1. General & scope
2. Order & prices
3. Payment
4. Shipping
5. Complaint & return
6. Revocation instruction
7. Liability
8. Place of jurisdiction & dispute resolution
9. Final provisions

1. GENERAL & SCOPE

These terms and conditions apply to all purchases made by private customers at Avanyah [legal-notice]. All deliveries and services are provided exclusively on the basis of the following General Terms and Conditions, also referred to as “GTC”, in the version valid at the time of the order. The contractual partner is Alexander Müller [hereinafter referred to as “Seller”]. Private customers in this sense of these Terms and Conditions [hereinafter “Customer”] are persons with residence and delivery address, provided that the goods ordered by them can be attributed neither to their commercial nor their independent professional activity. Business customers are requested to place orders on the order pages [line sheets] accessible via the business customer login.

2. ORDER & PRICES

To complete the purchase, you must accept our terms and conditions and click the [Buy] button. This will send the order to us. After submitting the order, we will first send you an order receipt confirmation email. If we accept your order, you will receive an order confirmation by e-mail after receipt of your order, with which the contract is concluded. We retain ownership of the purchased item until the invoice amount has been paid in full.
If the seller offers the possibility of payment in advance, the contract is concluded at the time when the customer provides his bank details and complies with the request for payment. If the payment is not received by the seller within 10 calendar days after sending the order confirmation despite due date and reminder by the customer, the seller is entitled to withdraw from the contract, whereby the order expires and the seller is released from his delivery obligation. At this time, the order is considered completed without any further consequences for the customer or the seller. Products for which prepayment is offered can therefore be reserved for a maximum of 10 calendar days. The marked prices are final prices including VAT. The amount shown at the time of the binding order applies. In addition, there are shipping costs, which depend on the shipping method and the size and weight of the product(s) ordered by the buyer.

3. PAYMENT

Payment methods: [payment-methods]
Credit cards – via Stripe
Bank transfer – via Stripe
Prepayment – cash or bank transfer into our bank account
Cash – at the pick up or e.g. TransferWise
PayPal

4. SHIPPING

All prices include the legal value added tax plus shipping costs (excl. customs or import costs). We deliver with suppliers of our choice. However, these may vary, as we always strive to offer our customers the best possible delivery conditions. Shipment is made to the delivery address provided by the customer in a delivery period of 3 to 21 days. You can find out about the details at [delivery-and-return]. If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or any other service permanently impossible, Avanyah’s obligation to perform is excluded. Amounts already paid will be immediately refunded by Avanyah in the form of a repayment or a voucher of at least the same value. Avanyah may also refuse performance insofar as this requires an effort that is grossly disproportionate to the Customer’s interest in fulfilling the purchase contract, taking into account the content of the purchase contract and the dictates of good faith. Amounts already paid will be refunded by Avanyah without delay.

5. COMPLAINT & RETURN

When returning the goods and accessories, please use the original packaging if possible, even if it is damaged due to an opening for functional testing. Send us the package using the most convenient shipping method for you with tracking number, so that the package will not be lost on the way back. Avanyah is a small fashion label that is still in its development phase and tries to take care of the environment in the best possible way. We are a small company run with love and a personal and friendly customer service. Please understand that Avanyah will not cover any additional costs, e.g. for return shipping. The regular costs of return shipping incurred in the event of a return of the goods by the buyer in exercise of your right of withdrawal [see below], the customer himself bears, provided that the item was not defective, damaged or incorrectly delivered.

