TERMS AND CONDITIONS
1. Scope of Validity
The following Terms and Conditions are valid for the business relationship between ChicLinen GmbH. Hirschengasse 15/1-3. 1060 Wien, Austria (hereafter: CL) and the customer, if the customer is a consumer within the meaning of § 1 KSchG \[Consumer Protection Act].
2. Placing an order
- (1) The presentation of goods on our website and the possibility to order the same shall not be interpreted as a binding offer on our part. A binding offer to conclude a purchase contract shall not be made until the customer places an order. When you are placing an order with us you will be considered that you have read, understood and agreed to these Terms and Conditions. After you have finalised your order an automatic confirmation of receipt will then be sent by e-mail to the customer. This confirmation is not deemed to be an order confirmation on our part. A purchase contract with us shall only be concluded when we confirm the order separately with the confirmation email. The purchase contract may be concluded in German or in English.
- (2) The actual colours of a product may deviate from the colours on the photos. Unless indicated otherwise, accessories and furniture on the photos are not included in the prices of the respective products.
- (3) Orders may only be placed by persons who are at least 18 years of age.
3. Prices and Delivery Costs
The prices of the items are indicated in euros including VAT. In addition to your order, delivery costs will be charged and added to your order cost. Please see our delivery table for the delivery costs. The delivery charges are always added to the product price and displayed in the order summary before the order button. One time delivery cost includes maximum 3 single bedding sets.
Destination zones
- 1. zone: Austria, Slovenia, Croatia, Slovakia, Hungary
- 2. zone: Germany
- 3. zone: Czech Republic, Belgium, Netherlands, Luxembourg, Italy, Romania
- 4. zone: Denmark, Bulgaria, France, Poland
- 5. zone: Estonia, Latvia, Lithuania, Spain, Sweden
- 6. zone: Finland, Greece (mainland), Portugal
- 7. zone: Ireland
Delivery Prices and Costs
Delivery Prices
- 1. zone: 19 EUR
- 2. zone: 20 EUR
- 3. zone: 29 EUR
- 4. zone: 30 EUR
- 5. zone: 35 EUR
- 6. zone: 35 EUR
- 7. zone: 38 EUR
4. Payment
Payment may be made by PayPal account or by credit card through PayPal. CL only accepts orders from the European Union.
5. Cancel the order, Return
(1) Cancellation policy
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
In the case of a contract relating to multiple goods ordered in one order and delivered separately or in the case of a contract relating to delivery of a good consisting of multiple lots or pieces the withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good or the last lot or piece.
To exercise the right of withdrawal, you must inform us about your decision to withdraw from this contract in an unequivocal statement (by e-mail).
You may use the attached template withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
(2)[1] Effects of withdrawal
If you withdraw from this contract, we shall reimburse you all payments received from you, including the costs of delivery (with the exception of additional costs arising from your choosing a delivery mode other than the most reasonably priced standard delivery mode offered by us) without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.
We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless expressly agreed otherwise with you. Under no circumstances will you be charged in connection with such reimbursement.
We may withhold reimbursement until we have received the goods back or until you have provided evidence of having sent them back, whichever happens earlier.
You shall send the goods back to us without delay and in any event not later than 14 days from the day on which you notify your withdrawal from this contract to us.
The deadline is met if you send the goods back before the 14-day period has expired.
You shall bear the direct cost of returning the goods.
You shall compensate for any loss of value in the goods if such loss of value can be attributed to handling the goods in a way that is unnecessary to examine their quality, features and functions.
(3) Withdrawal form: (complete and return this form only if you wish to withdraw from the contract)
- To ChicLinen GmbH. Email: customerservice@thechiclinen.com
- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
- Ordered on (*)/received on (*),
- Name of consumer(s),
- Address of consumer(s),
- Signature of consumer(s) (only if this form is notified on paper),
- Date
(*) Delete as appropriate.
The products must be returned in a new and unused, unwashed state in perfect condition.
6. Delivery
- Deliveries shall be made to the delivery address specified by the customer.
- If delivery or another service is permanently impossible due to force majeure, a performance obligation on our part shall be excluded. Any payments already received shall be refunded forthwith.
- The delivery conditions are in the delivery table (see Prices and Delivery Costs), which includes the delivery costs. We reserve the right to make partial shipments if this appears to be expedient for rapid handling of the contract and acceptable for the customer. In the exceptional event that an item cannot be delivered, we shall inform the customer of this forthwith and reserve the right to rescind the contract.
- All processed orders will be dispatched within 7 working days after placing an order.
7. Retention of Title
The delivered goods shall remain the property of the vendor until complete payment.
8. Warranty
Statutory warranty regulations apply.
9. Liability
(1)[1] Any compensation claims are excluded in cases of minor negligence.
This restriction does not apply for injury to life, body and health under Austrian Product Liability Law.
10. Data Protection
Information about the method, scope and location of collection, processing and utilisation of the customer’s personal data can be found in our Privacy Policy
- The data given by the customer and authorized for passing on to contractual partners as well as data announced by the customer to CL within the scope of the business connection, as for example name, address, e-mail, telephone number as well as address of delivery (data) are stored and processed by CL who uses the data within the scope of the legal authorization to fulfil the order as well as for own marketing purposes, in particular, to sending of advertising news by e-mail. This approval to the use of data for own marketing purposes can be revoked by the customer any time by e-mail to customerservice@thechiclinen.com.
- The data are processed and used for the realization and execution of contracts entered into via the website as well as for the purpose of a future customer service and customer care (marketing). A transfer of personal data to third parties only and solely occurs within the scope of the purchase transaction.
- The customer agrees hereby to receive communications within the meaning of Article 107 of Austrian Telecommunication Law 2003, in particular, e-mails, from CL. This acceptance can be cancelled via e-mail to customerservice@thechiclinen.com at any time.
11. Governing Law
The order and any litigation resulting from the order and from order processing shall be governed by Austrian law. If the contractual partner is a consumer, the choice of law and jurisdiction does not result in the consumer being deprived of the protection provided to him by the cogent regulations in effect in the state of his usual residence.
The exclusive venue shall be Vienna, Inner City. With regard to all suits filed against a consumer who is a domestic resident, has his usual residence or is employed in Austria, due to disputes arising from this contract, the competent court is one of the courts in the judicial district where the consumer’s residence, usual residence or place of employment is located. For consumers without a residence in Austria when concluding the contract, the statutory places of jurisdiction apply.
12. Severance, Written Form
- Should individual provisions of these terms and conditions be or become ineffective or invalid in whole or in part, the effectiveness of the remaining terms and conditions shall not be prejudiced.
- Any amendments to these general terms and conditions must be made in writing.
- These general terms and conditions are available in English and German.
In the case of any divergence between the two versions, the German version shall prevail.
13. Contact Information
ChicLinen GmbH 1060 Wien, Hirschengasse 15/1-3.
AUSTRIA
Director:
Gabriella Kinnell
Handelsgericht Wien FN 404567 b.
Email: customerservice@thechiclinen.com