Terms and Conditions
Please read our General Terms and Conditions. For any further questions, please do not hesitate to contact us via email (email@example.com).
GENERAL TERMS AND CONDITIONS
of HUBER Digital GmbH and its affiliated Group companies (§ 228 para 3 of the Austrian Commercial Code (Unternehmensgesetzbuch, UGB))
entered as FN 68246m in the Commercial Register of the Regional Court of Feldkirch
(as at June 2014)
Scope of application
Our General Terms and Conditions (GTC) apply to all current and future business relationships via distance marketing, in particular the online platform (SKINY Online Shop) https://skiny.com with HUBER Shop GmbH and its affiliated Group companies (§ 228 para 3 of the Austrian Commercial Code (UGB)), hereinafter also: HUBER Shop). Deviating, opposing or supplementary general terms and conditions shall not become a part of the contract—even if these are known—unless we expressly agree upon their validity. We are not obliged to contradict the GTC of the contracting party, even if the validity of the same is given as an explicit condition in these GTC. We declare that we wish to conclude contracts solely on the basis of the present GTC.
Certain provisions are made in these GTC for consumer transactions.
Prices, offers and orders
Prices that are included on the pages of our online platform or offers (such as newsletters) are understood to be ex works, unless another agreement has been reached. All prices are gross prices including VAT. Unless otherwise stated, the prices refer to the respective illustrated items in accordance with the description, however not to the content, accessories or decoration. Our selling prices do not include the cost of delivery or other services. Our prices and offers are subject to change and are non-binding. By presenting the products on our website, we ask our customers only to submit offers (orders) on their part. An order confirmation sent via email does not thereby lead to a purchase contract. The contract is regarded as concluded only with the despatch of a written order confirmation (e.g. by email) from us or, respectively, through the delivery of the ordered goods. We reserve the right to a possible interim sale or withdrawal.
We are entitled to refuse the acceptance of an order at any time, for example after checking the creditworthiness of the customer.
We are entitled to withdraw from the contract if our upstream suppliers have not provided us with supplies either at all, on time or properly.
Agreements with the employees of HUBER Shop require our written confirmation to be legally valid. We are entitled to correct printing and typing errors on the pages of our online platform, other printed material, written offers, delivery notes and invoices, etc. The prices are recommended prices. Technical data sheets and descriptions are non-binding. It is also understood that those prices, which correspond to our current price list at the time of the conclusion of the contract, must be valid.
If the customer has a coupon (such as a discount code, voucher, etc.), this entitles the customer to a one-off payment of the amount indicated on the coupon.
When ordering via our online shop, the ordering process comprises a total of five steps. In the first step, the customer selects the desired products and places them in the shopping basket/cart. In this step, the customer also has the opportunity to enter any coupons (e.g. discount codes, vouchers, etc.) mentioned in 5. into the shopping cart and redeem this by clicking on [Apply discount]. In the second step, the customer must provide his customer data, including a billing address and a different delivery address where applicable. For this second step, the customer will reach the shopping cart after clicking on [Checkout]. In the third step, the customer selects the desired payment method. In the fourth step, the customer has the opportunity to review all information (e.g. name, address, method of payment, ordered items) once again and, if necessary, to correct these before the order is completed. An order is completed by clicking on [Buy now] in the fifth and final step – by entering the payment details and sending it on to us.
Goods in shopping cart
Shopping cart + discounts
Address information (home or store branch delivery) – reference to the user account [Next]
Selection of payment method – possibly different billing address
And/or system user account
The customer has the right to cancel this contract within 14 days without stating a reason. The cancellation period is 14 days from the day on which the customer or a third party appointed thereby—who is not the consignor—has taken possession of the last goods. To exercise the right of cancellation, the customer must inform us (HUBER Shop GmbH, E-Commerce SKINY, Hauptstrasse 17, 6840 Götzis,firstname.lastname@example.org, Tel.: +43 5523 505 8219) by means of a clear statement (e.g. by email) regarding his decision to cancel this contract. The attached cancellation form may be used for this purpose, but it is not mandatory. To preserve the cancellation period, it is sufficient that the customer send the notification of exercising the cancellation right before the expiry of the cancellation period.
Consequences of the cancellation:
If the customer cancels this contract, we have to refund the customer all payments which we received therefrom, including delivery costs (with the exception of the additional costs resulting from the fact that the customer had chosen a different kind of delivery than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day on which we received the notification of the contract cancellation. For the repayment, we use the same payment centre that the customer had used in the original transaction, unless otherwise expressly agreed upon. In no case shall the customer be charged fees due to this refund. We can refuse the refund until we have received the goods back or until the customer provides evidence that he has returned the goods, whichever is earlier. The customer must return or hand over the goods to us immediately and, in any event, no later than 14 days from the date on which we were informed of the cancellation of the contract. The deadline is respected if the goods are sent out 14 days before the deadline expires. The customer bears the immediate costs of returning the goods. The customer must pay for any loss of value of the goods if that value loss is due to the unnecessary handling of these to check the nature, characteristics and functioning of the goods.
