TERMS AND CONDITIONS (GTC)

GENERAL TERMS AND CONDITIONS (GTC) - STAPF E-COMMERCE SHOP 

  1. General 

1.1. Stapf GmbH, Michael-Pacher-Straße 13, 6300 Wörgl (Austria) is a provider of women's, men's and children's clothing and accessories (hereinafter the "goods") of the STAPF brand. The goods can be purchased online via the STAPF e-commerce shop (www.stapf.at). 

1.2. The range of goods in the STAPF e-commerce shop is aimed exclusively at consumers. By using the online shop, the customer warrants that they are a consumer within the meaning of the Austrian Consumer Protection Act (KSchG). 

1.3. All contracts between Stapf GmbH and the customer that are concluded and processed via the STAPF E-Commerce Shop are based exclusively on these General Terms and Conditions (henceforth: General Terms and Conditions). By placing an order, the customer accepts these General Terms and Conditions that were previously made known to him. Any application of other terms and conditions is hereby expressly contradicted by Stapf GmbH. 

1.4. Before placing an order for the first time, the customer can choose whether or not to create an e-commerce shop account for ongoing orders. However, not creating an account is only advisable for a one-off order. In any case, the customer must register. For this purpose, the customer must enter all data required in the input mask of the e-commerce shop (in particular name, billing address, delivery address, email address) completely and truthfully. If the customer does not create an account, no user ID and password will be assigned. The data required for registration - even one-time - is necessary for Stapf GmbH in order to be able to properly carry out the customer's order in the online shop 

1.5. When creating an account, the customer undertakes to keep his account details up to date and to make any necessary changes and adjustments immediately. Furthermore, the customer must specify his personal login data (user ID and password). After submitting this data, the customer will receive an email confirming receipt of their data and completion of registration. By entering their personal login details, the customer can access their personal e-commerce shop account and retrieve all order data from the last 24 months at any time. 

1.6. The customer must ensure that the email account stored in his account can be reached at all times and the customer expressly agrees that communication between Stapf GmbH and the customer takes place exclusively by email. All letters sent by Stapf GmbH to the email address provided by the customer are deemed to have been received by the customer. Furthermore, the customer must protect his personal login data from misuse by third parties and must not pass them on to third parties. Stapf GmbH is not liable for damage caused by misuse of the login data by third parties. 

1.7. The customer can have the account he has created deleted at any time within the framework of the rights of those affected by the General Data Protection Regulation (GDPR). To do this, the customer can either delete it in their own account or have it deleted by Stapf GmbH. To do this, you must contact STAPF GmbH, for example by email. 

1.8. Goods are only sold to customers in normal household quantities. This refers both to the number of products ordered within one order and to the timely placing of multiple orders of the same product, where the individual orders contain a standard household quantity. Stapf GmbH expressly reserves the right to reject orders that do not meet these criteria. 

  1. conclusion of contract 

2.1. The presentation of goods in the STAPF e-commerce shop merely represents a non-binding invitation from Stapf GmbH to order goods in the STAPF online shop. Point 8. Warranty is expressly referred to in terms of color and material quality. 

2.2. By sending the order to Stapf GmbH, the customer makes a binding offer to conclude a purchase contract for the ordered goods. The customer then immediately receives an automatically generated email with which Stapf GmbH confirms that the order was recorded and registered electronically. In any case, this order confirmation email does not constitute acceptance of the customer's offer. 

2.3. The purchase contract for the ordered goods is only concluded when Stapf GmbH sends an invoice, the goods or a shipping and order confirmation with the contract contents to the customer. 

2.4. Stapf GmbH is not obliged to accept orders. If an order is not accepted, the customer will be informed by email within 7 days. In any case, the customer has no right to conclude a contract for the goods ordered by the customer. 

  1. Delivery and shipping costs 

3.1. Unless otherwise agreed, the goods are delivered as an insured mail order from the headquarters of Stapf GmbH to the delivery address specified by the customer. 

3.2. In the STAPF e-commerce shop, the customer can find information about the availability of products. All information regarding the availability, shipping or delivery of a product is only estimated information and approximate guidelines. In any case, this information does not represent binding shipping or delivery dates. Information regarding availability also merely represents information on the part of Stapf GmbH and is in no way to be viewed as binding. 

3.3. The stated delivery times begin when full payment is received by STAPF GmbH. 

3.4. Delivery and returns are carried out exclusively via the transport service provider identified in the FELI & HANS e-commerce shop (DPD, UPS, Österreichische Post AG) and is only possible within the countries listed in the e-commerce shop. Stapf is solely responsible for choosing the specific transport service provider chosen for individual deliveries. 

3.5. Stapf GmbH charges a flat shipping fee for standard shipping of goods, regardless of the order value. For express delivery services other than standard shipping, a higher flat rate will be charged. The amount of the shipping costs and express delivery service fee is expressly stated in the STAPF e-commerce shop. If shipping takes place in several partial deliveries for technical or logistical reasons, the shipping fee will only be charged once. The customer receives information about the amount of the shipping fee during the ordering process, but in any case before submitting his offer in the e-commerce shop. 

