GENERAL TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS OF BUSINESS (GCB) - ARMARGENTUM ONLINE SHOP

 

  1. General information

1.1 A2A Holding GmbH,Getreidegasse 47 Top 15, 5020 Salzburg (Austria) is a supplier of women's outerwear/accessories (hereinafter the "Goods") of the brand ARMARGENTUM. The purchase of the Goods is possible online via the ARMARGENTUM online Shop (www.armargentum.com).

1.2 The goods offered in the ARMARGENTUM online Shop are exclusively intended for consumers. By using the online store, the customer assures to be a consumer in the sense of the Austrian Consumer Protection Act (KSchG).

1.3 All contracts between A2A Holding GmbH and the client, which are concluded and processed via ARMARGENTUM Online Shop , are exclusively based on these General Terms and Conditions (hereinafter: GTC). By placing an order, the Customer accepts these General Terms and Conditions, which have been made known to him in advance. The possible application of other GTC is hereby expressly rejected by A2A Holding GmbH.

1.4 Before placing an order for the first time, the Customer may choose whether or not to create a webshop account for current orders. However, not creating an account is advisable only for a one-time order. In any case, registration of the customer is necessary. For this purpose, the customer must enter all data required in the input mask of the webshop (in particular name, billing address, delivery address, email address) completely and truthfully. If the customer does not create an account, no user ID and password will be assigned. The data required for the - also one-time - registration are necessary on the part of A2A Holding GmbH in order to be able to properly execute the Customer's order in the online Shop .

1.5 The customer undertakes to keep his account data up to date when an account is created and to make any necessary changes and adjustments without delay. Furthermore, the customer must define his personal login data (user ID and password). After transmitting these data, the customer will receive a confirmation by email about the receipt of his data and the completion of the registration. By entering the personal login data, the customer can access his personal webshop account and retrieve all order data of the last 24 months at any time.

1.6 The client has to ensure that the email account that he/she has deposited in his/her account can be reached at any time and the client explicitly agrees that the communication between the A2A Holding GmbH and the client takes place exclusively via email. All letters sent by the A2A Holding GmbH to the email address provided by the client are considered as having been received by the client. Furthermore, the client has to protect his personal login data from misuse by third parties and he is not allowed to pass them on to third parties. The A2A Holding GmbH is not liable for damages caused by the misuse of the login data by third parties.

1.7 The Client may have the account created deleted at any time within the scope of the rights of data subjects under the General Data Protection Regulation (DSGVO). To do this, the Client can either delete the account himself or have it deleted by A2A Holding GmbH. For this purpose, it is necessary to contact ARMARGENTUM GmbH, e.g. by email.

1.8 The sale of goods to the customer shall only be made in quantities customary in households. This refers both to the number of products ordered in a single order and to the prompt placement of several orders for the same product, where the individual orders cover a household quantity. The A2A Holding GmbH expressly reserves the right to reject orders that do not meet these criteria.

 

  1. Conclusion of contract

2.1 The presentation of goods in the ARMARGENTUM online Shop is only a non-binding invitation of A2A Holding GmbH to order goods in the ARMARGENTUM online store. Point 8. warranty is expressly referred to in terms of color and material quality.

2.2 By sending the order to the A2A Holding GmbH, the client submits a binding offer to conclude a sales contract for the ordered goods. The client will then immediately receive an automatically generated email with which the A2A Holding GmbH confirms that the order has been electronically recorded and registered. In any case, this order confirmation email does not represent an acceptance of the client's offer.

2.3 The sales contract for the ordered goods is only concluded when the A2A Holding GmbH sends an invoice, the goods or a shipping and order confirmation with the contents of the contract to the client.

2.4 The A2A Holding GmbH is not obliged to accept orders. As far as an order is not accepted, the client will be informed by email within 7 days. In any case, the client has no right to conclude a contract for the goods ordered by the client.

