General Terms and Conditions of Sale
- For purposes of these General Terms and Conditions of Sale and to simplify the matters, “you” and “your” means you as the potential consumer, while “we”, “our”, and “us” means we as the vendor.
- Scope of application
- Any business transactions, in particular purchases, gift cards, concluded on our website (“www.dressandimpress.at”) with Consumers, are subject to these General Terms and Conditions.
- The goods purchased on www.dressandimpress.at are sold by dress2impress GmbH GmbH,having its seat at Krugerstraße 15/1-2, 1010 Vienna, Austria, registered in the trade register of the Austrian Register of Companies of the Commercial Court of Vienna, under No. 471487p.
- A “Consumer” in terms of this General Terms and Conditions of Sale are consumers according to Section 1 Paragraph 1 Number 2 of the Austrian Consumer Protection Law (KSchG). Thus, any natural person acting for purposes that are outside of his or her trade, business, craft or profession, is regarded as a Consumer. If you are a businessperson or a legal entity, please contact us at email@example.com call us under +4315122543.
- We reserve the right to offer our goods for sale exclusively to Consumers, having reached the age of majority. In the case of conclusion of contract with an underage person, the legal guardian shall be fully liable for damages incurred by the conclusion.
- Steps to follow to place an order/to conclude the contract
- The contract language is exclusively English.
- Ordering procedure operates as follows:When you find an item you want to buy, select your size and click the “Add to Bag” button. You can proceed to checkout to purchase or continue shopping. Once you are finished, no matter how many goods you purchase, you only have one single checkout. If you need any help along the way, please contact us at firstname.lastname@example.org and we will be happy to assist you.
- Before placing an order by clicking the button “order with obligation to pay”, we kindly ask you to carefully read the General Terms and Conditions of Sale as well as the Private Policy.
- On the conformation page, which appears prior to the placement of the order (see 3.3), we provide you with main characteristics of each product, the price (including all arising taxes, fees and ancillary costs), and the cost of shipping.
- On the conformation page, you shall have a technical possibility to identify and correct input errors. After a successfully completed placement of your order, a subsequent correction cannot be guaranteed by us.
- Before placing an order, you will have the possibility to choose a respective shipping form. However, you have to take into account that for certain types of shipment (e.g. DHL Express delivery additional costs will be incurred.
- Your placed order will be regarded as an irrevocable offer. By submitting the order proposal, you unconditionally recognise the General Terms and Conditions of Sale and the Privat Policy as an integral part of the contract and undertake to observe its provisions.
- Subsequent to the placement you will receive an automatic acknowledgement of receipt. This acknowledgement neither constitutes the acceptance of your order by us nor justifies any contractual legal relationship with us. This acknowledgment of receipt serves strictly for information purposes (regarding the receipt of your offer).
- It has to be noted that orders placed Monday through Friday from 10:00 am CET onwards, will begin processing on the same day. Orders placed on Friday after 12:00 am CET and through the weekend, we will begin processing on the following Monday.
- Despite the fact that we exert ourselves to minimize any inconvenience, we reserve the right to reject your offer, especially in the following situations:
- Out-of-stock condition or an unavailability of the respective good
- Serious and unambiguous error in pricing or description of the good
- Fraudulent or dishonest behaviour conducted by you
- Disregarding main provisions of the contract
In the event of such a (comparable) situation, we will contact you immediately and inform you about the further procedure. Of course, the order will be changed immediately and adapted accordingly.
- We accept following methods of payment:
- American Express
- Apple Pay
- Master Card
- Pay by bill
- During the proposal order you are able to choose an available method of payment.
- In case you prefer to select cash payment as your desired method of payment, please visit our store in Krugerstrasse 15, 1010, Vienna, Austria. In case you prefer to select “pay by bill” as your desired methods of payment, please contact our customer care at email@example.com receive further instructions/details.
- Without prejudice to 4.1. gift cards can only be purchased on our website with credit or debit cards(e.g. VISA, Master Card, American Express).
- We do not charge any fees for your selected method of payment on our behalf. Thus, you are free to select your desired method of payment in accordance with 4.1.
- Notwithstanding 4.4, we are not liable for any bank fees and/or other ancillary costs incurred during the transaction as well as any cancellation charges in case of insufficient funds.
- All payments are subject to validation checks and authorization by the payment service provider you have chosen. If the payment provider refuses to, or does not for any reason, authorize payment, your order proposal will be then rejected. You will be immediately notified about the occurred incident by email and/or during checkout in the order process.
- Periodically, we offer you coupons codes, which you can easily redeem during the payment proceeding. These periodically issued coupons are exclusively redeemable in our website.
- A combination of different coupons is not permitted. You can only use one coupon per order.
- If the recipient of the coupons wishes to order goods with a higher value than the value of the gift certificate, the difference must be paid by one of the accepted payment methods in accordance with 4.1.
- In case of withdrawal of the contract you get a new coupons code with the same value, to the extent that the discount promotion is still ongoing.
- Gift card
- You can purchase gift cards on our site as well as in our stores. The online gift card is a code number that you receive by email, whereas the store gift card is a physical cheque card [with a code number].
- The minimum value of a gift card is 10 EURand is limited up to 400 EUR.
- Gift cards are only valid for a period of 72 months from the purchase date, after which the gift card becomes invalid and the remaining balance will not be redeemable.
- In case your gift card reached a zero balance, the gift card becomes invalid and is no longer intended for use.
- Our gift cards are not credit/debit cards, legal tenders or securities. A cash redeem is unconditionally not permitted.
- If the recipient of the gift certificate wishes to order goods with a higher value than the value of the gift certificate, the difference must be paid by one of the accepted payment methods.
