise agreed, do not take into account any costs resulting from customs duties and taxes in the case of shipping to countries outside the European Union where individual import restrictions apply.

These costs are therefore to be borne by the buyer and must therefore be paid upon delivery of the products as stated in the corresponding order confirmation.

The prices are based on the costs at the time of price submission. Should the costs change by the time of delivery, these changes shall be in favour of or at the expense of the buyer.

Terms of payment

Payments are to be made in accordance with the agreed terms of payment.

Credit card and prepaid cards.

For online orders on our websites, we accept credit card payment or payment by prepaid card (e.g. PostePay), at no additional cost to the product or shipping. It is assumed that you must be the holder of the credit card at the time of the online order, the credit card must therefore bear your name and this data must match the billing address. If one of these conditions is not met, the order cannot be processed. The seller is expressly authorised to make partial invoices if the services are provided in parts.

The buyer is not entitled to withhold payments due to warranty claims or other counterclaims not recognised by us. In any case, even in the event of default in payment through no fault of our own, we shall be entitled to demand default interest of 13% p.a. from the original due date and the reimbursement of all judicial and/or extrajudicial costs incurred to collect the Buyer's performance (payment) (in particular also any reminder and collection charges and the costs of a lawyer called in). We expressly reserve the right to claim higher damages caused by default.

Retention of title

The goods remain our property until all financial obligations of the buyer have been completely fulfilled.

Dispatch and delivery of the products

Each dispatch includes:

1. the product(s) ordered;
2. the corresponding transport and invoice document;
3. any accompanying documents required for the destination of the shipment;
4. any information and advertising material.

The products purchased shall be handed over to the supplier selected by the Seller as an insured delivery, using the address provided by the Buyer at the time of purchase.

Upon receipt of the goods at the home address, please check the integrity and completeness of the parcels handed over by the supplier. In the event of anomalies, these must be reported to the supplier and recorded and acceptance of the delivery must be refused. Otherwise, the right to assert any rights arising from this situation shall be forfeited.

Warranty on non-conforming products

The seller warrants that goods are delivered in the agreed quality and grade. Apart from those cases in which the right to cancellation of the contract is granted by law, we reserve the right to fulfil the warranty claim at our discretion by improvement, replacement or price reduction. All costs of cancellation due to product defects shall be borne by the seller.

Right of cancellation

Only if the recipient is an end consumer does he/she have the right to withdraw from the contract with the seller within a period of 14 working days from receipt of the goods ordered online without penalty and without giving reasons

The right of cancellation or return is subject to the following conditions:

1. The products to be returned can only be returned in their entirety and not in individual parts.
2. The products to be returned must not be used, worn, washed or damaged.
3. The products to be returned must be returned in their original packaging.
4. The products to be returned must be sent back to the seller in one delivery.

The seller reserves the right not to accept products that originate from one order but are returned in different deliveries.

The products to be returned must be handed over to the supplier for return within 14 working days of receipt of the goods, and in the event that the seller sells so-called multipacks of products and thus sets a lower price for the individual parts than would normally be the case, the right of withdrawal can also only be exercised with regard to some products: In this case, the price is reset on the basis of the normal unit price. In all other cases, the right of cancellation can only be exercised in relation to all products in their entirety, and partial cancellation is therefore excluded.

Hosiery Ges. m.b.H. only assumes liability for the shipping costs if damage was caused by the transport or a faulty delivery by the seller. Only in these cases will the shipping costs be reimbursed by the seller.

Transfer of contract

All rights and obligations arising from this contract shall be transferred to the legal successor in accordance with § 38 UGB (Austrian Commercial Code) without the need for separate notification of the contractual partner. The contractual partner hereby waives its statutory right of objection.

Place of jurisdiction, applicable law, place of fulfilment

The place of jurisdiction for all disputes arising directly or indirectly from the contract shall be the Austrian court with local jurisdiction for the registered office of the seller. However, we shall also have the right to take legal action at the general place of jurisdiction of the contractual partner.

Austrian law shall apply exclusively.

The place of fulfilment for delivery and payment shall be the registered office of the seller, even if the handover takes place at a different location as agreed.

Miscellaneous

Should individual provisions of these Terms and Conditions of Sale be invalid or void (in particular under the Consumer Protection Act), this shall not affect the validity of the remaining provisions.