Defect rights:
A product that is already defective upon delivery (warranty case) will be replaced by a defect-free one or professionally repaired by Avanyah at the Customer’s discretion at Avanyah’s expense (subsequent performance). The Customer may, at its option, withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in a contractually compliant condition of the product within a reasonable period of time. A warranty case does not exist in particular in the following cases:

in the case of damage caused to the customer by misuse or improper use, for damage caused by the fact that the products have been exposed to harmful external influences at the customer’s premises (in particular extreme temperatures, humidity, unusual physical or electrical stress, voltage fluctuations, lightning, static electricity, fire), for a fault caused by improper repair by a service partner not authorized by the manufacturer.
as well as in all cases listed in the cancellation policy at the end under “Exclusion of the right of cancellation”. The customer shall pay compensation for the loss of value or further deterioration of the goods not caused by the defect as well as for the impossibility of handing over the goods in the period between delivery of the goods and return of the goods not caused by the defect.

Retention of title:
The delivered goods remain the property of Avanyah until all claims against the Customer arising from the purchase contract have been settled in full. As long as this retention of title exists, the Customer may neither resell nor dispose of the goods; in particular, the Customer may not contractually grant third parties any use of the goods.

6. REVOCATION POLICY

Right of revocation:
You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter or e-mail sent by post). You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory. To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of revocation:
If you revoke this contract, we must reimburse you for the cost of the product as well as the delivery costs (except for additional costs for express deliveries or other ausernaturlichen deliveries). For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you. We may refuse to make the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You must bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

Exclusion of the right of withdrawal:
The right of withdrawal or a warranty does not exist

In the case of contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, In the case of contracts for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature, If there are signs of misuse, such as: if the product has already been demonstrably worn, altered or damaged, In the case of purchases or the conclusion of contracts where the consumer is present in person, If the details and size tables indicated in the product descriptions have not been respected. In this case, the amount received will be refunded by the seller, apart from the shipping costs, payment processing fees and logistics/handling fees as these are borne by the consumer. In case of payment with vouchers. In case of partial payment with voucher or discount, the value of the redeemed voucher will not be refunded, If the revocation is not justified in detail.

Sample revocation form:
(If you want to revoke the contract, please fill out this form and send it back).
To Avanyah – Alexander Müller, Erne-Seder Gasse 8, 1030 Vienna, Austria, office@avanyah.com:
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / following service (*).
Ordered on ….
Received on …..
Name of the consumer(s) …..
Address of the consumer(s) …..
Date …..
Name of consumer(s) ….
Possibly signature ….

7. LIABILITY

The following exclusions and limitations of liability in connection with the Seller’s liability for damages shall apply without prejudice to any other statutory requirements for claims.

The Seller shall be liable without limitation if damage has been caused intentionally or by gross negligence. The Seller shall also be liable for slight negligence in the event of a breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, as well as in the event of a breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the Customer may regularly rely. In this case, however, the Seller’s liability shall be limited to the foreseeable damage typical for the contract. The Seller shall not be liable in the event of a slightly negligent breach of obligations other than those specified in the above sentences. The above limitations of liability shall not apply in the case of damage resulting from injury to life, body or health, in the case of defects discovered after a guarantee for the quality of the product has been given or in the case of defects which have been fraudulently concealed. Liability under the law on liability for defective products shall remain unaffected. As far as the liability of the seller is excluded or limited, this also applies to the personal liability of employees, representatives and agents.

8. PLACE OF JURISDICTION & DISPUTE RESOLUTION

If, contrary to the information you provided when placing the order, you do not have a residence in the Republic of Austria, or if you move your residence abroad after conclusion of the contract, or if your residence is not known at the time of filing the lawsuit, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be Vienna, Austria. General information requirements for alternative dispute resolution in accordance with Article 14 (1) ODR Regulation and § 36 VSBG (Consumer Dispute Resolution Act): The European Commission provides a platform for online dispute resolution (OS), which can be found at this address: http://ec.europa.eu/consumers/odr/ . We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

9. FINAL PROVISIONS

Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the contract, insofar as a contracting party is not unreasonably disadvantaged thereby. Changes or additions to this contract must be made in writing. If you have any questions, complaints or claims, please contact us. You can reach us Monday to Friday between 9:00 am and 6:00 pm by e-mail at office@avanyah.com.