 

  1. Delivery and shipping costs

3.1 Unless otherwise agreed, the goods shall be delivered as an insured mail order purchase from the head office of A2A Holding GmbH, Industriegebiet 2, 4863 Seewalchen (Austria), to the delivery address specified by the Customer.

3.2 In ARMARGENTUM Online Shop the customer will find information on the availability of products. All information on availability, shipping or delivery of a product are only estimated information and approximate guidelines. In any case, these statements do not represent binding shipping or delivery dates. Information regarding availability is also merely information on the part of A2A Holding GmbH and is in no case to be regarded as binding.

3.3 The stated delivery times begin with the receipt of full payment by ARMARGENTUM GmbH.

3.4 The delivery & return takes place exclusively via the transport service provider shown in the ARMARGENTUM online Shop and is only possible within the following countries:

Austria

Germany

Belgium

Denmark

Finland

France

Ireland

Italy

Croatia

Luxembourg

Netherlands

Poland

Sweden

Slovenia

Slovakia

Spain

Czech Republic

Hungary

 

3.5 For standard shipping of goods, A2A Holding GmbH charges a flat shipping rate regardless of the order value. If the express delivery service differs from the standard delivery service, a higher flat rate will be charged. The amount of the shipping costs and express delivery service flat rate is explicitly stated in the ARMARGENTUM online Shop . If, for technical or logistical reasons, the shipment is made in several partial deliveries, the flat rate shipping fee will be charged only once. The customer receives information about the amount of the flat rate shipping costs during the ordering process, but in any case before submitting his offer in the online Shop.

3.6 Depending on advertising or marketing measures, it may be that no shipping costs will be charged. This will only be done according to the conditions stated in the promotion. The consumer has no legal claim to a delivery free of shipping costs.

3.7 The enclosed return labels must be used for returns. Costs for returns with other shipping service providers can only be assumed after written confirmation by A2A Holding.

 

  1. Prices, payment methods and conditions

4.1 The prices stated at the time of the orders in the ARMARGENTUM Online Shop are valid. Unless expressly stated otherwise, these are in EURO and include the statutory value added tax. The prices do not include the respective flat-rate shipping costs. The invoice will be sent to the customer by email to the email address provided by the customer during the order, or together with the delivery of goods.

4.2 Payment for the goods is made at the customer's option by credit card, Paypal, or "Klarna (for exact payment options see 4.6.). The A2A Holding GmbH reserves the right to exclude certain payment methods in individual cases without giving reasons, or to demand the payment method "cash in advance".

4.3 When paying by credit card, the amount is reserved on the credit card when the order is placed (so-called "authorization"). The credit card is actually charged at the time when the goods are shipped to the customer. In case 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 A2A Holding GmbH.

4.5. Klarna

4.5.1 Klarna's 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, A2A Holding GmbH offers the following payment options. The payment is always made to Klarna:

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 terms of use can be found at 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 about 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 Klarna's data protection regulations(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. The A2A Holding GmbH has no influence on this data processing, especially since it is carried out exclusively by Klarna.

Klarna is only available for consumers; the payment has to be made to Klarna in each case, i.e. the consumer enters into a contract directly with Klarna and can contact Klarna directly in case of questions.

4.5.2 Privacy policy

In order to be able to offer Klarna's payment options, personal data of the consumer, such as contact details and order details, will be transmitted to Klarna. This enables Klarna to assess whether the consumer can take advantage of the payment options offered by Klarna and adapt the payment options to his needs. General information about Klarna is available 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 information provided in Klarna's privacy policy(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). The A2A Holding GmbH has no influence on this data processing, especially since it is carried out exclusively by Klarna.

 

  1. Transfer of risk, acceptance

5.1 The risk of accidental loss or accidental deterioration of the goods shall pass to the customer or a person commissioned by the customer at the time the goods are handed over to the customer or a person commissioned 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 he does not comply with this obligation, the delivery shall be deemed to have taken place on the day on which the acceptance or collection should have taken place according to the contract. The risk of accidental loss and accidental deterioration shall pass to the customer on this date.

