Terms of service

General Terms and Conditions for the Sale of Goods at a Distance to Consumers

Minimal Fashion

Fynest Agency GmbH

Sparbersbachgasse 20/2
8010 Graz

Tel.: 0660 2110388

E-Mail: hello@fynest.at

1. Scope of application:

1. The following General Terms and Conditions (hereinafter referred to as "GTC") apply to all orders placed in the webshop of minimal Fashion (Fynest Agency GmbH) (hereinafter referred to as "MF") in the version valid at the time of the order. By placing an order, you accept the General Terms and Conditions and are bound by them.
   
2. These GTC shall apply exclusively unless they are amended or supplemented by express written agreement. Deviating, conflicting or supplementary GTC of the Customer shall be excluded - even if MF is aware of them - unless MF expressly acknowledges them in writing.
3. Should individual provisions of these GTC or parts thereof be invalid or unenforceable (for example because they contradict mandatory statutory provisions in whole or in part) or become invalid or unenforceable after conclusion of the contract, this shall not affect the validity of the remainder of the GTC. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the economic objective pursued by the GTC with the invalid or unenforceable provision. The above provisions shall apply accordingly in the event that the GTC prove to be incomplete or contradictory.".

1. Conclusion of the purchase contract and delivery:

1. The presentation of the products in MF's webshop does not constitute a legally binding offer, but a non-binding online catalog. All "offers" and product presentations on the website www.minimal-fashion.eu are therefore subject to change and non-binding.
   
2. By ordering items via the website www.minimal-fashion.eu, you make a binding contractual offer. You will then receive a confirmation by e-mail for an item ordered electronically, which confirms receipt of the order and lists its details (order confirmation). This order confirmation does not constitute a binding acceptance of the order and thus of your offer, but is merely intended to inform customers that the order has been received by MF.
3. The contract with MF is concluded when MF expressly accepts your offer, MF sends you an express confirmation of acceptance.
4. The time and content of the order are stored by MF.
5. MF shall be entitled not to accept a Customer's offer or to accept it only in part, in particular if all or individual items are not available or if the Customer has not (yet) paid invoices for previous purchases. If MF does not (fully) execute an order and thus does not accept a Customer's offer (in whole or in part), the Customer shall be informed of this as soon as possible.
6. In the event of only partial availability of items, you will be informed accordingly. In this case, MF shall be entitled and obliged to merely deliver and invoice the available items which it names to the Customer in the confirmation of acceptance. In addition, MF shall be entitled to make partial deliveries and issue partial invoices. In the event of partial deliveries, MF shall bear the additional postage costs.
7. Should it subsequently transpire that items ordered and/or specified by MF in the confirmation of acceptance are permanently unavailable (i.e. for longer than 4 weeks), MF shall not be obliged to deliver the unavailable item(s) to the Customer. Any services already rendered by the Customer that are attributable to items that are permanently (i.e. longer than 4 weeks) unavailable shall be reimbursed by MF without delay.
8. All items shall be delivered exclusively from MF's business location in 8010 Graz to the delivery address specified by the Customer.
9. If the ordered item(s) is/are in stock, delivery will normally be made within 7 working days of receipt of payment, but in any case within 30 days of receipt of payment.

III Prices:

• All prices listed on the website are gross prices, but do not include packaging and shipping costs or any costs for the selected payment method. Packaging and shipping costs as well as any costs for the selected payment method will be displayed in the order form as part of your order.
  

1. Terms of payment:

1. MF is entitled to send invoices electronically, e.g. by email.
2. The Customer shall select the type of payment within the order form. The order form also shows which payment options are offered by MF for the respective item.
3. The amount of any additional costs will be indicated to the customer when the order is placed.
4. In the event of default of payment, the Customer shall be obliged to reimburse MF for all dunning and collection expenses (including legal fees) incurred by MF as a result of such default of payment. In addition, the Customer shall be obliged to pay default interest at a rate of 12% p.a. in the event of default of payment.5 The goods shall remain the property of MF until the purchase price and all costs and expenses have been paid in full.

1. Shipping, packaging, delivery:

1. Shipping is at the expense and risk of the customer. Shipping costs shall be invoiced separately.
2. MF shall be entitled to choose the packaging and the type of shipment at its own discretion. The Customer expressly agrees to the shipment of the ordered items by post.
3. If the Customer is in default of acceptance or refuses acceptance for reasons for which MF is not responsible, MF shall be entitled to either demand fulfillment or to withdraw from the contract by setting a grace period of 14 days. In both cases MF shall be entitled to full claim for damages.

