General terms and conditions of business
The following general terms and conditions ("GTC") form the basis of all contracts for the purchase of goods/products via the website https://elero-clothing.com/ ("online shop"). Elero GmbH offers a selection of sustainably and fairly produced items which are exclusively manufactured within the EU.
The contractual partner with regard to the business relationship established through the purchase of goods/products via the online shop is, on the one hand, Elero GmbH, Theobaldgasse 15/16, 1060 Vienna, Austria, UID no.: ATU77375813, entered in the commercial register under FN 566808t (" seller" or "we") and on the other hand the customer ("customer" or "you"). Purchase contracts that are made via the online shop are concluded by the seller exclusively on the basis of the present General Terms and Conditions in the version valid at the time of the order.
The online shop is aimed exclusively at consumers. In principle, a consumer is any natural person who concludes a contract for a purpose that cannot be attributed to their commercial, business, craft or (independent) professional activity. This does not preclude the consideration of a possibly broader concept of consumer in the customer's domestic law.
Offers and service descriptions
All offers in the online shop are non-binding. The product portfolio in the online shop is intended as a general overview. The presentation of the products in the online shop does not constitute a legally binding offer, but merely an invitation to submit a contract offer. We are not obliged to conclude contracts with you via the online shop (for acceptance of the offer, see point 3.4).
Ordering process, acceptance of offer and conclusion of contract
The customer can select products from the seller's range without obligation and collect them in a digital shopping cart using the [Add to shopping cart] button. Products collected in the shopping cart do not lead to a reservation, so the availability of the products in the shopping cart can change during the ordering process. The ordering process begins as soon as the customer clicks the [CHECKOUT] button in the shopping cart and is then asked to provide the data required for the order. By clicking on the [BUY NOW] button on the respective product page, customers can optionally go directly to the ordering process.
In the first step, the customer must enter the customer data required to complete the order. The desired shipping method must then be selected. The customer must then select the desired payment method. The customer's shopping cart is displayed throughout the ordering process. Alternatively, the customer can also carry out an "express checkout" by pressing the [PayPal] button highlighted in yellow. In this case, the customer will be asked to log into her PayPal account and the rest of the order process will be processed via PayPal.
Before sending the order, the customer can change and view her data at any time using the instructions and correction aids provided. The current version of these GTC is available online and can be printed out or downloaded using the browser's print function. In this way, the customer can also print out or download the order overview before submitting the order to the seller in the last step of the ordering process.
Via the [pay now] button, the customer makes a binding offer to purchase the products in the shopping cart. After receipt of the order, we send the customer an automatically generated order confirmation by e-mail, in which the customer's order is listed again (order confirmation). The automatic order confirmation only documents that the customer's order has been received by the seller and does not constitute acceptance of the offer. If you have selected "PayPal" as the payment method and make the payment successfully, the contract is already concluded with the payment. If you have selected "credit card" as the payment method, your account will be debited at the earliest when your offer is accepted. In this case, you will be informed separately about the acceptance of your offer, specifically by a separate e-mail or by sending a shipping confirmation. You are bound by your offer for three (3) business days. We are not obliged to accept your offer.
The contract text is not stored by us. The customer must save or print out the text of the contract herself.
Registration (customer account)
The customer has the option of creating a customer account by selecting the [ACCOUNT] button in order to save entering their data for future purchases. Certain information, in particular in connection with orders placed, can also be viewed in the customer account. If the customer has created a customer account, she can access it at any time via the [ACCOUNT] button by entering her e-mail address and her personalized password. However, it is not necessary to register a customer account when placing an order.
The customer can decide at any time to order as a guest and purchase the desired products - as described under point 3 - without creating a customer account.
The customer undertakes to keep her personalized password safe and not to pass it on to third parties.
prices and shipping costs
All prices stated in the online shop are in euros and include the applicable statutory sales tax. The seller reserves the right to change prices at any time. No sales tax is charged for export deliveries to non-EU countries. The import and associated costs, such as customs tariffs to be paid, are to be handled and borne by the customer.
In addition to the stated prices, the seller calculates shipping costs for the delivery. Shipping costs are based on weight and delivery location. The shipping costs incurred for a product purchase made will be clearly communicated to the customer during the ordering process and shown separately during the ordering process. More information can be found in the online shop.
Payment modalities and late payment; coupons
The customer can choose from the available payment methods as part of and before completing the ordering process. The seller reserves the right not to offer certain of the payment options presented below in the online shop at any time. If third-party providers are commissioned to process payments, their general terms and conditions apply. Payment can be made either by "credit card" (Visa, MasterCard or American Express) or by "PayPal".
The customer can also use vouchers from the seller to pay the purchase price. For this purpose, the customer has a corresponding input field available as part of the ordering process. The voucher can only be redeemed before completing the ordering process. Subsequent settlement after the order has been placed is not possible. If a voucher is used for payment and the payment amount exceeds the value of the voucher, the customer can pay the difference using the means of payment offered. Only one voucher can be redeemed per order.
If the customer is in default of payment, the seller is entitled to demand the statutory default interest. The obligation of the customer to pay interest on arrears does not exclude the assertion of further damages by the seller.
The customer only has a right to set-off (apart from the case of the seller's insolvency) (i) insofar as it concerns a claim which is legally related to the respective liability (with which the offset is to be made), or (ii ) if their counterclaims have been legally established or have been recognized by the seller.