 

  1. Retention of title

6.1 The goods remain the property of ARMARGENTUM GmbH until the purchase price has been paid in full.

6.2 The A2A Holding GmbH has the right to withdraw from the contract in case of behaviour contrary to the contract on the part of the client, especially in case of default of payment, after setting a grace period of 14 days, and to demand the return of the goods, which are subject to a charge.

 

  1. Right of withdrawal/cancellation policy

7.1 Right of revocation:

The customer has the right to revoke the concluded contract (thus the order in the online Shop) within fourteen days without giving reasons. The revocation period is fourteen days from the day on which the customer or a third party commissioned by him, who is not the carrier, has taken possession of the goods (in the case of partial delivery, the day of the last delivered goods shall apply).

In order to exercise the revocation, it is sufficient to return the affected goods with the enclosed revocation form, or an informal information to the A2A Holding GmbH with the following content:

  • Name,
  • Address
  • Goods affected by the revocation
  • Order date

The information can be sent by email to shop.online@ARMARGENTUM.at, .

Furthermore, the revocation form is enclosed with every delivery of the A2A Holding GmbH.

In order to comply with the revocation period, it is sufficient if the customer sends the notification of the exercise of the right of revocation before the end of the revocation period.

 

7.2. consequences of withdrawal:

If the client withdraws from this contract, the A2A Holding GmbH must refund all payments received, including the delivery costs (with the exception of the additional costs resulting from the fact that the client chose a different type of delivery than the cheapest standard delivery offered by the A2A Holding GmbH), immediately and at the latest within 14 days from the day of receipt of the returned goods. For this repayment, the same means of payment is used that the client used for the original transaction, unless another agreement was made. Under no circumstances will the customer be charged any fees for the refund.

The A2A Holding GmbH has the right to refuse the refund until the goods are returned to the A2A Holding GmbH or until the client has provided proof that he/she has returned the goods, whichever is the earlier. Furthermore, the A2A Holding GmbH has the right to inspect the returned goods for damage and signs of use before refunding.

If the client has not declared his revocation by returning the goods but by an informal declaration, the client must return or hand over the goods affected by the revocation to the A2A Holding GmbH immediately and in any case within fourteen days at the latest from the day on which he declared the revocation of the contract. The deadline is met if the client sends the goods before the end of the fourteen day period.

Returns must be sent to the following addresses, unless they are sent with the transmitted returns sticker:

For returns within Austria and all other countries of delivery (except Germany):

A2A Holding GmbH

Mooshamstraße 2

5161 Elixhausen

Austria

The direct costs for the return of the goods shall be borne by ARMARGENTUM GmbH. If the goods received are returned in several partial returns, A2A Holding GmbH shall only bear the costs of the first return by means of the returns label provided.

7.3 The return of the goods to the A2A Holding GmbH has to be carried out according to the instructions, which result from the return form enclosed with the delivery. If the client does not return the goods to the A2A Holding GmbH according to these instructions and the goods are damaged or lost, or if the A2A Holding GmbH incurs costs, the client must compensate the A2A Holding GmbH for the resulting damage.

7.4 The right of revocation does not apply to goods that are manufactured according to customer specifications or clearly tailored to personal needs. The legal liability of the A2A Holding GmbH for quality defects remains unaffected.

7.5 In the case of a decrease in value of the goods caused by the client's use, the client has to compensate the A2A Holding GmbH for this decrease in value, if this decrease in value is due to a handling of the goods that is not necessary for testing the condition, property and functionality of the goods.

7.6 All documents that may be helpful to the customer when returning the goods are included in the shipment together with the delivery note. Should questions arise regarding the right of return/cancellation and the return of the goods to the A2A Holding GmbH, the customer service of the A2A Holding GmbH is available to the client.

 

By email: shop.online@ARMARGENTUM.com

 

A2A Holding GmbH does not charge any costs for this customer service. However, connection fees can occur, which have to be paid by the client in any case.