1. Right of withdrawal of the Customer:

1. If the customer is a consumer within the meaning of the Consumer Protection Act (KSchG), the customer may withdraw from the contract concluded with MF in distance selling within 14 days without giving reasons.
2. In the case of contracts for the delivery of goods, the withdrawal period shall commence on the day of receipt by the customer or a third party named by the customer; in the case of delivery of a single order in several partial shipments, the withdrawal period shall commence on the day on which the customer or a third party named by the customer acquires possession of the last partial shipment.
3. The right of withdrawal does not apply to goods that are manufactured or designed according to customer specifications (e.g. engraved), that are clearly tailored to personal needs, that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that the seal has been removed after delivery.
4. In order to exercise the right of withdrawal, the Customer must inform MF of his decision to withdraw from the contract by means of a clear statement (e.g. a letter sent by post or e-mail to the addresses below). The customer may use the withdrawal form attached to these General Terms and Conditions, but this is not mandatory.
5. In order to comply with the withdrawal period, it is sufficient for the customer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
6. The revocation must be sent exclusively to:

• by post:
      FYNEST
      Fynest Agency GmbH
      Sparbersbachgasse 20/2
  8010 Graz
• E-Mail:
  hello@fynest.at

1. If the Customer withdraws from the contract, MF shall refund all payments including delivery costs (with the exception of any additional costs resulting from the fact that the Customer has chosen a type of delivery other than the standard delivery offered by MF) immediately and at the latest within 14 days from the day on which MF receives notification of the withdrawal from the contract. The same means of payment used for the original transaction shall be used for the repayment, unless expressly agreed otherwise with the Customer. Under no circumstances shall the Customer be charged any fees for this repayment.
2. MF may refuse repayment until it has received the goods back or the Customer has provided proof that it has returned the goods, whichever is the earlier.
3. The Customer shall return the goods to MF without delay and in any case no later than 14 days from the day on which it notified MF of its withdrawal from the contract. Returns are to be addressed exclusively to:
   
   Fynest Agency GmbH
   Sparbersbachgasse 20/2
   8010 Graz
   The deadline is met if the customer dispatches the goods before the deadline expires. The customer shall bear the direct costs of returning the goods.
4. The customer shall be liable 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 functionality of the goods.

VII. Warranty and compensation:

1. The statutory warranty right applies to all items from the MF webshop.
2. If delivered items are defective, the warranty shall be governed by the statutory provisions (24 months from receipt of the items in the case of movable items). In the event that replacement or improvement of the items is not possible, the Customer shall be entitled to a price reduction or rescission of the contract (rescission); however, the Customer may only demand this if the improvement or replacement is impossible, would involve disproportionate expense for MF or in the event that MF does not carry out or refuses the replacement or improvement within a reasonable period of time. The right to rescind the contract (rescission) shall be excluded if the defect is merely minor.
3. Any liability of MF for damages of the Customer for any legal reason whatsoever, including delay, impossibility, poor performance, non-contractual liability, etc. shall be excluded - to the extent permitted by law - in cases of slight negligence. This does not apply to personal injury or damage to items accepted for processing. The existence of gross negligence must be proven by the injured party, unless it is a consumer transaction. MF shall not be liable for the formal or substantive correctness or legality of the information and statements, texts, images, audio and video carriers, etc. contained in the purchased items.
4. MF itself does not provide its customers with any guarantees in the legal sense. Any manufacturer's warranties shall remain unaffected by this.

VIII. Data protection:

1. Your data will be used exclusively in accordance with the applicable statutory provisions of the Austrian Data Protection Act, the EU General Data Protection Regulation (GDPR) and the Austrian Telecommunications Act. In the event of an order, MF will collect, use and store the personal data provided by you for the purpose and duration of proper contract processing (including order, payment and shipping processing).
2. Further information on this can be found in the privacy policy. By placing an order, the customer confirms that they have taken note of the privacy policy.
3. Customers are informed in particular about the following with the data protection declaration:

• The type, scope, duration and purpose of the collection, processing and use of the personal data required for the execution of orders and invoicing;
• The forwarding of data to companies commissioned by MF for the purpose and duration of payment processing and the dispatch of items;
• The right to free information about the personal data stored by MF;
• The right to rectification, erasure and blocking of personal data stored by MF.

1. Any collection, processing and use of personal data beyond the scope of Section 1 requires the express consent of a customer. The customer has the right to revoke any consent given at any time with effect for the future.
   

1. Offsetting:

• Offsetting of claims of the Customer against claims of MF by the Customer shall only be possible if the claims of the Customer have been legally established by a court or have been expressly recognized by MF in writing.

1. Applicable law, place of jurisdiction:

1. Unless otherwise provided for by mandatory law, the place of performance shall be exclusively the registered office of MF in 8010 Graz, Austria.
2. Unless mandatory law provides otherwise, Austrian law shall apply exclusively, to the exclusion of conflict of law rules and the UN Convention on Contracts for the International Sale of Goods.
3. The competent court at MF's registered office shall have exclusive jurisdiction for any disputes. If the Customer is a consumer domiciled in the European Union, it may bring legal action against MF either in Austria or before the courts of the contracting state in whose territory it is domiciled.

1. Final provisions:

• Amendments and supplements to these GTC and all contracts concluded on their basis can only be made in writing. This also applies to any waiver of this formal requirement.