Delivery; delivery reservation; assumption of risk
The products are delivered to the customer exclusively to delivery addresses within Europe. Delivery to parcel shops is excluded. Costs that arise as a result of any necessary return to the seller due to entering a parcel shop address are not covered by the original shipping costs and must be borne by the customer. The customer will be given more detailed information on the shipping service providers used in each case as part of the ordering process via the online shop. Further information can be found in the online shop at [https://elero-clothing.com/pages/faq].
Unless otherwise stated in the item description, the delivery time is 3-6 working days from the sending of the order confirmation, provided that we accept your offer to conclude a contract (see point 3. ).
The risk of loss of or damage to the goods (accidental loss or accidental deterioration) in the course of shipping only passes to the customer as soon as the goods have been delivered to the customer or to a third party designated by the customer who is different from the carrier. However, if the customer has concluded the contract of carriage herself without using one of the options suggested by the seller, the risk passes to the carrier as soon as the goods are handed over.
retention of title
The delivered goods remain the sole property of the seller until the purchase price and all associated costs have been paid in full. Until then, the customer bears the full risk for any goods entrusted to her before payment of the purchase price, in particular for the risk of accidental destruction, accidental loss and accidental deterioration.
A resale before full payment is not permitted.
Right of withdrawal (withdrawal)
The customer has the right to revoke the contract concluded on the basis of these General Terms and Conditions under the conditions detailed in the following cancellation policy, provided none of the exceptions set out in point 9. (5.) apply.
Right of withdrawal (right of withdrawal)
You have the right to withdraw from this contract within fourteen (14) days without giving any reason. The cancellation period is fourteen (14) days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods (in the case of separate delivery of goods from a single order, partial shipments or delivery in pieces, the period is calculated from the day on which the last item, the last partial shipment or the last piece was taken into possession). In order to exercise your right of withdrawal, you must send us [Elero GmbH, Theobaldgasse 15/16, 1060 Vienna, Austria, UID no.: ATU77375813], e-mail: [email@example.com] by means of a clear statement (e.g. a letter sent by post or e-mail) about your decision to withdraw from this contract. To simplify processing, we ask you to use our returns center available via [https://elero-clothing.com/a/returen] to exercise your right of withdrawal. Alternatively, you can also use the attached revocation form (see point 9. [4.]), which is also not mandatory. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation (withdrawal)
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen (14) days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier. You must return the goods or hand them over to us immediately and in any case no later than fourteen (14) days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen (14) days has expired. You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Sample withdrawal form
(If you want to revoke the contract, then send us the following information)
– To Elero GmbH, Theobaldgasse 15/16, 1060 Vienna, Austria, VAT no.: ATU77375813, email: [firstname.lastname@example.org
– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if notification is made on paper)
(*) Delete where not applicable.
Exceptions to the right of withdrawal (right of withdrawal)
The right of cancellation regarding goods purchased via the online shop does not apply if
Goods are delivered that are made to customer specifications or are clearly tailored to personal needs;
sealed goods are delivered which are not suitable for return for reasons of health protection or hygiene and whose seal was removed after delivery.
Customers are asked to avoid damaging or contaminating the goods. If possible, the goods should be returned to the seller in the original packaging with all accessories. If you have damaged or soiled the goods or no longer have the accessories or the original packaging, this does not prevent you from exercising your right of withdrawal. In this case, please use suitable packaging to ensure adequate protection against transport damage.
The customer's warranty claims are based on the statutory provisions on warranty and liability for defects. To assert your warranty claims, please send an informal letter to the contact address given under point 13. (1.), whereupon the seller will get in touch with you.
Any defects that occur must be reported upon delivery or after they become visible, whereby failure to report them upon delivery or after they become visible has no effect on the customer's warranty claims.
The seller is always liable without limitation for damages that she inflicts on the customer with regard to the contractual relationship based on the present GTC, insofar as the behavior of the seller that caused the damage is based on intent or gross negligence.
The seller is liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer regularly relies. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than those specified in the preceding sentences.
The above limitations of liability do not apply in the event of injury to life, limb or health, for a defect after the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability according to product liability regulations remains unaffected.
Information on the processing of your personal data when visiting the online shop and when purchasing products can be found in the seller's data protection declaration at https://elero-clothing.com/pages/privacy-policy.
Declarations, notifications, questions, complaints and complaints of any kind should be sent to Elero GmbH, Theobaldgasse 15/16, 1060 Vienna, Austria, UID no.: ATU77375813, email: email@example.com.
Statements or communications to customers will be sent to the last known e-mail address.
Online Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
The law of the Republic of Austria shall apply to this contract and all claims arising from it. The UN sales law and all provisions that refer to the UN sales law are expressly excluded. The same applies to the reference norms of Austrian international private law.
However, the legal provisions on restricting the choice of law for consumers remain unaffected. Accordingly, the choice of law only applies insofar as the protection provided by mandatory provisions of the law of the country in which the customer usually resides is not withdrawn (principle of favourability).
Contract language is German.
Should individual provisions of these General Terms and Conditions be wholly or partially invalid, this shall not affect the validity of the remaining provisions and the contracts concluded on the basis of them.