Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Withdrawal Period: the period during which the consumer can exercise their right of withdrawal;
Consumer: the natural person who does not act for purposes relating to their trade, business, or profession and concludes a distance contract with the company;
Day: calendar day;
Ongoing Agreement: a distance contract regarding a series of products and/or services, where delivery and/or receipt obligations are spread over time;
Durable Medium: any means that enables the consumer or the company to store information addressed to that person in a way that allows future reading and unchanged reproduction of the stored information;
Right of Withdrawal: the consumer's ability to withdraw from the distance contract within the withdrawal period;
Company: the natural or legal person offering products and/or services to consumers at a distance;
Distance Contract: a contract concluded within the framework of a system for distance selling of products and/or services, organised by the company, using one or more means of distance communication up to and including the conclusion of the contract;
Means of Distance Communication: any means that can be used to conclude a contract without the consumer and the company being simultaneously present in the same place;
Terms and Conditions: the applicable general terms and conditions of the company.
Article 3 – Application
These general terms and conditions apply to every offer from the company and any concluded distance contract and order between the company and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be stated that the terms and conditions can be viewed at the company and will be sent to the consumer free of charge upon request as soon as possible before the distance contract is concluded.
If the distance contract is concluded electronically, these general terms and conditions may, in contrast to the previous paragraph, be made available electronically in a manner that allows the consumer to store them on a durable medium. If this is not possible, it will be indicated where the terms and conditions can be viewed electronically, and they will be sent free of charge electronically or otherwise at the consumer’s request.
If, in addition to these general terms and conditions, specific product or service terms also apply, the second and third paragraphs apply correspondingly, and in the event of conflicting terms, the consumer may always rely on the most favourable provision.
If one or more provisions in these general terms and conditions are at any time wholly or partially invalid, the contract and the remaining terms remain valid, and the invalid provision will be replaced by a provision that as far as possible follows the purpose of the original provision.
Situations not covered by these general terms and conditions shall be assessed in the “spirit” of these terms and conditions.
Doubts about the interpretation or content of one or more provisions in our terms shall be interpreted in the “spirit” of these terms and conditions.
Article 4 – The Offer
If an offer has a limited validity period or is conditional, this will be clearly stated in the offer.
The offer is non-binding. The company reserves the right to change or adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to assess the offer correctly. If the company uses images, these are a truthful representation of the offered products and/or services. Obvious errors or mistakes in the offer are not binding on the company.
All images, specifications, and data in the offer are indicative and cannot give rise to claims for damages or annulment of the contract.
Each offer includes information that makes it clear to the consumer what the rights and obligations are in connection with the acceptance of the offer. This particularly concerns:
The price, excluding customs duties and import VAT. These additional costs are at the consumer’s own expense and risk. The postal and/or courier service will apply the special procedure for postal and courier services in connection with import. This applies when goods are imported to the EU destination country. VAT and customs duties may be collected by the courier upon delivery;
Any shipping costs;
How the contract will be concluded and what actions are required;
Whether the right of withdrawal applies;
Payment, delivery, and performance methods;
The period for acceptance of the offer, or the period during which the company guarantees the price;
The fee for distance communication, if the costs of the distance communication technique are calculated differently than the normal basic rate;
How the contract is stored after conclusion, and if so, how it is accessible to the consumer;
How the consumer can verify the information they provided before the contract is concluded and, if desired, correct it;
Any other languages in which the contract may be concluded besides English;
Codes of conduct to which the company is subject and how the consumer can access them electronically; and
The minimum duration of the distance contract in the case of an ongoing agreement.
Optional: available sizes, colours, and materials.
Article 5 – The Contract
The contract comes into effect at the moment the consumer accepts the offer and fulfils the associated conditions, subject to the provisions in Article 4.
If the consumer has accepted the offer electronically, the company immediately confirms receipt of the acceptance electronically. Until this receipt is confirmed, the consumer may revoke the contract.
If the contract is concluded electronically, the company shall take appropriate technical and organisational measures to ensure data transmission and a secure web environment. If the consumer can pay electronically, the company takes appropriate security measures.
The company may, within legal limits, obtain information about whether the consumer can meet their payment obligations, and about all factors important for responsible conclusion of the distance contract. If the company has reasonable grounds not to conclude the contract based on this assessment, it may refuse an order or request, or impose special conditions on performance.
The company will provide the following information to the consumer in writing or in a manner that allows the consumer to store it on a durable medium:
Company address for complaints;
Terms and procedure for exercising the right of withdrawal, or a clear statement if withdrawal is excluded;
Information about warranties and after-sales services;
Information mentioned in Article 4, paragraph 3, unless already provided;
Requirements for terminating the contract if the contract duration exceeds one year or is indefinite.
For ongoing agreements, the previous paragraph applies only to the first delivery.
Each contract is concluded under the condition of sufficient availability of the relevant products.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the right to cancel the contract without reason within 14 days. The withdrawal period begins the day after the consumer or a designated third party receives the product.
During the withdrawal period, the consumer must handle the product and packaging with care. The product may only be unpacked or used to the extent necessary to determine whether they wish to keep it. If the consumer exercises their right of withdrawal, the product must be returned with all accessories and, where reasonably possible, in its original condition and packaging, in accordance with clear instructions from the company.
The consumer must notify the company of their decision to withdraw within 14 days of receiving the product. The product must then be returned within 14 days. Proof of timely return, such as shipping receipt, is required.
If the consumer fails to notify the company or return the product in time, the purchase becomes binding.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the product are borne by the consumer.
If payment has been made, the company will refund the amount as soon as possible, but no later than 14 days after withdrawal, provided the product has been received or proof of return is presented.
Article 8 – Exclusion of Right of Withdrawal
The company may exclude withdrawal for certain products or services, such as personalised items, perishable goods, sealed hygiene products, or specific services (accommodation, transport, catering, events). Exclusion applies only if clearly stated in the offer.
Article 9 – Prices
Prices stated in the offer are fixed for the validity period, except for changes due to VAT adjustments. Variable prices may apply if linked to financial market fluctuations beyond the company’s control.
Article 10 – Compliance and Warranty
The company guarantees products/services meet the agreement, specifications, reasonable reliability/use requirements, and applicable law. Warranty does not affect statutory consumer rights.
Article 11 – Delivery and Performance
The company handles orders with care. Delivery address is as provided by the consumer. Products are delivered within 30 days unless agreed otherwise. Risk passes to the consumer upon delivery or to a designated representative.
Article 12 – Ongoing Agreements: Duration, Termination, and Renewal
Consumers may terminate ongoing agreements at any time, respecting agreed notice periods. Limited-period agreements may only extend under certain conditions.
Article 13 – Payment
Unless otherwise agreed, payment is due within 7 business days after the withdrawal period begins. Late payments may incur reasonable costs.
Article 14 – Complaints Procedure
Complaints must be submitted within 7 days of discovering defects. Company responds within 14 days. If justified, products may be replaced or repaired at the company’s discretion.
Article 15 – Disputes
Contracts between the company and the consumer are governed by Australian law, including cases where the consumer resides abroad.
