Terms and Conditions

Terms and Conditions

GENERAL TERMS AND CONDITIONS (GTC) - ARMARGENTUM ONLINE SHOP

 

  1. General Information

1.1. A2A Holding GmbH, Getreidegasse 47 Top 15, 5020 Salzburg (Austria) is a provider of women’s apparel and accessories (hereinafter the “Goods”) under the brand ARMARGENTUM. The Goods may be purchased online via the ARMARGENTUM online Shop (www.armargentum.com).

1.2. The product selection at ARMARGENTUM Online Shop is intended exclusively for consumers. By using the online store, the customer represents that he or she is a consumer as defined by the Austrian Consumer Protection Act (KSchG).

1.3. All contracts between A2A Holding GmbH and the customer that are concluded and processed via the online store at ARMARGENTUM Shop are governed exclusively by these General Terms and Conditions (hereinafter: GTC). By placing an order, the customer accepts these GTC, which have been made known to the customer in advance. A2A Holding GmbH hereby expressly rejects the application of any other general terms and conditions.

1.4. Before placing their first order, the customer may choose whether or not to create a web store account (Account) for future orders. However, choosing not to create an account is only advisable for a one-time order. In any case, the customer must register. To do so, the customer must enter all data requested in the online store’s registration form (in particular, name, billing and shipping addresses, and email address) completely and truthfully. If the customer does not create an account, no user ID or password will be assigned. The information required during registration—even for a one-time order—is necessary for A2A Holding GmbH to properly process the customer’s order on the online Shop .

1.5. Upon creating an account, the customer agrees to keep their account information up to date and to make any necessary changes or updates without delay. Furthermore, the customer must set their personal login credentials (user ID and password). After submitting this information, the customer will receive an email confirming receipt of their information and the completion of registration. By entering their personal login credentials, the customer can access their personal web shop account and view all order details from the past 24 months at any time.

1.6. The customer must ensure that the email address provided in their account is accessible at all times, and the customer expressly agrees that communication between A2A Holding GmbH and the customer shall take place exclusively via email. All correspondence sent by A2A Holding GmbH to the email address provided by the customer shall be deemed to have been received by the customer. Furthermore, the customer must protect their personal login credentials from misuse by third parties and must not disclose them to third parties. A2A Holding GmbH shall not be liable for any damages caused by the misuse of login credentials by third parties.

1.7. The customer may have their account deleted at any time in accordance with the data subject rights set forth in the General Data Protection Regulation (GDPR). To do so, the customer may either delete the account themselves or have it deleted by A2A Holding GmbH. This requires contacting ARMARGENTUM GmbH, for example, via email.

1.8. Goods are sold to the customer only in quantities typical for household use. This applies both to the number of products ordered in a single order and to the placement of multiple orders for the same product within a short period of time, where each individual order consists of a quantity typical for household use. A2A Holding GmbH expressly reserves the right to refuse orders that do not meet these criteria.

 

  1. Conclusion of the Contract

2.1. The presentation of products on the ARMARGENTUM online Shop constitutes merely a non-binding invitation by A2A Holding GmbH to order products from the ARMARGENTUM online store. Express reference is made to Section 8, “Warranty,” regarding color and material characteristics.

2.2. By submitting the order to A2A Holding GmbH, the customer makes a binding offer to enter into a purchase agreement for the ordered goods. The customer will then immediately receive an automatically generated email in which A2A Holding GmbH confirms that the order has been electronically recorded and registered. However, this order confirmation email does not constitute acceptance of the customer’s offer.

2.3. The sales contract for the ordered goods is not concluded until A2A Holding GmbH sends the customer an invoice, the goods, or a shipping and order confirmation containing the terms of the contract.

2.4. A2A Holding GmbH is under no obligation to accept orders. If an order is not accepted, the customer will be notified by email within 7 days. In any case, the customer has no right to the conclusion of a contract for the goods ordered by the customer.

 

  1. Delivery and Shipping Costs

3.1. Unless otherwise agreed, the goods will be delivered as an insured sale by mail order from the headquarters of A2A Holding GmbH, Getreidegasse 47, 5020 Salzburg (Austria), to the delivery address specified by the customer.

