Terms of service
GENERAL TERMS AND CONDITIONS
Status: 21.01.2024
1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the
Lovers Club Clothing OG
Guglgasse 8/1/32, 1110 Wien
support@loversclubclo.com
Tel: +43660 7300177
apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the Seller's goods and services. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
A consumer is any natural person who enters into a transaction that is not part of the operation of their business. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity. Public limited companies, limited liability companies, commercial and economic cooperatives, mutual insurance associations, savings banks, European Economic Interest Groupings (EEIG), European Companies (SE) and European Cooperatives (SCE) are entrepreneurs by virtue of their legal form.
2) Conclusion of contract
2.1 The product descriptions contained in the Seller's online store do not constitute binding offers on the part of the Seller, but serve to submit a binding offer by the Customer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online store. After configuring the selected goods or services and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods or services contained in the shopping cart by clicking the button that concludes the ordering process. The customer can also place the order by email. After receipt of his order, the customer receives a separate, automated confirmation of receipt of his order(s). Such confirmation does not constitute acceptance of the offer.
2.3 If, during the online ordering process, the Customer selects a payment method by clicking on the button closing the order process and at the same time sends a payment order to his payment service provider to transfer the money directly to the Seller's account, the Seller declares acceptance of the Customer's offer at the time when the money is received in the Seller's account.
2.4 When submitting an offer via the Seller's online order form, the text of the contract is stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after sending the Customer's order. If the Customer has set up a user account in the Seller's online shop before submitting his order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via his password-protected user account with the corresponding login data.
2.5 The English language is available for the conclusion of the contract.
2.6 The order processing and contacting usually take place by e-mail and automated order processing. The Customer must ensure that the e-mail address provided by him for the order processing is correct, so that the e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by a third party commissioned by the Seller with order processing can be delivered.
2.7 In case of agreed self-collection, the Customer shall be informed by the Seller that the goods ordered by him are ready for collection. Upon receipt of this e-mail, the Customer may collect the goods at the Seller's registered office or at an agreed place. In this case, no shipping costs will be incurred.
- Withdrawal of the contract
3.1 In principle, consumers resident in the EU have a right of withdrawal when concluding a distance contract.
A distance contract is a contract between the seller and a consumer which is used without the simultaneous physical presence of the seller and the consumer, whereby, up to and including the conclusion of the contract, only means of distance communication (fax, internet, telephone) are used.
You have the right to withdraw from this contract within fourteen days without giving reasons.
The withdrawal period is fourteen days and starts from the day on which you or a third party designated by you, who is not the carrier, took possession of the goods or, in the case of partial deliveries, the last goods.
Lovers Club Clothing OG
Guglgasse 8/1/32, 1110 Wien
Email: office@loversclubclo.com
Tel: +43 660 7300177
In order to exercise your right of withdrawal, you must inform us by means of a clear statement (by e-mail) of your decision to withdraw from this contract.
To comply with the withdrawal period, it is necessary for you to send the notification of the exercise of the right of withdrawal before the withdrawal period expires.
3.2 Consequences of resignation
If you withdraw from this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of any additional costs resulting from your choosing a different type of delivery from the most favourable standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we receive notification of your withdrawal from this contract. For this refund, we will use the same method of payment that you used for the original transaction.
Under no circumstances will you be charged any fees for this refund. We may refuse the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You bear the direct costs of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary to examine the nature, characteristics and functioning of the goods.
3.3 Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply to consumers who are not resident in the EU.
Furthermore, the right of withdrawal does not apply to goods that are manufactured according to customer specifications or are clearly tailored to personal needs.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller's product and service description, the prices quoted are total prices, which include the statutory VAT, but not the shipping costs. By entering the recipient address in the ordering process, the shipping costs are calculated.
4.2 Als Zahlungsart bietet der Verkäufer im Onlineshop Kreditkartenzahlung, Pay Pal, Apple Pay, Google Pay, Bancontact, eps-Überweisung, Ideal, Klarna Rechnung und Klarna Sofort an.
5) Retention of title/rights
5.1 In relation to its customers, whether consumers or companies, the Seller retains ownership of the goods provided until full payment of the purchase price due.
5.2 All rights, such as copyrights and performance rights to the goods do not transfer to the customer with the sale.
5.3 The Customer shall indemnify the Seller against claims of third parties that may be asserted against the Seller in connection with an infringement of their rights by the Seller's contractual use of the Customer's Content. The customer shall also bear the necessary reasonable costs of legal defence, including all court and attorney fees in the statutory amount. This does not apply if the Customer is not responsible for the infringement.
6) Delivery and shipping conditions
6.1 The delivery of goods takes place by dispatch to the delivery address specified by the customer.
6.3 If the Seller incurs additional costs due to the indication of an incorrect delivery address or a wrong addressee or other circumstances leading to the impossibility of delivery, the Customer shall reimburse these costs, unless the Customer is not responsible for the incorrect indication or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, provided that the seller has given him adequate notice of the service in advance, unless the customer declares that the consumer is entitled to withdraw.
6.4 If delivery is delayed due to force majeure (e.g. pandemic, strike, storm, catastrophe, war, etc.), the delivery period is extended by the duration of the delay caused by this. Any resulting claims for damages are excluded. In the case of customers who are entrepreneurs, this also applies if the delay in delivery occurs for other reasons attributable to the suppliers. The legal right of the customer to withdraw by setting a reasonable grace period remains unaffected in any case.
7) Warranty/liability
7.1 The provisions of the statutory warranty apply.
The Seller is liable for the fact that the goods have the objectively required characteristics in addition to the contractually agreed characteristics. This does not apply to the extent that the consumer expressly and separately consents to the deviation of a particular feature from the objectively required characteristics at the conclusion of the contract, which he does by placing his order after he has been specifically informed of this deviation in the product description.
A liability of the seller is excluded for slight negligence, insofar as it is not a matter of personal injury. These liability regulations also apply with regard to the liability of the Seller for its vicarious agents and legal representatives.