- In case of lost or stolen gift cards we are not obliged to replace lost or stolen gift cards. Yet, you can report us about the incident.
- Shipping and delivery procedure
- We will provide you with a post tracking number and a specific link in the conformation email. This links refers to the webpage of the respective postal service provider, where you can then track your order delivery by entering the specific post tracking number.
- As we do not deliver your package personally, we cannot give the exact delivery date in advance. The delivery duration of your order varies depending on the destination address as well as the current season. Nevertheless, we generally expect that you will receive your package within five (5) business days (Austrian delivery)/ seven (7) business days (worldwide delivery).
- [with DHL etc. : Of course, you can also choose another type of delivery, which guarantees a comparatively faster delivery. For this, however, you will have to pay additionally]. In case you choose DHL Express your order will be shipped within 24 hours after placing the order.
- Regarding online purchased gift card, you will receive your gift card via your announced email address.
- Retention of title
- The purchased goods delivered remain the property of us until they are paid for.
- Legal warranty
- In the event of a defect, the provisions of the statutory warranty shall apply.
- The supplementary performance can be either rectification of the deficiency or replacement. Notwithstanding this, we are entitled to deliver a new one item, if the rectification is disproportionate.
- We strongly advise and recommend you, to inform us about the warranty issue and send the respective good to our store in Krugerstraße 15/1, 1010 Vienna, Austria, so we can proceed with attempting to resolve your issue and help you without delay. We will surely cover the shipping costs if your issue falls under the material scope of the warranty law.
- Customer Care
- If you have any questions or concerns, feel free to contact our Customer Care firstname.lastname@example.org call us under + 4315122543.
- You can also visit our flagship store in 1010 Vienna, Krugerstraße 15. Our business hours are Monday – Friday from ten (10) am to seven (7) pm. During the business hours we will be pleased to accept your concerns and one of our customer specialists will immediately deal with your case.
- Return Policy
- You have the right to return the goods and to withdraw from contract within fourteen (14) days without giving any reason, and without incurring any costs other than the direct cost of returning the goods. Regarding gift cards, you have a 30 days return period from the moment your Gift Card is delivered to you to cancel your order of a Gift Card and receive a full refund. Gift Cards that have been used cannot be refunded.
- The right of withdrawal will expire after fourteen (14) days from the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the goods.
- Before the expiry of the withdrawal period, you must inform us of your decision to withdraw from the contract (e.g. a letter sent by post or email). You may use the model withdrawal form in Section 8.4., but it is not mandatory. You can additionally fill in and submit the model withdrawal form or any other unequivocal statement on our website f.at.Once you fill in and submit the form on our website, you will receive from us an acknowledgement of receipt via email.
- To meet the withdrawal deadline, it is sufficient for you to send your withdrawal form before the withdrawal period has expired.
- In prejudice to 11.3. you can also exercise your right to withdraw by sending us following not mandatory withdrawal form:
I hereby give notice that I withdraw from my contract of sale of the following goods
— Ordered on (*)/received on (*),
- Name of consumer(s),
- Address of consumer(s),
- Signature of consumer(s) (only if this form is notified on paper),
- If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us.) We may withhold reimbursement until we have received the goods back or you have supplied evidence of having set back the goods, whichever is the earliest. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
- You shall send back the goods or hand them over to us, without undue delay and in any event not later than fourteen (14) days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen (14) days has expired.
Send returns to:
1010 Vienna Austria
- You will have to bear the direct cost of returning the goods.
- You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods
- If we receive a returned good in an unsuitable condition, the refund will become void and the goods will be sent back to you.
- You are not subject to exercising your withdrawal rights when the goods were ordered to your specifications, or were tailored to your personal needs or were delivered with a seal, and cannot be taken back for hygienic reasons, or for health protection reasons, in as far as the seal has been broken after receipt.
- As soon as your goods reach us and have been processed by us, we will issue a refund. The return process can take up to two (2) weeks from the moment you send back your product.
- Refund conformation email? We will refund your amount paid, taking also into account any discounts. Your refund will be paid with the same method of payment you used to purchase you order. If you have selected to pay your order by bill, you might have to contact your payment prover in order to issue the refund. In case you purchased your order solely, or in part, with a gift card, your refund will be credited to your gift card. If the total refund amount exceeds the original value of your gift card, we will refund the difference to the other method of payment.
- If a provision of this General Terms and Conditions of Sale is or becomes illegal, invalid or unenforceable in any jurisdiction,that shall be replaced by a valid provision which is provided for by law in the case of consumers.
- Validity of General Terms and Conditions of Sale
- Since we will change the terms and conditions in the course of time, it is important to us to create clarity, which terms and conditions apply to you specifically. Generally, those General Terms and Conditions of Sale shall apply which have the latest version at the time of the conclusion of the contract, unless another version has been made available to you before the conclusion of the contract.
- On our webpage you can easily call up any version of our General Terms and Conditions of Sale at any time. Of course, you can also contact us in order to receive the General Terms and Conditions of Sale in paper format.
- Choice of Law
- Any disputes arising out of or relating to the General Terms and Conditions of Sale and/or the contract shall be governed by the laws of Austria to the exclusion of the CISG.
- The choice of law shall only apply to the extent that mandatory consumer protection provisions of the country, where the consumer has his or her habitual residence, are not deprived.
- ODR Platform
- ODR platform according to Article 14 Paragraph 1 ODR-regulation: The European Commission provides the European Online Dispute Resolution (ODR) platform. For more details, we provide you a link of the website of the ODR platform: europa.eu/consumers/odr.
- Dress2Impress GmbH is neither committed nor obliged to use the ODR platform for resolving consumer disputes.