1. Preamble

 



If any part of these terms and conditions should be invalid, this shall not affect the validity of the remaining terms and conditions. The ineffective condition shall be replaced by such an effective condition, which economically comes as close as possible to the intention of both contracting parties discernible from the agreement.


Amendments to these terms and conditions as well as supplements to these terms and conditions shall only be valid if they are agreed and signed in writing.


The CONTRACTOR recommends the Customer to save these GTC permanently.


(Winter 2021)


Imprint according to § 5 ECG, § 25 MedienG and § 14 UGB:


E. V. E. Textiles GmbH,

Koppstraße 15/18, 1160 Vienna, Austria

studio@edenscollective.com


Company register number: FN 544615 f


Commercial register court: Commercial Court Vienna


UID: ATU76181301


Member of the Austrian Chamber of Commerce


RIS - Gewerbeordnung 1994 - Bundesrecht consolidated, version of 11.12.2020 (bka.gv.at)


Business purpose: Trade and textile design


Author: Attorney at Law Dr. Tobias Tretzmüller, LL.M., www.digital-recht.at.


A copy of these terms and conditions, or even parts thereof, requires the consent of the author


The CONTRACTOR is entitled to amend these GTC at any time. The CONTRACTOR shall inform the Customer of such amendments by sending the amended GTC to the e-mail address last notified to the Customer. The Customer shall have the right to object to such amendment. If no objection is made by the Customer within 14 days of this amendment being sent, implied consent to the amendment of the GTC shall be assumed. Unilateral and factually unjustified changes to the GTC cannot be implemented in this way.

Further issues


The contractual relationship with the Customer begins with the conclusion of the contract. If a one-time service is owed (target obligation), the contractual relationship ends with the complete provision of the mutually owed services. If a continuing obligation is owed, this can be terminated with a fourteen-day notice period to the last day of a month without giving reasons. This does not affect the right to extraordinary termination at any time.

Changes to these terms and conditions


This contractual relationship is based on Austrian law and this is deemed to be agreed. However, this choice of law may not result in a consumer being deprived of the protection afforded to him by the mandatory provisions of his country of residence (Art 6 number 2 Rome I Regulation). The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) as well as of conflict-of-law rules is excluded. The exclusive place of jurisdiction shall be Vienna. If the Customer is a consumer and has his domicile or habitual residence in Austria or is employed in Austria, the Customer may be sued in derogation thereof only before those courts in whose district his domicile, habitual residence or place of employment is located. 


Reference is made to the possibility of dispute resolution by way of an online dispute resolution platform (Art 14 para 1 S 1 ODR Regulation) (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE) and national consumer arbitration boards. The CONTRACTOR undertakes to participate in such arbitration proceedings.

Duration of the contractual relationship


The CONTRACTOR may use subcontractors for the performance of its obligations under this Agreement.

Jurisdiction and Applicable Law


The disclosure of data and information to the respective required business partners is permitted to the extent necessary for the fulfillment of the contractual relationship (Art 6 para 1 lit b GDPR). Otherwise, the Customer and the CONTRACTOR are mutually obliged to maintain secrecy about the circumstances and data related to the other, of which they become aware due to the present business relationship, and in particular to observe data secrecy. These obligations regarding data and business secrecy shall also apply beyond the contractual relationship. 


The CONTRACTOR draws attention to the fact that data of the CUSTOMER may be processed for advertising purposes on the basis of legitimate interests (Art 6 para 1 lit f GDPR). The CUSTOMER may object to this form of data processing at any time (Art 21 para 2 DSGVO).

Use of subcontractors


The risk of loss of or damage to the goods shall pass to a consumer (only then) when the consumer or a third party authorized by him to receive the goods (who is not the carrier) has taken possession of the goods.

Data protection and protection of business and trade secrets


The liability of the CONTRACTOR for slight negligence is excluded. The liability is limited to the amount of damages typically foreseeable at the time of conclusion of the contract.


