AGB

General Terms and Conditions of Business

Section A General information

 Your contractual partner for all orders in connection with the online range of products on the web page www.luisahill.com is Mag. Alexandra Hilverth, Nibelungengasse 3/11a, 1010 Wien.
All deliveries are made on the basis of the following General Terms and Conditions of Business and Delivery. These shall form the basis of all offers and agreements between Alexandra Hilverth and the customer and shall be considered as acknowledged for the duration of the entire business relationship.

Section B Conclusion of the contract

  1. The offers and goods contained on the web page constitute a non-binding request to the customer to order from Alexandra Hilverth. All offers are subject to change without notice.
  2. By sending the completed order form on the internet, the customer submits a binding offer to conclude a contract of purchase. Alexandra Hilverth shall thereupon send the customer an order confirmation by e-mail and examine whether the offer can actually be carried out.
  3. The order confirmation does not constitute an acceptance of the offer; it only serves to inform the customer that his order has been received by Alexandra Hilverth. The contract is only concluded when Alexandra Hilverth has sent the ordered product to the customer.
  4. The language of the contract is German.

Section C Delivery / Dispatch

  1. Delivery shall be effected within three weeks at the latest. The goods are generally dispatched within a few days. Delivery dates and times for delivery are only binding if expressly confirmed as such by Alexandra Hilverth in writing.
  2. Delivery shall be made within the EU. Other countries on enquiry.
  3. Delivery shall be effected by a delivery service to be selected by Alexandra Hilverth.
  4. If, in exceptional cases, delivery should not be possible within the period of three weeks after conclusion of the contract named in (1.), Alexandra Hilverth shall immediately notify the customer of this circumstance in text form no later than after the period has expired and at the same time state the expected date of delivery.

Section D Prices

  1. The prices indicated contain the statutory VAT.
  2. Shipping costs shall be charged separately according to the value of the order and the place to which delivery is to be made. The current shipping prices can be seen under www.luisahill.com .
  3. The purchase price and the shipping costs shall be due without deduction immediately upon conclusion of the contract.

Section E Payment

  1. According to the customer’s choice, payment shall be made in advance, by credit card or by other payment methods offered by Alexandra Hilverth, e.g. PayPal or COD. Alexandra Hilverth reserves the right to restrict the payment options the customer can choose depending on the value of the order, the shipping region or other factual criteria.
  2. If the method of payment chosen by the customer is not practicable despite Alexandra Hilverth’s proceeding in accordance with the contract, in particular because the customer’s account cannot be debited for lack of funds or because erroneous data were indicated, the customer shall reimburse Alexandra Hilverth or the third party she has entrusted with the handling of the transaction for the resultant additional costs.
  3. Alexandra Hilverth is authorised to use the services of trustworthy third parties for the handling of the payment.

Section F Reservation of title

Alexandra Hilverth shall retain title to the goods until the claims to which Alexandra Hilverth is entitled are settled. The customer shall handle the goods with care until title has passed to him.

Section G Label of quality

  1. Every individual article of clothing is subjected to a careful quality check when packed, so that damage, soiling or anything similar on the part of Alexandra Hilverth can be excluded.After the quality check, the “label of quality” is issued and attached to the goods with a plastic thread.
  2. The label of quality is a label with the following text:
    The label of quality is your guarantee of our high-quality goods. We ask you to bear in mind that goods cannot be returned or exchanged if the label of quality has been removed.
  3. If the label of quality is no longer attached to the goods as it was when upon delivery, the statutory right of withdrawal shall no longer apply.

Section H Guarantee

Specifications, drawings, illustrations, technical data, descriptions of weights, measures and performance contained on the web page www.luisahill.com or in brochures, catalogues, circulars, advertisements or price lists are only for the purpose of information. Alexandra Hilverth assumes no responsibility for the correctness of these data. The type and scope of the shipment shall be exclusively governed by the details contained in the order confirmation.
  1. If the guarantee obligation has been fulfilled by way of a replacement delivery, the customer undertakes to return the goods first supplied to Alexandra Hilverth within 30 days. The defective goods shall be returned in accordance with the statutory provisions. Alexandra Hilverth reserves the right to claim damages in the circumstances regulated by law.
  2. The customer shall, if possible give notice of occurring defects upon delivery and/or after they become visible. Failure to do so shall have no adverse legal consequences for a customer who is a consumer within the meaning of the KSchG [Austrian Consumer Protection Act]. If the customer is an entrepreneur within the meaning of the KSchG, he shall inspect the goods delivered or the service rendered for completeness, correctness and other freedom of defects immediately after receipt and give notice in writing of any defects immediately, but no later than five working days after receipt of the goods or service, failing which he shall lose all claims for defects recognisable in an inspection in due form.
  3. If the customer is a consumer within the meaning of the KSchG, the statutory guarantee provisions shall apply.