Delivery, transfer of risk, costs
Unless otherwise agreed upon, delivery is ex works to the delivery address specified by the buyer. The transfer of risk, however, occurs only upon delivery of the goods to the customer. Deliveries are currently carried out only to Austria and Germany. Delivery is carried out by the Austrian Post & Partner or, respectively, the German post/DHL.
The delivery time is approx. two working days to Austria and approx. four working days to Germany. Should we notice while processing the order that the products ordered by the customer are not available, the customer shall be informed separately by email. No contract is concluded on the unavailable goods.
Unilateral performance changes by us (such as material or production-related changes) are reasonable for the contracting party and shall become a consensual part of the contract if these are factually justified.
No transport or packaging costs are incurred by the customer if a purchase exceeds a certain limit which is stated in each case on the online platform of the HUBER Shop (e.g. €60.00). If the purchase price is lower, we may charge a reasonable transport fee which depends on the actual shipping costs and our expenses. At the moment, we do not charge any delivery fees from the customer for deliveries in the delivery area mentioned under 1.
In the event of a delivery delay, the customer has the right to withdraw from the contract, provided that the delay on our part is due to gross negligence and the customer has set out for us in writing a reasonable period of at least three weeks for a subsequent delivery.
For the return, we request that the customer use the return label attached to the order as well as the attached returns form or the sample cancellation form (Appendix ./1 of the GTC), and then send the item back to us in the original box. Neither the use of the return label, nor the return in the original box is a mandatory requirement for the effective exercise of your cancellation right.
Notwithstanding §3, we also accept returns through the simple return of the goods.
Due date, payment, default interest
Our invoices are due immediately after receipt of the invoice without deduction or, respectively, the payment is made in the course of the ordering process via the means of payment listed below. Payments are made exclusively by credit card (Visa, Mastercard), instant transfer and PayPal. We reserve the right to specify a different method of payment; this is especially true if there are doubts about the creditworthiness of the customer. Debt collection is carried out by a third party instructed by us. Default interest of 5% shall be charged in case of late payment by consumers.
In case of default, the customer undertakes to replace the dunning and collection charges incurred by us, insofar as these are necessary for the purpose-appropriate assertion of rights. Additionally, any further damages must be replaced—in particular the correspondingly higher interest rates that we incur on possible credit accounts because of non-payment—regardless of culpability in terms of the default.
Place of fulfilment, default of acceptance
The place of fulfilment is our company's place of business.
If the customer is in default of acceptance, after setting a reasonable grace period we are entitled to withdraw from the contract and to use the goods elsewhere.
Retention of title
The delivered goods remain our property until full payment of the purchase price.
The customer must immediately inform us in writing of any access by third parties to the reserved goods, in particular of any enforcement measures as well as of any damage or destruction of the goods. The customer has to inform us immediately of any change in the ownership of the goods as well as of his own change of address.
The customer has to compensate us for all damages and costs that are incurred due to a breach of these obligations and due to necessary intervention measures with respect to access to the goods by third parties.
Warranty, compensation for damages, statute of limitations, exclusion of other claims, burden of proof
Warranty: the legal warranty regulations apply.
Compensation for damages: outside the scope of the Product Liability Law (Produkthaftungsgesetz), our liability is limited to intent and gross negligence. Our liability for property and financial damages caused by slight negligence is excluded by mutual agreement.
Our verbal and written advice about the use and the application of the respective products is based on practical experience as well as on information by the user, and is made without obligation to the best of our knowledge. Liability cannot be justified either because of our instructions or a verbal consultation.
Photos, videos, logos, brochures, catalogues, samples and the like that are published on the pages of our online platform remain our intellectual property. Any use, in particular transfer, duplication or publication requires our consent.
Alternative dispute resolution
The European Commission provides a platform on the Internet for online dispute resolution under the following link: http://ec.europa.eu/consumers/odr.
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchases or service contracts in which a consumer is involved.
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
The product descriptions contained on the pages of our online platform are not binding offers, but are rather used for making binding offers via the customer. We reserve the right to take or replace products from our product range, as well as to make technical changes, until the acceptance of the customer's offer.
Claims against us—except for pure monetary claims—may be assigned only with our express written consent.
The customer waives the provision of the information as well as a contract on paper, and agrees that any (transactional) correspondence be made via the specified email address, and that information and contractual documents be provided on another durable data carrier.
Austrian substantive law applies under the exclusion of UN sales law. The language of the contract is German. The competent court at our company's place of business is the sole competent local body for decisions regarding all disputes arising from this contract. This provision does not apply to consumer contracts.
Objectively justified and reasonable changes to our performance and delivery obligations, in particular to reasonable delays in delivery on our part, are considered as approved in advance.
Our General Terms and Conditions should remain valid even if individual provisions prove to be legally ineffective.