3.2. Customers can find information regarding product availability on the ARMARGENTUM website at Shop . All information regarding the availability, shipping, or delivery of a product is provided solely as estimates and approximate guidelines. In any case, this information does not constitute binding shipping or delivery dates. Information regarding availability is also provided solely for informational purposes by A2A Holding GmbH and is in no way to be considered binding.

3.3. The specified delivery times begin upon receipt of full payment by ARMARGENTUM GmbH.

3.4. Delivery and returns are handled exclusively by the shipping provider listed on the ARMARGENTUM online Shop and are only available within the following countries:

Austria

Germany

Belgium

Denmark

Finland

France

Ireland

Italy

Croatia

Luxembourg

Netherlands

Poland

Sweden

Slovenia

Slovakia

Spain

Czech Republic

Hungary

 

3.5. For standard shipping of goods, A2A Holding GmbH charges a flat shipping fee regardless of the order value. For express delivery services that differ from standard shipping, a higher flat fee will be charged. The amount of the flat-rate shipping fee and the express delivery service fee is explicitly stated on the ARMARGENTUM online at Shop . If, for technical or logistical reasons, the shipment is divided into multiple partial deliveries, the flat-rate shipping fee will be charged only once. The customer will receive information about the amount of the flat-rate shipping fee during the ordering process, and in any case before submitting their order on the online site Shop.

3.6. Depending on promotional or marketing campaigns, shipping costs may not be charged. This applies exclusively under the terms specified in the promotion. Consumers have no legal right to shipping-free delivery.

3.7. Please use the enclosed return labels for returns. Costs for returns shipped via other carriers can only be covered upon written confirmation from A2A Holding.

 

  1. Prices, Payment Methods, and Terms

4.1. The prices listed on the ARMARGENTUM online Shop at the time of ordering apply. Unless expressly stated otherwise, these prices are in euros and include the applicable sales tax. The prices do not include the applicable flat-rate shipping fee. The invoice will be sent to the customer via email to the email address provided by the customer during the ordering process, or will be included with the delivery of the goods.

4.2. Payment for the goods may be made, at the customer’s discretion, by credit card, PayPal, or “Klarna” (see Section 4.6 for specific payment options). A2A Holding GmbH reserves the right, in individual cases and without providing a reason, to exclude certain payment methods or to require payment in advance.

4.3. When paying by credit card, the amount is reserved on the credit card when the order is placed (known as “authorization”). The credit card is actually charged when the goods are shipped to the customer. In the event of a return, the amount will be credited back to the credit card account within 30 days after A2A Holding GmbH has processed the returned goods.

4.5. Klarna

4.5.1. Klarna's Payment Options

In cooperation 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, A2A Holding GmbH offers the following payment options. Payment is made to Klarna in each case:

Use of the payment methods "Invoice," "Direct Debit," and "Installment Purchase" (for consumers in Germany only) requires a positive credit check. Further information and Klarna’s terms of use are available at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/user for consumers in Austria and https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user for consumers in Germany. General information about Klarna is available at https://www.klarna.com/at/ for consumers in Austria and https://www.klarna.com/de/ for consumers in Germany.

Klarna processes the consumer's personal data in accordance with applicable data protection regulations and as set forth in Klarna's Privacy Policy (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/privacy) for consumers in Austria and https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy for consumers in Germany. A2A Holding GmbH has no influence over this data processing, especially since it is carried out exclusively by Klarna.

Klarna is available only to consumers; payment must be made to Klarna in each case—that is, when using this payment method, the consumer enters into a contract directly with Klarna and can contact Klarna directly with any questions.

4.5.2. Privacy Policy

In order to offer Klarna’s payment options, the consumer’s personal data—such as contact information and order details—will be transmitted to Klarna. This allows Klarna to determine whether the consumer is eligible to use the payment options offered through Klarna and to tailor those options to the consumer’s needs. General information about Klarna is available at https://www.klarna.com/at/ for consumers in Austria and https://www.klarna.com/de/ for consumers in Germany. The consumer’s personal information is processed by Klarna in accordance with applicable data protection regulations and as specified in Klarna’s Privacy Policy (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/privacy —for consumers in Austria—and https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy —for consumers in Germany). A2A Holding GmbH has no influence over this data processing, especially since it is carried out exclusively by Klarna.