Section I Right of withdrawal up to two weeks, exclusion of the right of withdrawal

  1. If the customer is a consumer, he shall be entitled to a right of withdrawal.

Notification of the right of withdrawal

Right of withdrawal

You can withdraw your contractual declaration within 14 days without stating grounds in text form (e.g. letter, fax, e-mail) or - if the object is relinquished to you before the term expires - by returning the object. The period shall begin after receipt of this notification in text form, but not before receipt of the goods by the recipient and also not before the obligation to inform on the part of Alexandra Hilverth has been fulfilled. The timely dispatch of the withdrawal or the object shall suffice to comply with the withdrawal period.
The withdrawal shall be directed to: Alexandra Hilverth, Nibelungengasse 3/11a, 1010 Wien, or to the e-mail address: office@luisahill.com

Consequences of withdrawal

In the event of an effective withdrawal, the performances received on both sides shall be returned. If you are wholly or partially unable to return the performance received or only in deteriorated condition, you must where required provide compensation for value in this respect. If objects are relinquished, this does not apply if the deterioration of the object is exclusively ascribable to its examination - e.g. such as you could have carried out in a retail shop. Moreover, you can avoid the duty to provide compensation for value because of a deterioration of the object as a consequence of its intended use (i.e. use only for the purpose for which the respective product is designed and intended) by not using the item as your property and refraining from everything that affects its value.
The customer can try the goods on to examine them, but goods that were washed/cleaned, perfumed or stained or from which the label of quality was removed will not be taken back and/or the customer must provide compensation for value.
Objects that can be dispatched as parcels shall be returned at the customer’s risk and expense. If the customer is a German consumer, the return shall be made at the expense and risk of Alexandra Hilverth. In case of a dispute, the customer must prove the return of the goods by a written shipping document. Besides the goods, the packaging shall also be returned to Alexandra Hilverth. The packaging used by Alexandra Hilverth constitutes a special form of shipment and must be considered as a unit along with the article of clothing sent and therefore be returned. Obligations to refund payments must be fulfilled within 30 days. For you, the period of time shall start with the sending of your declaration of withdrawal, for Alexandra Hilverth with the receipt of the declaration of withdrawal and of the object.

End of the notification of the right of withdrawal

Section J Technical and artistic deviations

In fulfilling the contract, Alexandra Hilverth expressly reserves the right to deviate from the descriptions and data in the brochures, catalogues and other written and electronic documentations, e.g. www.luisahill.com or www.facebook.com/luisahill with respect to colour, weight, dimension, design or similar characteristics insofar as these are reasonable for the customer. Reasonable grounds for changes can result from fluctuations customary in the trade and technical production processes as well as natural property and condition.

Section K Limitation of liability

  1. Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology . Alexandra Hilverth is therefore not liable for the permanent and uninterrupted availability of the online range of products.
  2. Moreover, Alexandra Hilverth’s liability shall be governed by the statutory provisions, unless these General Terms and Conditions of Business provide otherwise. Alexandra Hilverth shall be liable for damages without limitation as a result of any cause in law only in the event of wilful intent and gross negligence. In addition, Alexandra Hilverth shall be liable without limitation in the event of simple negligence for damages from harm to life, body or health. In case of simple negligence and the breach of an important contractual obligation (cardinal obligation), Alexandra Hilverth’s liability is limited to the compensation of the foreseeable damage typically occurring. Liability under the Product Liability Act shall remain unaffected by the preceding provisions.
  3. Insofar as Alexandra Hilverth’s liability is excluded or restricted in these General Terms and Conditions of Business, this shall also apply to the personal liability for damages of Alexandra Hilverth’s employees, staff, representatives and agents.

Section L Data protection

  1. Alexandra Hilverth shall process the customer’s personal data only for the intended purpose and in compliance with the statutory provisions. The personal data (e.g. name, e-mail address, address, payment data) given for the purpose of ordering shall be used by Alexandra Hilverth to fulfil and process the contract. These data shall be treated confidentially by Alexandra Hilverth and not disclosed to third parties who are not involved in the ordering, delivery and payment process. The customer shall have the right to receive information about the personal data stored by Alexandra Hilverth concerning him on request and free of charge. He additionally has the right to the correction of erroneous data, blocking and deletion of his personal data unless a statutory safekeeping obligation provides otherwise.

Section M Place of jurisdiction - place of performance - choice of law

  1. The place of performance for all deliveries is Vienna.
  2. If the customer is an entrepreneur, the place of jurisdiction shall be Vienna. In this case, Alexandra Hilverth is also entitled to sue the customer at the court of his residence according to Alexandra Hilverth’s choice. This applies accordingly for the case that the customer does not have a general place of jurisdiction in Austria, moves his residence or usual abode from Austria after the contract was concluded or if his residence or usual abode is unknown when the suit is brought.
  3. The contract in accordance with these General Terms and Conditions of Business shall be exclusively governed by Austrian law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. Insofar as the customer is a consumer and has his usual abode outside of Austria, mandatory provisions of this country shall remain unaffected.

Status as of: March 2012