Terms and Conditions
Monika Ploner – RE-MIX Vintage Shoes
(hereafter: RE-MIX Vintage Shoes)
Monika Ploner
Haspingerstrasse 1
6020 Innsbruck
Austria
Object of the company: Retail sale of shoes
UID/VAT-number: ATU74152007
Phone.: +43-699-10669257
E-Mail: shop@remixshoes.eu
Member of: Chamber of Commerce Tyrol (WKO), Trade Division; Entry at the WKO
Professional right: Trade regulation: www.ris.bka.gv.at
1. Validity
The deliveries, services and offers of RE-MIX Vintage Shoes are made exclusively on the basis of these General Terms and Conditions; RE-MIX Vintage Shoes does not acknowledge any conditions of the customer that conflict with or deviate from these terms unless they have been expressly approved. Performance of RE-MIX Vintage Shoes does not constitute acceptance of any terms and conditions that deviate from these terms.
2. Order and Conclusion of Contract
2.1 The presentation of the goods in the webshop does not constitute a binding offer of RE-MIX Vintage Shoes to conclude a sales contract. The customer is hereby merely requested to make an offer by placing an order
2.2 The order is made in the following steps:
2.2.1 Selection of the desired goods
2.2.2 Entering the registration data for the registration in the webshop (first name, last name, street and house number, zip code, city, country, e-mail address), after the initial registration only e-mail address and password are required for re-registering
2.2.3 Display of pre-contractual information for consumers according to § 5a KSchG and § 4 FAGG
2.2.4 Choice of shipping method and method of payment (advance payment)
2.2.5 Checking the details in the shopping cart
2.2.6 Confirmation by clicking on the button “order to pay”
2.2.7 Re-examination and, if necessary, correction of the respective data entered
2.2.8 Binding dispatch of the order
2.2.9 By submitting the order in the webshop, the customer makes a binding offer, directed to the conclusion of a purchase contract for the goods contained in the shopping cart. By submitting the order, the customer acknowledges the pre-contractual information for consumers and these terms and conditions as the sole legal relationship with RE-MIX Vintage Shoes alone.
2.2.10 RE-MIX Vintage Shoes confirms the receipt of the customer’s order by sending a confirmation e-mail. This order confirmation does not yet constitute acceptance of the contract offer by RE-MIX Vintage Shoes. It is for the sole purpose of informing the customer that the order has been received by RE-MIX Vintage Shoes. The declaration of acceptance of the contract offer is made by the delivery of the goods or an express declaration of acceptance.
3. Right of withdrawal of the consumer according to § 11 FAGG
3.1 The customer, who is a consumer within the meaning of the Consumer Protection Act (KSchG), may withdraw from a contract concluded outside the business premises of RE-MIX Vintage Shoes or a distance selling contract – unless a statutory exception applies – within fourteen working days.
3.2 The withdrawal period is fourteen calendar days. It starts with contracts for the supply of goods from the day on which the customer or a third party designated by him, who is not the carrier, has taken possession of the goods. In the case of a contract for several goods ordered in a single order and delivered separately, from the day on which the customer or a third party appointed by him, who is not the carrier, has taken possession of the last goods. It is sufficient if the customer has sent the resignation within the deadline. Excluded from the withdrawal period are customers from non EU countries.
3.3 The declaration of withdrawal can also be made electronically by means of a sample withdrawal form, available at (see HERE).
3.4 If the customer withdraws from the contract, then step by step
3.4.1 the customer has to return the goods received and pay RE-MIX Vintage Shoes a reasonable fee for the use and / or compensation for any reduction in the general value of the goods and
3.4.2 RE-MIX Vintage Shoes has to reimburse the payments made by the customer minus delivery charges and to replace the necessary and useful expenditure made by the customer on the matter.
3.4.3 The customer has to bear the direct costs of the return himself.
3.4.4 When paying with PayPal, the transaction fee (approx. € 7 per pair) will be deducted from the refundable amount, since PayPal also retains this fee for returns.
3.4.5 Returns/exchanges from non-EU countries are not accepted unless the customer agrees to pay for any fees.
3.4.6 Shoes reduced because of declared flaws cannot get returned.
4. Prices, method of payment, shipping and costs
4.1 The prices are listed on the homepage of the webshop for each article. Prices quoted by RE-MIX Vintage Shoes as well as the shipping costs are total and include the sales tax of the relating EU-countries except for orders from Great Britain, Norway and Switzerland.
4.2 The available payment methods are shown in the online shop. Unless otherwise stated, the goods must be paid in advance.
4.3 Shipping costs are incurred, provided that the product in question is not shown as free shipping. The shipping costs are shown separately on offers, in the shopping cart system and on the order summary.
4.4 Shipments will only be made to the EU-countries Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden as well as to the United Kingdom, Norway and Switzerland. For all other countries, please contact RE-MIX Vintage Shoes via email.
5. Gift Certificates
RE-MIX Vintage Shoes’ gift certificates are valid for 5 years from purchase, redeemable online and can be used for full payment or partial payment of merchandise. Any remaining credit balance will be considered by means of a new gift certificate. Cash payment or exchange for cash is excluded. If the gift certificate is lost, no replacement will be made. Refunds for purchases paid for with gift certificates are made with gift certificates.