 

  1. Transfer of Risk, Acceptance

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

5.2. The customer is obligated to accept or pick up the goods sent in accordance with the contract or made available for pickup without delay. If the customer fails to fulfill this obligation, the delivery shall be deemed to have taken place on the date on which acceptance or pickup should have occurred in accordance with the contract. At that 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 ARMARGENTUM GmbH until the purchase price has been paid in full.

6.2. If the customer breaches the contract—in particular, in the event of late payment—A2A Holding GmbH is entitled to terminate the contract after setting a grace period of 14 days and to demand that the goods be returned at the customer’s expense.

 

  1. Right of Withdrawal/Cancellation Policy

7.1 Cancellation Policy:

The customer has the right to cancel the contract (i.e., the order placed on the website Shop) within fourteen days without providing a reason. The cancellation period is fourteen days from the day on which the customer or a third party designated by the customer—other than the carrier—took possession of the goods (in the case of partial deliveries, the date of the last delivery applies).

To exercise your right of withdrawal, simply return the relevant merchandise along with the enclosed withdrawal form, or send an informal notice to A2A Holding GmbH containing the following information:

  • Name,
  • Address
  • Goods Affected by the Cancellation
  • Order Date

The information can be sent via email to shop.online@armargentum.com.  

The cancellation form is also included with every shipment from A2A Holding GmbH.

To comply with the cancellation period, it is sufficient for the customer to send the notice of cancellation before the cancellation period expires.

 

7.2. Consequences of Cancellation:

If the customer withdraws from this contract, A2A Holding GmbH must refund all payments received, including delivery costs (with the exception of any additional costs resulting from the customer’s choice of a delivery method other than the least expensive standard delivery offered by A2A Holding GmbH), without delay and no later than 14 days from the date of receipt of the returned goods. This refund will be made using the same payment method the customer used for the original transaction, unless otherwise agreed. Under no circumstances will the customer be charged any fees for the refund.

A2A Holding GmbH has the right to withhold a refund until the goods have been returned to A2A Holding GmbH or until the customer has provided proof that the goods have been returned, whichever occurs first. Furthermore, A2A Holding GmbH has the right to inspect the returned goods for damage and signs of use before issuing a refund.

If the customer has declared his or her withdrawal not by returning the goods but by means of an informal statement, the customer must return or hand over the goods affected by the withdrawal to A2A Holding GmbH immediately and, in any case, no later than fourteen days from the date on which he or she declared the withdrawal from the contract. The deadline is met if the customer ships the goods before the fourteen-day period expires.

Unless they are shipped using the provided return label, returns must be sent to the following addresses:

For returns within Austria and all other countries we ship to (except Germany):

A2A Holding GmbH

47 Getreidegasse 

5020 Salzburg

Austria

ARMARGENTUM , GmbH will cover the direct costs of returning the goods. If the received goods are returned in multiple shipments, A2A Holding GmbH will only cover the costs of the first shipment using the provided return label.

7.3. The goods must be returned to A2A Holding GmbH in accordance with the instructions provided on the returns form included with the delivery. If the customer fails to return the merchandise to A2A Holding GmbH in accordance with these instructions and the merchandise is damaged or lost as a result, or if A2A Holding GmbH incurs costs as a result, the customer must compensate A2A Holding GmbH for the resulting damages.

7.4. The right of withdrawal does not apply to goods that are manufactured according to customer specifications or are clearly tailored to the customer’s personal needs. This does not affect A2A Holding GmbH’s statutory liability for quality defects.

7.5. If the goods suffer a loss in value due to the customer’s use, the customer must compensate A2A Holding GmbH for this loss in value if such loss is attributable to handling of the goods that was not necessary for the purpose of inspecting their condition, characteristics, and functionality.

7.6. All documents that may be helpful to the customer when returning merchandise are included with the shipment along with the packing slip. If the customer has any questions regarding the right of return or right of withdrawal, or regarding the return of merchandise to A2A Holding GmbH, A2A Holding GmbH’s customer service is available to assist.