3.6. Depending on advertising or marketing measures, shipping costs may not be charged. This takes place exclusively under the conditions stated in the promotion. The consumer has no legal right to delivery free of shipping costs. 

3.7. The enclosed return labels must be used for returns. Costs for returns with other shipping service providers can only be covered after written confirmation from STAPF.  

  1. Prices, payment methods and conditions 

4.1. The prices stated at the time of the order in the STAPF e-commerce shop apply. Unless expressly stated otherwise, these are in EURO and include statutory sales tax. The prices do not include the respective flat rate shipping costs. The invoice will be sent to the customer by email to the email address provided by the customer during the order, or together with the delivery of the goods. 

4.2. Payment for the goods is made at the customer's discretion using the payment methods available in the e-commerce shop. Stapf GmbH reserves the right to exclude certain payment methods in individual cases without giving reasons or to request the payment method “advance payment”. 

4.3. When paying by credit card, the amount is reserved on the credit card when the order is placed (so-called “authorization”). The credit card is actually charged at the time the goods are shipped to the customer. In the event of a return, the amount will be credited to the credit card account within 30 days after the return of the goods has been processed by Stapf GmbH. 

4.5. Klarna 

4.5.1. Klarna payment options 

In collaboration with Klarna Bank AB (publ) (https://www.klarna.com/at/ - for Austria; https://www.klarna.com/de/ - for Germany), Sveavägen 46, 111 34 Stockholm, Sweden, Stapf GmbH offers the following payment options. Payment is made to Klarna: 

The use of the payment methods invoice, direct debit and installment purchase (only for consumers from Germany) requires a positive credit check. Further information and Klarna user conditions can be found under the links https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/user for consumers from Austria and https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user available to consumers from Germany. General information about Klarna can be found under the links https://www.klarna.com/at/ for consumers from Austria and https://www.klarna.com/de/ available to consumers from Germany. 

The consumer's personal data will be processed by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's privacy policy (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/privacy) for consumers from Austria and https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy for consumers from Germany. Stapf GmbH has no influence on this data processing, especially since it is carried out exclusively via Klarna. 

Klarna is only available to consumers; Payment must be made to Klarna, ie. With this payment method, the consumer enters into a contract directly with Klarna and can contact Klarna directly if they have any questions. 

4.5.2. Privacy Policy 

In order to be able to offer Klarna's payment options, the consumer's personal data, such as contact details and order details, are transmitted to Klarna. In this way, Klarna can assess whether the consumer can use the payment options offered through Klarna and adapt the payment options to their needs. General information about Klarna can be found under the links https://www.klarna.com/at/ for consumers from Austria and https://www.klarna.com/de/ available to consumers from Germany. The consumer's personal information is processed by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's privacy policy (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/privacy - for consumers from Austria and https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy - for consumers from Germany). Stapf GmbH has no influence on this data processing, especially since it is carried out exclusively via Klarna. 

  

  1. Transfer of risk, acceptance 

In accordance with the Consumer Protection Act, the risk of accidental loss or accidental deterioration of the goods passes to the customer or a person commissioned by the customer at the time the goods are handed over. 

The customer is obliged to immediately accept or collect the goods sent or made available for collection in accordance with the contract. If he does not fulfill this obligation, the delivery is deemed to have taken place on the day on which acceptance or takeover should have taken place in accordance with the contract. At this point in time, the risk of accidental loss and accidental deterioration passes to the customer. 

  

  1. retention of title 

6.1. The goods remain the property of STAPF GmbH until the purchase price has been paid in full. 

6.2. If the customer behaves in violation of the contract, in particular in the event of late payment, Stapf GmbH is entitled to withdraw from the contract by granting a grace period of 14 days and to request that the goods be returned for a fee. 

  

  1. Right of withdrawal/cancellation instructions 

7.1 Cancellation policy: 

The customer has the right to cancel the concluded contract (i.e. the order in the e-commerce shop) within fourteen days without giving reasons. The cancellation period is fourteen days from the day on which the customer or a third party commissioned by him who is not the carrier took possession of the goods (in the case of partial delivery, the day of the last delivered goods applies). 

In order to exercise the cancellation, it is sufficient to return the goods concerned with the enclosed cancellation form, or to send informal information to Stapf GmbH with the following content: 

  • Name, 
  • Address 
  • Goods affected by the withdrawal 
  • order date 

The information can be emailed to service@stapf.at take place. 

The cancellation form is also included with every delivery from Stapf GmbH. 

In order to meet the cancellation period, it is sufficient if the customer sends notification of the exercise of the right of cancellation before the cancellation period expires. 

 7.2. Consequences of revocation: 

If the customer revokes this contract, Stapf GmbH will pay him all payments received, including delivery costs (with the exception of additional costs resulting from the customer choosing a type of delivery other than the cheapest standard delivery offered by Stapf GmbH has to be repaid immediately and at the latest within 14 days from the day of receipt of the returned goods. The same payment method used by the customer for the original transaction will be used for this repayment, unless another agreement has been made. In no case will the customer be charged any fees for the repayment. 