6. Exchange
An exchange is possible, if the customer communicates a return or exchange to RE-MIX Vintage Shoes stating the order number within 2 weeks after delivery and returns the goods unused and in the original box within 3 weeks after delivery. The costs for the return are to be borne by the customer. A refund will be made after delivery of the goods at RE-MIX Vintage Shoes. An exchange for more expensive goods takes place step by step. Returns/exchanges from non-Eu countries are not accepted unless the customer agrees to pay for any fees. Shoes reduced because of declared flaws cannot get returned.
7. Delivery conditions
RE-MIX Vintage Shoes is only required to perform the service if all obligations by the customer have been fulfilled. Unless otherwise stated in the order confirmation, RE-MIX Vintage Shoes will ship the goods within 2 business days after receipt of payment. RE-MIX Vintage Shoes is entitled to exceed the agreed dates and delivery times by up to one week. Only after this period has expired, the customer is entitled to withdraw from the contract after setting a reasonable grace period.
8. Minor performance changes
Minor or other changes to the service or delivery obligation that are reasonable for the customer are deemed to be approved in advance. This applies in particular to deviations caused by the goods (eg dimensions, colors, wood appearance, grain and structure etc). Contractual provisions under which RE-MIX Vintage Shoes can unilaterally alter or derogate from a service to be provided are not binding on the consumer unless the change or deviation is reasonable for the consumer, especially because it is minor and objectively justified, unless RE-MIX Vintage Shoes can prove that such a settlement has been negotiated in detail.
9. Compensation
All claims for damages are excluded in cases of slight negligence. This does not apply to personal injury or – in the case of consumer transactions – for damage to items taken over for processing. The existence of slight or gross negligence, unless it is a consumer business, has to be proved by the injured party. The provisions on damages contained in these General Terms and Conditions or otherwise agreed apply even if the claim for damages is asserted in addition to or instead of a warranty claim.
10. Right of withdrawal of RE-MIX Vintage Shoes / unjustified withdrawal of the customer
For important reasons, such as in case of late payment by the customer, RE-MIX Vintage Shoes is entitled to withdraw from the contract, provided that it has not been completely fulfilled by both parties. In the event of late payment by the customer, RE-MIX Vintage Shoes is released from all further performance and delivery obligations and is entitled to withhold outstanding deliveries or services and to demand advance payments or seizures or to withdraw from the contract after setting a reasonable period of grace. If the customer withdraws from the contract without being entitled to do so, or if he desires his cancellation, then RE-MIX Vintage Shoes has the choice of insisting on the fulfillment of the contract or agreeing to the cancellation of the contract; in the latter case, the customer is obligated, at the option of RE-MIX Vintage Shoes, to pay for compensation a lump-sum amounting to 15% of the gross invoice amount or the actual damage incurred.
11. Privacy
RE-MIX Vintage Shoes and the customer are obliged to comply with the provisions of the Data Protection Act (DSG), the Basic Data Protection Regulation (DS-GVO) and any other statutory confidentiality obligations. RE-MIX Vintage Shoes processes the necessary personal data for the purpose of fulfilling the contract. The detailed data protection information can be found on our homepage at: Data Protection
12. Change of address and copyright
The customer is obliged to announce changes to his residential or business address to RE-MIX Vintage Shoes, as long as the contractual transaction is not completely mutually fulfilled. If the announcement is omitted, explanations shall be deemed to have been received even if they are sent to the last known address. Plans, sketches or other technical documents, as well as samples, catalogs, brochures, illustrations and the like, remain the intellectual property of RE-MIX Vintage Shoes; the customer does not receive any kind of use or exploitation rights.
13. Place of performance, contract language, choice of law, place of jurisdiction
Place of performance is the registered office of RE-MIX Vintage Shoes. The contract language is German. The contracting parties agree on Austrian domestic jurisdiction. If it is not a consumer business, all disputes arising from this contract shall be settled exclusively by the competent court at the registered office of RE-MIX Vintage Shoes. Substantive Austrian law is applicable to this contract to the exclusion of the reference norms of the international private law (eg EVÜ, ROM I-VO) and the UN sales law. This choice of law applies to a consumer only to the extent that it does not restrict any mandatory statutory provisions of the state in which he has his domicile or habitual residence.
14. Partial nullity
Should provisions of this contract be legally ineffective, invalid and/or void or become so in the course of their duration, this does not affect the legal validity and the validity of the remaining provisions. The contracting parties undertake in this case to replace the legally ineffective, invalid and/or void (invalid, invalid and/or void) provision by one that is legally effective and valid and corresponds in its economic effect of the replaced provision as far as possible and legally permissible.
15. Final provisions
All declarations of a legally binding nature based on this contract must be made in writing to the last notified address of the other contracting party. If a declaration is sent to the last address given in writing, this is deemed to have been received by the respective contracting party. The title of the headings chosen for the individual chapters is solely for the sake of clarity and therefore cannot be used to interpret this contract. The assignment of individual rights and obligations from these terms and conditions is only permitted with the express written consent of the other contracting party.
16. Approval according to § 107 TKG
The customer agrees to receive from RE-MIX Vintage Shoes or from companies commissioned by RE-MIX Vintage Shoes messages within the meaning of § 107 Telecommunications Act (TKG) for advertising purposes. This consent can be revoked by the customer at any time at monika@remixshoes.eu.