This limitation of liability shall not apply with regard to personal injury or for damages under the Product Liability Act.


Transport damages must be reported to the contractor and, if applicable, to the forwarding agent without delay.


The CONTRACTOR shall not be liable to companies for loss of profit.


The CONTRACTOR offers no guarantee that the photos published in the goods store are identical to the goods actually delivered.

Danger transmission („Gefahrtragung“)


The CONTRACTOR shall not be liable for third-party information opened by means of an electronic reference (link). As soon as the CONTRACTOR gains knowledge or awareness that illegal information is linked to, the CONTRACTOR shall immediately delete this link.

Liability for damages and warranty


Unless expressly agreed otherwise, the CONTRACTOR shall retain the intellectual property rights to the works created by it.

Discalimer of liability for third-party content


All goods delivered by the CONTRACTOR shall remain the property of the CONTRACTOR until full payment has been made. A sale of the goods by the Customer to a third party before they have been paid for in full requires the prior consent of the CONTRACTOR.


If the Customer has not taken over the goods as agreed (default of acceptance), the CONTRACTOR shall be entitled either to store the goods, for which a reasonable storage fee may be charged, or to deposit the goods in court at the Customer's expense and risk.

Intellectual property


The CONTRACTOR shall not be responsible if it is unable to meet its obligations under the contractual relationship due to circumstances for which it or a vicarious agent is not responsible. This applies, among other things, to the lack of availability of energy or telecommunications services and due to force majeure.

Retention of title („Eigentumsvorbehalt“)


This right of withdrawal only applies to consumers.


Furthermore, this right of withdrawal does not apply if goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene.


The Customer has the right to revoke his contractual declaration or an already concluded contract within fourteen days without giving reasons if the contract was concluded electronically. The withdrawal period is fourteen days from the day on which the consumer or a third party not acting as a carrier and designated by the consumer obtains possession of the goods.


In order to exercise the right of withdrawal, the Customer must inform Contractor of the decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). For this purpose, the Customer may use the model withdrawal form, which is listed in Annex I B of the Distance and Off-Site Transactions Act (https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20008847) and can also be accessed on the CONTRACTOR 's website.


A notice of revocation shall be sent to the following address:


E. V. E. Textiles GmbH, FN 544615 f,


Koppstraße 15/18, 1160 Vienna, Austria


[studio@edenscollective.com]


In order to comply with the cancellation period, it is sufficient that the Customer sends the notification of the exercise of the right of cancellation before the expiry of the cancellation period. If this option is used, a confirmation of receipt of such revocation will be sent to the Customer. If the Customer revokes the contractual statement or a contract that has already been concluded, the Contractor shall repay all payments that it has already received from the Customer, including delivery costs (with the exception of additional costs resulting from the fact that the Customer has chosen a type of delivery other than the favorable standard delivery offered by the CONTRACTOR) without undue delay and no later than within fourteen days from the day on which the Contractor received the notification of the revocation of this contract. For the repayment, the Contractor shall use the same means of payment that the Customer used for the original transaction.


The direct costs of the return shipment shall be borne by the Customer. If a loss in value of a good is due to the fact that the good has been used in a way that is not necessary to check its condition, the Customer shall be liable for this loss in value.

Performance interruption

The CONTRACTOR points out - without prejudice to the right of withdrawal in terms of point 7 - that in principle only unworn goods can be returned. In case of dissatisfaction, please feel free to contact the listed contact details (see point 7). The CONTRACTOR will take care of your request!

Right of withdrawal according to the Austrian FAGG

The prices listed in the goods store are in EUR.


The minimum order value for goods (purchase price of the goods including VAT, excluding shipping costs) is EUR 12,50.


In case of doubt, the sales tax is not yet included. The amounts stated at the time of the order shall apply in each case. The CONTRACTOR shall inform the Customer once again about the prices, taxes and shipping costs in the order summary before the order is completed.

