GENERAL TERMS AND CONDITIONS
of Enrico Maggi Sciarpa-Style dal 1904
1. Content and scope
1.1 We cannot in any way guarantee that the information provided is up-to-date, correct, complete or of the required quality. Liability claims made against us relating to pecuniary or non-pecuniary loss resulting from the use or non-use of the information provided or from the use of incorrect and incomplete information are essentially excluded, unless proof can be presented of negligence or gross negligence on our part.
All proposals are non-binding and subject to confirmation. We expressly reserve the right to amend, supplement, delete or temporarily or permanently suspend the publication of parts of web pages or the entire offering without separate notice.
1.2 Business shall be conducted and the service shall be provided exclusively under the present General Terms and Conditions, which form the basis of all contracts concluded in respect of the offerings on the Internet shop websites www.sciarpa-style.com, www.sciarpa-style.at, www.sciarpa-style.ch, www.sciarpa-style.de and www.sciarpa-style.it. General terms and conditions which conflict with or differ from the provisions below shall not apply.
2. References and links
If direct or indirect references ("hyperlinks") are created to external websites which are beyond our control, we could be held liable only if we are aware of the content of such sites and it would be technically feasible and acceptable for us to prevent usage in the case of unlawful content.
We hereby expressly declare that no illegal content was recognisable on the pages to be linked at the time when the link was created. We have no influence whatsoever on the current and future design, content or origin of the linked web pages. We therefore hereby expressly distance ourselves from all content of all linked/referenced web pages which have been modified since the link was created. Only the provider of the website to which a reference has been made, and not the party who merely refers via links to the publication concerned, shall be liable for illegal, incorrect or incomplete content and, in particular, for losses incurred through the use or non-use of information provided in this way.
3. Language and contract conclusion
3.1 Contracts relating to items offered at www.sciarpa-style.com, www.sciarpa-style.at, www.sciarpa-style.ch, www.sciarpa-style.de and www.sciarpa-style.it may be concluded in both German and English.
3.2 By clicking the “order now” button, you place a binding order for the items contained in the shopping basket. Receipt of the order is confirmed immediately after the order is placed.
3.3 However, a binding contract is concluded only when the order confirmation is sent.
3.4 Reservation and prepayment
Note that the ordered goods are delivered in the case of prepayment (reservation) only when the sum is credited in full to our account. If your payment is not made within 14 days of the order confirmation being sent, despite being due and even following a reminder (which is normally issued 7 days after the order confirmation is sent), we will withdraw from the contact, as a consequence of which your order will be cancelled and we will be under no obligation to supply the goods. The order will then be terminated for you and for us with no further consequences. A prepayment item is therefore reserved for a maximum of 14 days. However, we may also uphold the concluded contract and demand its fulfilment.
4. Prices and shipping costs
4.1 The prices quoted in the proposal at the time of the order apply. The prices quoted include the relevant valid statutory VAT based on Austrian tax rates.
4.2 Shipping costs of €6.50 are payable for items sent by registered post within Austria. Shipping costs of €3.50 are payable for cash on delivery within Austria.
Shipping costs of €10.60 are payable for items sent by registered post outside Austria, but within the EU, and for shipment to Switzerland. Shipping costs of €4.50 are payable for cash on delivery within the EU and shipment to Switzerland.
Shipping costs of €17.50 are payable for package shipments overseas or outside Europe. Cash on delivery is not possible here.
4.3 Differing shipping charges, which we negotiate individually with our customers, apply to the shipment of particularly large quantities.
5. Payment methods and leadtimes
5.1 For purchases made at www.sciarpa-style.com, www.sciarpa-style.at, www.sciarpa-style.ch, www.sciarpa-style.de and www.sciarpa-style.it, the payment methods we offer are PayPal, prepayment and cash on delivery. We reserve the right with every order not to offer specific methods of payment and to refer to different methods of payment. Particularly for orders of 10 or more items, prepayment shall be deemed to be the only agreed payment method.
5.2 Since leadtimes are also dependent on upstream suppliers and manufacturers, we essentially make every effort to deliver within a maximum of 30 days of receipt of an order. Goods are normally delivered much earlier.
We normally deliver within Austria within 6-10 days of receipt of order, within the EU and Switzerland within 10-17 days, and to other destinations within 18-30 days.
6. Data protection
If the Internet offering includes the facility for entering personal or business data (e-mail addresses, names, addresses), the disclosure of such data by the user takes place on an expressly voluntary basis.
Contact data such as postal addresses, phone and fax numbers and e-mail addresses, which are published in the imprint or in comparable information areas, may not be used by third parties for the dispatch of unsolicited information. We expressly reserve the right to take legal action against the senders of spam e-mails in cases of infringement of this prohibition.
7. Reservation of ownership
We retain ownership of all goods supplied by us until the goods have been paid for in full by the customer.
8. Extension of leadtimes and transfer of risk
The leadtime shall be extended accordingly under circumstances which hinder the delivery as a result of force majeure and under circumstances which are beyond our control. Such circumstances are, in particular: strike, lockout, official interventions, shortage of energy and raw materials, unavoidable transport bottlenecks, unavoidable operational hindrances, for example due to fire, water or machinery damage. We will inform you immediately of the beginning and end of hindrances of this type. If the service disruption in the aforementioned cases continues for more than 4 weeks after the expiry of the originally applicable leadtime, you will be entitled to withdraw from the contract. No further claims, particularly for compensation, may be made.
9. Image of products, design protection and copyright protection
Our products may differ in nature from the presentations in the product photo, in terms of the cut and in particular also in the design of the buttons.
The illustrations on our website, in particular the product illustration, are copyright-protected. Our products also have registered design protection.
Legal action may be taken in the event of any infringement.
Copyright in respect of published items which we ourselves have created is held solely by us. Reproduction or use of such graphics, video sequences and texts in other electronic or printed publications is not permitted without our express permission.
10. Applicable law and place of jurisdiction
10.1 All legal transactions – in particular orders for Sciarpa-Style items – and other legal relationships with us shall be governed by Austrian law. The UN Purchasing Law and any other international conventions, even following their incorporation into Austrian law, shall not apply. In the case of contracts for a purpose which cannot be attributed to the professional or commercial activity of the authorised party (contract with consumers), this choice of law shall apply only insofar as the afforded protection is not withdrawn through mandatory provisions of the law of the state in which the consumer normally resides.
10.2 In business transactions with companies and with legal entities under public law, the location of the registered office of Enrico Maggi Sciarpa-Style dal 1904, i.e. Villach, shall be agreed as the place of jurisdiction for all legal disputes relating to these commercial conditions and individual contracts concluded under the terms thereof. In this case, we will also be entitled to take action at the customer´s place of residence.
11. Changes to the General Terms and Conditions
We will be entitled unilaterally to amend these General Terms and Conditions, insofar as they are incorporated into the contract with the customer and insofar as this is necessary to remedy subsequently arising imbalances or to make adjustments in line with changes to underlying legal or technical conditions. We will notify the customer of any amendment and provide information on the content of the changed provisions. The amendment shall form part of the contract, unless the customer objects to us in writing, contesting the incorporation into the contract, within six weeks of receipt of the amendment notification.
12. Severability clause
If individual provisions of the contract, including these provisions, are or become totally or partially invalid, or if the contract reveals an unforeseen loophole, this shall not affect the validity of the remaining provisions or parts of such provisions. The invalid or lacking provision shall be replaced with a provision which complies with the relevant legal provisions and corresponds as closely as possible to the desired objective.
We furthermore point out that, in the event of any doubt concerning interpretation, the German text shall prevail.