 

By email: shop.online@armargentum.com

 

A2A Holding GmbH does not charge any fees for this customer service. However, connection charges may apply, which must be paid by the customer in any case.

 

  1. Warranty

8.1. During the statutory warranty period, the customer is initially entitled to free repair or replacement. If necessary, A2A Holding GmbH will replace the goods in whole or in part. If a defect is not remedied within a reasonable period of time, or if remedying the defect is impractical, the customer is entitled, at his or her discretion, to rescission (i.e., termination of the contract) or a price reduction.

8.2. The designs, colors, and material textures shown in the online store are, in general, only approximate and are therefore not binding. Variations in color shades, design, or material texture do not entitle the customer to file a complaint regarding defects. Size specifications are based on the online store’s size guide.

8.3. Furthermore, the warranty provided by A2A Holding GmbH to the customer is limited to a period of one year.

 

  1. Liability

A2A Holding GmbH is generally liable only for damages resulting from willful misconduct or gross negligence. Liability for damages caused by slight negligence is excluded. This limitation of liability does not apply to personal injury. Compensation for consequential damages resulting from defects, financial losses, lost savings, lost interest, and damages arising from third-party claims against the customer is excluded, unless such damages were caused by A2A Holding GmbH or its employees or agents through intentional acts or gross negligence.

 

  1. Disclaimer Regarding External Links

Liability for the links provided is assumed only within the scope of § 17 ECG. The links are also provided and reviewed with the utmost care. Nevertheless, we cannot guarantee that the linked page will not change without our knowledge or involvement.

 

At the time the links were posted, they were in compliance with the law. Should we become aware of any legal issue, the link in question will be removed immediately.

 

  1. Privacy Policy

Further information on data protection can be found in the currently valid Privacy Policy of A2A Holding GmbH.

The customer’s personal data—namely, the information provided during registration—will be stored and processed by A2A Holding GmbH in connection with the fulfillment of (pre)contractual obligations in accordance with these Terms and Conditions.

The customer has the right to obtain information from A2A Holding GmbH regarding this personal data, as well as the right to have it corrected or deleted, to restrict its processing, to object to its processing, and to data portability. The customer also has the right to file a complaint with the data protection authority (https://www.dsb.gv.at).

 

  1. Final Provisions

14.1. It is agreed that all contractual relationships or other legal relationships between A2A Holding GmbH and the customer shall be governed exclusively by the substantive and procedural laws of Austria, with the express exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-laws provisions of private international law, in particular the Rome Regulations. The place of jurisdiction shall be the competent court at the registered office of A2A Holding GmbH, Getreidegasse 47, 5020 Salzburg (Austria).

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

14.3. A2A Holding GmbH reserves the right to amend or supplement these Terms and Conditions at any time at its sole discretion. Such amendments or supplements will be communicated to the customer either the next time the customer logs in to the online store or before the customer places another order.

14.4. Should any provision of these General Terms and Conditions be or become, in whole or in part, legally invalid or unenforceable, this shall not affect the validity of the remaining provisions or the formation of a contract. Such a provision shall be deemed replaced by a provision that most closely approximates the economic purpose of the invalid provision and is valid. The same applies in the event that these General Terms and Conditions contain a gap in their provisions.

  1. Legal Notice

Responsible:

A2A Holding GmbH

Getreidegasse 47 Top 15

5020 Salzburg

Austria

www.ARMARGENTUM.com

 

Industrial-scale production and trade of clothing

 

Management: Walter MOSER,

State Court Salzburg

Commercial Register: FN 535967m

VAT ID Number: ATU75713907

 

Here's how you can contact us:

By email: office@ARMARGENTUM.com

We agree to participate in the Internet Ombudsman's mediation process in the event of a dispute: www.ombudsmann.at.

Internet Ombudsman

70/2/10 Margaretenstraße

1050 Vienna

Austria

For more information on the types of proceedings, visit www.ombudsmann.at or consult the respective

Procedural Guidelines:

The OS platform can also be used to resolve disputes with our company: http://ec.europa.eu/odr

You can also submit your complaint directly to us at the email address listed above.

As of September 2020