Terms of service
TERMS OF SERVICE
On the basis of these general terms and conditions (GTC) comes between the customer (hereinafter "you, you") and
(hereinafter "we, us") the contract is concluded.
All business relationships are based on the following terms and conditions. External terms and conditions are expressly contradicted as long as we have not given express written consent. If these terms and conditions designate consumers, the relevant provisions only apply to consumers, but not to entrepreneurs. A consumer within the meaning of the KSchG is any natural person who acts for purposes that are not part of their commercial, business or professional activities. Under no circumstances can entrepreneurs refer to consumer-specific provisions within these terms and conditions.
The sale of goods and services via our online shop is regulated by the contract that comes into being. With regard to all details and specifications of the respective offer, reference is made to the product description on the product page. We strive with the utmost care to ensure that all product information, prices and legal information are always available, but we reserve the inevitable short-term unavailability due to e.g. Maintenance work before. Errors and omissions in product information and product availability are reserved. All product images are symbolic photos.
CONCLUSION OF CONTRACT
All our offers represent a non-binding invitation to submit an offer by you, are therefore subject to change and do not oblige us to perform. Order goods through the website www.fugg.ly (by clicking the "BUY NOW" button) or by email, telephone, or other communication channels, you submit a binding offer to conclude a purchase contract with us. The contract is concluded when we accept the order, either by sending an order confirmation by post, email or directly by sending the ordered goods.
Before submitting an offer, you will be informed about the technical steps that lead to the conclusion of the contract. The text of the contract (order confirmation) will be sent to you immediately, but no later than the next working day by email, and will not be saved by us afterwards. You can correct errors in the entry during the ordering process. You can do this as follows: Back button of the browser.
The ordering process for the conclusion of the contract comprises the following steps:
Selection of the offer in the desired specification (size, color, number)
Placing the offer in the shopping cart
Press the button "CHECKOUT"
Enter the billing and delivery address
Selection of the payment method
Review and processing of the order and all entries
Press the button "BUY NOW"
You will receive a confirmation email that we have received the order.
In addition to the shop system, orders can also be placed by means of remote communication (telephone / e-mail), whereby the ordering process for the conclusion of the contract comprises the following steps:
Sending the order email / order call
Confirmation email that the request has been received
Sending of offers by email
Confirmation email from you as an order confirmation
Confirmation email that the order has been received. The contract is concluded when the order confirmation is sent.
PRICES, SHIPPING CHARGES, RETURN CHARGES
The stated final price of the article does not contain any of the following components: packaging, service, delivery, shipping, customs, export and import duties. All prices are final prices and include the statutory sales tax (value added tax) and are understood to be "ex works". If export or import taxes are due in the course of shipping, these are at your expense. In addition to the final prices, there are additional costs depending on the shipping method, which are displayed before the order is sent. If there is a right of withdrawal and this is used, you bear the costs of the return. The goods must be sent in their original condition to Fuggly Fashion, Stadiongasse 5/15, 1010 Vienna, within 14 days of delivery.
You only have the following options for payment: advance transfer, payment service provider (PayPal), credit card. Further payment methods are not offered and will be rejected, but we reserve the right to introduce additional payment options in the future.
The invoice amount is due from the invoice date without deduction and must be paid within 7 days in euros to the bank account specified there after receipt of the invoice, which contains all the information about the transfer and is sent by email to the email address you provided or transfer. After expiry of the payment deadline, which is thus determined by the calendar, the legal consequences of the delay take place without a reminder. When using an escrow service / payment service provider, the escrow service / payment service provider forwards your payment to us. You can find more information on the website of the respective trustee service / payment service provider. When paying by credit card, you confirm that you are the cardholder. The credit card is charged at the earliest when the goods are dispatched.
RESERVATION OF TITLE
The goods delivered by us remain our property until the invoice has been paid in full, as well as any current account balance.