 

The payment methods accepted by the CONTRACTOR are listed in the web store.


More detailed information on payment and shipping can be found on our website: [https://edenscollective.com/].


Payment is made by bank transfer to the account indicated by the CONTRACTOR. Whether the payment is made monthly (continuing obligation) or once (target obligation) depends on the agreement between the CONTRACTOR and the Customer.


The CONTRACTOR 's receivables shall become due upon invoicing. If the receivables are not paid within seven days, the CONTRACTOR shall charge 4% per year in statutory default interest from the due date. In the event of default, the Customer undertakes to reimburse the CONTRACTOR for any reminder and collection expenses incurred, insofar as they are necessary for appropriate legal action. If the Customer is an entrepreneur, the amount of interest on arrears shall be determined in accordance with § 456 of the Austrian Commercial Code (UGB).

Reclamation


By clicking the button "Order subject to payment", the Customer submits a binding offer to conclude a contract with CONTRACTOR. The CONTRACTOR is not obliged to accept this offer. Before finally sending an order, the Customer has the opportunity to check it again for any errors and to correct it if necessary.


The CONTRACTOR shall confirm receipt of an offer to the Customer by sending an e-mail to the address provided by the Customer ("Order Confirmation"). This e-mail does not constitute an acceptance of the offer by the CONTRACTOR. The CONTRACTOR may accept offers by confirming the purchase of the offer in another e-mail ("Order Confirmation") or by sending the ordered goods. The Customer is bound to its requests for three days.


The shipment of the products within the European Economic Area ("EEA") is usually carried out within thirty working days from the conclusion of the contract. If the CONTRACTOR is prevented from meeting the delivery deadline due to force majeure (e.g. natural disasters or epidemics) or delivery bottlenecks of third party suppliers, the CONTRACTOR shall inform the Customer of this as soon as possible. In such cases, the delivery period shall be extended by the duration of the events.


It is expressly pointed out that the goods sold and designed via the web store are produced in a contract manufacturing facility in Styria, Austria. As a result, delays may occur - for example, due to public holidays. For further information, please contact the CONTRACTOR.

Payment modalities


The Customer is obliged to provide true and complete information in the course of the business relationship and to keep his data up to date at all times. He shall treat his data confidentially. If the Customer suspects misuse by third parties, he must inform the CONTRACTOR immediately.


The Customer shall refrain from all actions that could endanger or impair the technical provision of services of the CONTRACTOR (including cyber attacks). Such behavior will be legally prosecuted.

Offer and conclusion of contract


All business relations between the CONTRACTOR and the Customer shall be subject to these GTC in the version applicable at the time of the conclusion of the transaction. These GTC supersede any general terms and conditions of the Customer.


These GTC may be permanently stored on the Customer's computer and/or printed out by the Customer for the purpose of the online order.


Contractual, ordering and business language is German. In the event of an English version, the German translation shall prevail in case of doubt.


The CONTRACTOR offers its services primarily in Austria and Germany. This is for logistical, legal and business reasons and without any intention of discrimination.

Conditions of use


E. V. E. Textiles GmbH, FN 544615 f, Koppstraße 15/18, 1160 Vienna, Austria hereinafter referred to as "CONTRACTOR", specializes in designing and trading women's outerwear and children's clothing as well as accessories made from sustainable fabrics from Austria and Europe for mothers and daughters.


These General Terms and Conditions (hereinafter "GTC") deal with trading via the webshop on the site [https://edenscollective.com/].


These GTC can also be used in offline trade.


The Customers are usually consumers within the meaning of § 1 para 1 Z 2 KSchG („Austrian Customer protection act“), but also entrepreneurs within the meaning of § 1 para 1 Z 1 KSchG.


For the purpose of better readability, no gender-specific differentiation is made. This is done without any intention of discrimination.

Scope of application