Stapf GmbH has the right to refuse repayment until the goods have been returned to Stapf GmbH or until the customer has provided proof that he has sent the goods back, whichever is the earlier. In addition, Stapf GmbH has the right to check the returned goods for damage and signs of wear before refunding. 

If the customer has declared his revocation not by returning the goods, but by an informal declaration, the customer must return the goods affected by the revocation immediately and in any case no later than fourteen days from the day on which he declared the revocation of the contract to return or hand over to Stapf GmbH. The deadline is met if the customer sends the goods before the fourteen day period has expired. 

Unless they are sent with the returned returns label, returns must be made to the following addresses: 

For returns within Austria and all other delivery countries: 

Stapf GmbH 

Michael-Pacher-Strasse 13 

6300 Wörgl, Austria 

STAPF GmbH bears the direct costs for returning the goods. If the goods received are returned in several partial returns, Stapf GmbH will only cover the costs of the first return using the return label provided. 

7.3. The goods must be returned to Stapf GmbH in accordance with the instructions contained in the returns form enclosed with the delivery. If the customer does not return the goods to Stapf GmbH in accordance with these instructions and the goods are damaged or lost as a result, or if Stapf GmbH incurs costs as a result, the customer must compensate Stapf GmbH for the resulting damage. 

7.4. The right of withdrawal does not apply to goods that are manufactured according to customer specifications or are clearly tailored to personal needs. The legal liability of Stapf GmbH for quality defects remains unaffected. 

7.5. In the event of a reduction in value of the goods caused by the customer's use, the customer must compensate Stapf GmbH for this reduction in value if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods. 

7.6. All documents that may be helpful to the customer when returning the item are included with the shipment along with the delivery note. If any questions arise regarding the right of return/cancellation and the return of the goods to Stapf GmbH, customer service at Stapf GmbH is available to the customer. 

Per E-Mail:service@stapf.at  

Stapf GmbH does not charge any costs for this customer service. However, connection charges may apply, which must be borne by the customer. 

  

  1. warranty 

8.1. During the statutory warranty period, the customer initially has the right to free repairs or subsequent delivery. If necessary, Stapf GmbH will replace the goods in whole or in part. If a defect is not remedied within a reasonable period of time or if remediation is inappropriate, the customer is entitled to choose between cancellation (ie cancellation of the contract) or price reduction. 

8.2. The designs, colors and material appearance shown in the e-commerce shop are basically only approximations and therefore not binding. Deviations in color nuances or in the design or material appearance do not entitle the customer to complain about defects. The size information comes from the size guide of the e-commerce shop. 

8.3. The warranty provided by Stapf GmbH to the customer is also limited to a period of one year. 

  1. Liability 

In principle, Stapf GmbH is only liable for damages caused by intent or gross negligence. Liability for damage caused by slight negligence is excluded. This limitation of liability does not apply to personal injury. Compensation for consequential damage caused by defects, financial losses, savings not achieved, loss of interest and damage from third-party claims against the customer is excluded, unless it was caused intentionally or through gross negligence by Stapf GmbH or its employees or representatives. 

  1. Disclaimer for external links 

Liability for the links set is only assumed within the framework of § 17 ECG. The links are also set and checked with the greatest possible care. However, we cannot guarantee that the linked page will not change without our knowledge and intervention. 

 At the time of linking, these links were legally compliant. If we become aware of a legal problem, the link in question will be removed immediately. 

  1.  data protection 

Further information on the subject of data protection can be found in the currently valid data protection declaration of Stapf GmbH. 

The customer's personal data, namely the data to be provided during registration, is stored and processed by Stapf GmbH as part of the fulfillment of the (pre-)contractual obligations according to these General Terms and Conditions. 

The customer has the right to information from Stapf GmbH about this personal data as well as to correction or deletion or to restriction of processing as well as the right to object to the processing and the right to data portability. The customer also has the right to complain to the data protection authority (https://www.dsb.gv.at). 

  1. Final Provisions 

14.1. The exclusive application of material and formal Austrian law is agreed to all contractual relationships or other legal relationships between Feli & Hans Fashion GmbH and the customer, with the express exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and the reference norms of international private law, in particular the Rome Regulations. The place of jurisdiction is agreed to be the relevant court at the registered office of Stapf GmbH. 

14.2. However, this choice of law only applies to the extent that it does not deprive the customer of the protection granted by mandatory provisions of the law of the country in which he has his habitual residence. 

14.3. Stapf GmbH reserves the right to change or supplement these Terms and Conditions at any time at its own discretion. Such changes or additions will be announced to the customer either when they next register in the e-commerce shop or before placing a new order. 

14.4. If individual provisions of these General Terms and Conditions are or become invalid or unenforceable in whole or in part, this will not affect the validity of the remaining provisions and the conclusion of a contract. Such a provision is deemed to be replaced by one that comes closest to the economic purpose of the invalid provision and is effective. The same applies if these General Terms and Conditions contain a loophole.