The goods will be dispatched as soon as possible after the conclusion of the contract using standard shipping methods (rail, post, etc.). The standard delivery time (i.e. the time between the conclusion of the contract and delivery of the goods) is 7-28 days. In any case, delivery takes place no later than the 30th day after receipt of the order, unless otherwise expressly stated in the item description. We send the goods either from our own warehouse as soon as the entire order is in stock or directly from the manufacturer as soon as the entire order is in stock.
If a permanent impediment to delivery results in the impossibility of delivery, in particular in the event of force majeure or failure of the manufacturer to deliver despite timely execution of a corresponding hedging transaction, we have the right to withdraw from the contract or part of it. In this case, you will be informed immediately and any services received, in particular payments, will be reimbursed to you immediately.
If it is determined after the conclusion of the contract that the goods are no longer available from us or are not available for other reasons (e.g. goods recall), you will be informed immediately. We reserve the right to offer you goods of equal quality and price. If an offer of replacement delivery is not made or if you reject it, you can withdraw from the contract. We are entitled to withdraw from the contract if you have been informed in good time that delivery is impossible.
Delivery will be made to the address you specified in the order. In the event of incorrect, unclear or incomplete information on your part, you will bear all costs incurred. In the absence of an express written agreement, all goods are deemed to have been sold "ex works" with regard to the transfer of risk, even if delivery is free to the destination or in parts. Partial deliveries are permitted if necessary, but we strive to always deliver orders in one delivery. Our information on delivery times is to be understood as approximate and therefore not binding. Claims for damages due to late fulfillment are excluded.
If you are an entrepreneur, risk and chance are transferred to you at the time the goods are handed over to the carrier. If you are a consumer, the risk of destruction and deterioration of the goods is only transferred to you as soon as they are delivered to you or to a third party other than the carrier appointed by you.
If you are in default of acceptance or if you culpably breach other obligations to cooperate, we are entitled to demand compensation for the damage we have incurred, including any additional expenses.
For consumers, the warranty period for used goods is limited to 1 year. The warranty period for entrepreneurs is 6 months, the prerequisite for this is compliance with the obligation to notify in accordance with Section 377 of the UGB. Recourse claims under Section 933 b ABGB are excluded.
Claims for damages, in particular the replacement of consequential damage or lost profit due to defective, delayed or omitted delivery, are excluded, unless otherwise for the following reasons or only exist if the damage is due to gross negligence or intent. In addition, liability is excluded in the event of slight negligence, unless one of the main performance obligations is included. In the case of personal injury, we are also liable for slight negligence. This also applies to the representatives and vicarious agents on our part if you make claims for damages against them. If you are an entrepreneur, compensation for lost profit and other consequential costs as well as indirect damage and other costs is excluded. The burden of proof for the existence of simply gross negligence lies with the person making the claim.
LANGUAGE, JURISDICTION AND APPLICABLE LAW
The contract is drawn up in German. The further implementation of the contractual relationship takes place in German. Austrian law applies exclusively to the exclusion of national and supranational reference standards (IPRG and ROM I-VO) and the UN Sales Convention (CISG). This only applies to consumers insofar as they do not restrict any statutory provisions of the state in which they have their domicile or habitual residence. The place of performance is Mondsee. If you are a consumer, the court in whose district your place of residence, your habitual abode or your place of employment is located is responsible for any legal disputes. In all other cases, the competent court for Upper Austria, the municipality of Mondsee, is agreed as the place of jurisdiction.
The ineffectiveness of a provision of these terms and conditions, as well as a future loss of effectiveness of a provision due to changes in the law has no effect on the effectiveness of the other provisions. The provisions in the GTC apply insofar as non-mandatory provisions (e.g. for consumers) contradict this.
SPECIAL PROVISIONS FOR CONSUMERS
When ordering in the online shop, the contract is concluded when our confirmation of acceptance is sent by email.
All information regarding your options for canceling your order as well as a sample form for cancellation can be found in our cancellation policy.
Our data protection declaration also forms the basis of the business relationship.