General Terms and Conditions

Table of Contents

  • 1. Scope of Application
  • 2. Conclusion of Contract
  • 3. Right of Withdrawal (Cancellation Right)
  • 4. Prices and Payment Terms
  • 5. Delivery and Shipping Terms
  • 6. Retention of Title
  • 7. Warranty
  • 8. Liability
  • 9. Applicable Law
  • 10. Information on Online Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter “GTC”) of Popp & Kretschmer Modehandels GmbH, Kärntnerstraße 51, 1010 Vienna (hereinafter “Seller”), apply to all contracts concluded between a consumer or entrepreneur (hereinafter “Customer”) and the Seller regarding goods and/or services presented in the Seller’s online shop. Any conflicting terms of the Customer are hereby rejected, unless expressly agreed otherwise.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity acting in the course of its business activities. Legal entities under public law are always considered entrepreneurs.

2) Conclusion of Contract

2.1 The product descriptions in the seller’s online shop do not constitute binding offers but are intended to invite the customer to submit a binding offer.

2.2 The customer may submit an offer using the seller’s integrated online order form. After placing the selected items in the virtual shopping cart and completing the electronic order process, the customer submits a legally binding offer by clicking the button that completes the order process.

2.3 The seller may accept the customer’s offer within five days:

  • by sending the customer a written order confirmation or an order confirmation in text form (fax or email), in which case the receipt of the order confirmation by the customer is decisive, or
  • by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or
  • by requesting payment from the customer after the order has been placed.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of these alternatives occurs first. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the effect that the customer is no longer bound by their declaration of intent.

2.4 The period for accepting the offer begins on the day after the customer has sent the offer and ends at the close of the fifth day following the dispatch of the offer.

2.5 When submitting an offer via the seller’s online order form, the contract text is stored by the seller and sent to the customer after the order has been placed, together with these terms and conditions, in text form (e.g. by email, fax, or letter). After submitting the order, the customer can also access the contract text via their customer account.

2.6 When submitting an offer via the seller’s online order form, the contract text is stored by the seller and sent to the customer after the order has been placed, together with these terms and conditions, in text form (e.g. by email, fax, or letter). In addition, the contract text is archived on the seller’s website and can be accessed by the customer free of charge via their password-protected customer account, provided the customer created an account in the seller’s online shop before submitting the order.

2.7 German and English are available for the conclusion of the contract.

2.8 Order processing and communication generally take place via email and automated order handling. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with order processing can be delivered.

3. Right of Withdrawal (Cancellation Right)

3.1 Consumers with their residence or habitual abode within the EU generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller’s withdrawal policy.

4. Prices and Payment Terms

4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include statutory value-added tax. Any additional delivery and shipping costs that may apply are specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases that are beyond the seller’s control and must be borne by the customer. These include, for example, fees for money transfers through credit institutions (e.g. transfer or exchange rate fees) or import duties and taxes (e.g. customs duties). Such costs may also apply to money transfers if the delivery itself is not made to a country outside the European Union but the payment is made from a country outside the European Union.

4.3 The customer has various payment options available, which are specified in the seller’s online shop.

4.4 If advance payment has been agreed, payment is due immediately after conclusion of the contract.

4.5 Product prices are subject to change. Please check the final price before placing your order.

5) Liefer- und Versandbedingungen

5.1 Unless otherwise agreed, goods shall be delivered by mail to the delivery address specified by the customer. The delivery address specified in the seller’s order processing shall be decisive for the transaction.

5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs of the unsuccessful shipment. This shall not apply if the customer effectively exercises their right of withdrawal, if they are not responsible for the circumstance that led to the impossibility of delivery, or if they were temporarily prevented from accepting the service offered, unless the seller had given them reasonable advance notice of the service.

5.3 If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier, or any other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall generally only pass to the customer or an authorized recipient upon delivery of the goods. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold shall also pass to the customer in the case of consumers as soon as the seller has delivered the goods to the forwarding agent, the carrier, or any other person or institution designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier, or any other person or institution designated to carry out the shipment, and the seller has not previously named this person or institution to the customer.

5.4 In the case of self-collection, the seller shall first inform the customer by email that the goods ordered by them are ready for collection. After receiving this email, the customer can collect the goods from the seller’s premises by arrangement with the seller. In this case, no shipping costs will be charged.