 

  1. Warranty

8.1 During the statutory warranty period, the customer shall initially have the right to free repair or replacement. If it should be necessary, the A2A Holding GmbH will exchange the goods completely or partially. If a defect is not repaired within a reasonable period of time or if a repair is inappropriate, the client has the right to choose between redhibitory action (i.e. cancellation of the contract) or price reduction.

8.2 The designs, colours and material appearances shown in the web shop are basically only approximations and therefore not binding. Deviations in colour nuances or in the design or the material impression do not entitle the customer to a notice of defects. The size specifications result from the sizeguide of the webshop.

8.3 Furthermore, the warranty on the part of the A2A Holding GmbH towards the client is limited to the duration of one year.

 

  1. Liability

The A2A Holding GmbH is basically only liable for damages that are due to intent or gross negligence. The liability for damages caused by slight negligence is excluded. This limitation of liability does not apply to personal injury. Compensation for consequential damages caused by defects, financial losses, savings not achieved, loss of interest and for damages resulting from claims of third parties against the client is excluded, as long as it was not caused by the A2A Holding GmbH or its employees or representatives intentionally or through gross negligence.

 

  1. Disclaimer for external links

A liability for the set links is only assumed within the scope of § 17 ECG. The links are also set and checked with the greatest possible care. Nevertheless, we cannot guarantee that the linked page will not change without our knowledge and action.

 

At the time of linking, these links were legally compliant. Should we be made aware of a legal problem, the link in question will be removed immediately.

 

  1. Data protection

Further information on the subject of data protection can be found in the currently valid data protection declaration of the A2A Holding GmbH.

The client's personal data, namely data to be provided during registration, will be stored and processed by the A2A Holding GmbH within the framework of the fulfilment of the (pre-)contractual obligations according to these GTC.

The client has the right to obtain information from the A2A Holding GmbH about these personal data, as well as the right to correct or delete them or to limit their processing, as well as the right to object to their processing and the right to data transferability. Likewise, the client has the right to complain to the data protection authority(https://www.dsb.gv.at).

 

  1. Final provisions

14.1 The exclusive application of material and formal Austrian law is agreed upon for all contractual relationships or other legal relationships between the A2A Holding GmbH and the client, with the explicit exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and the reference norms of international private law, especially the Rome Regulations. The court of jurisdiction is agreed to be the relevant court at the headquarters of A2A Holding GmbH, Industriegebiet 2, 4863 Seewalchen (Austria).

14.2 However, this choice of law shall only apply insofar as it does not deprive the customer of the protection granted by mandatory provisions of the law of the state in which he has his habitual residence.

14.3 The A2A Holding GmbH reserves the right to change or supplement these terms and conditions at any time at its own discretion. Such changes or additions will be announced to the client either during the next login to the web shop, or before a new order.

14.4 Should individual provisions of these GTC be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions and the conclusion of a contract shall not be affected. Any such provision shall be deemed replaced by a provision which comes closest to the economic purpose of the invalid provision and is valid. The same applies in the event that these General Terms and Conditions contain a loophole.

  1. Imprint

Responsible:

A2A Holding GmbH

Getreidegasse 47 Top 8

5020 Salzburg

Austria

www.ARMARGENTUM.com

 

Industrial production and trade of clothing

 

Management: Walter MOSER,

Wels regional court

Company register: FN 535967m

VAT identification number: ATU75713907

 

You can contact us in this way:

By email: office@ARMARGENTUM.com

We undertake to participate in the Internet Ombudsman's arbitration procedure in the event of a dispute: www.ombudsmann.at.

Internet Ombudsman

Margaretenstraße 70/2/10

1050 Vienna

Austria

Further information on the types of proceedings can be found at www.ombudsmann.at or in the respective

Procedural guidelines:

The OS platform can also be used for the settlement of disputes with our company: http://ec.europa.eu/odr

You can also submit your complaint directly to us at the above e-mail address.

Status: September 2020