6) Retention of title

6.1 The seller retains ownership of the delivered goods until the purchase price owed has been paid in full by the consumer.

6.2 The seller reserves title to the delivered goods vis-à-vis entrepreneurs until all claims arising from an ongoing business relationship have been settled in full.

6.3 If the customer is acting as an entrepreneur, they are entitled to resell the goods subject to retention of title in the ordinary course of business. The customer assigns all claims against third parties arising from this in advance to the seller in the amount of the respective invoice value (including sales tax). This assignment applies regardless of whether the goods subject to retention of title have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The seller’s authority to collect the claims itself remains unaffected. However, the seller will not collect the claims as long as the customer meets its payment obligations to the seller, is not in default of payment, and no application for the opening of insolvency proceedings has been filed.

7) Warranty

The products are clearly presented on the website and correspond to reality. However, the seller is unable to guarantee that the images and colors displayed on the customer’s screen will correspond exactly to reality, particularly with regard to color and material properties. This may be influenced by the browser and monitor used.

If the purchased item is defective, the provisions of the statutory warranty apply. Notwithstanding this, the following applies:

7.1 For businesses

  • a minor defect does not generally give rise to warranty claims.
  • the seller has the choice of how to remedy the defect;
  • for new goods, the limitation period for defects is one year from the transfer of risk;
  • In the case of used goods, rights and claims due to defects are generally excluded.
  • the limitation period does not start again if a replacement delivery is made under the warranty.

7.2 The limitations of liability and reductions in the limitation period set out above shall not apply

  • for damages resulting from injury to life, limb, or health based on an intentional or negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative or vicarious agent of the seller,
  • for other damages resulting from an intentional or grossly negligent breach of duty by the seller or from an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the user, as well as
  • in the event that the seller has fraudulently concealed the defect.

Furthermore, entrepreneurs are subject to the obligation to give notice of defects pursuant to Section 377 of the Austrian Commercial Code (UGB), otherwise they can no longer assert claims for warranty, compensation for the defect itself, or for an error regarding the defect-free nature of the item.

7.3 Handelt der Kunde als Verbraucher, so wird er gebeten, angelieferte Waren mit offensichtlichen Transportschäden bei dem Zusteller zu reklamieren und den Verkäufer hiervon in Kenntnis zu setzen. Kommt der Kunde dem nicht nach, hat dies keinerlei Auswirkungen auf seine gesetzlichen oder vertraglichen Mängelansprüche.

The seller is in any case entitled to refuse the return of products without an intact security tag or of products that have been altered in appearance, washed, used, or damaged.

8) Liability

The seller is liable to the customer for all contractual, quasi-contractual, and statutory, including tortious, claims for damages and reimbursement of expenses as follows:

8.1 The seller is liable without limitation on any legal grounds

  • in cases of intent or gross negligence,
  • in the event of intentional or negligent injury to life, body, or health.

8.2 If the seller negligently breaches an essential contractual obligation, liability is limited to the typical, foreseeable damage, unless unlimited liability applies in accordance with the preceding clause. Essential contractual obligations are those duties which the contract imposes on the seller in order to achieve the contractual purpose, the fulfillment of which enables the proper execution of the contract in the first place and on whose observance the customer may regularly rely.

8.3 Apart from this, any liability of the seller is excluded.

8.4 The above liability provisions also apply with regard to the seller’s liability for its vicarious agents and legal representatives.

9. Applicable Law / Jurisdiction

9.1 All legal relationships between the parties are subject to the laws of the Republic of Austria, excluding the provisions of the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as the protection granted by mandatory legal provisions of the country in which the consumer has their habitual residence is not withdrawn.

9.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who, at the time of conclusion of the contract, are not citizens of a member state of the European Union and whose sole place of residence, habitual abode, and delivery address are outside the European Union at that time.

9.3 If the customer is an entrepreneur as defined in section 1.2, the exclusive place of jurisdiction shall be the location of the seller’s registered office. For customers who are consumers, the following applies: for actions brought by the entrepreneur against the consumer or by the consumer against the entrepreneur, the place of jurisdiction is the consumer’s residence if the consumer resides within the EU but not in Austria. If the consumer resides or habitually lives in Austria, they may only be sued before the court in whose district their residence or habitual abode is located; in this case, the entrepreneur may only be sued by the customer at the entrepreneur’s registered office, unless another place of jurisdiction is prescribed by law.