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Terms and Conditions

Preamble

These General Terms and Conditions (hereinafter "GTC") deal with trading via the webshop on the site: www.firusas.com. However, these GTC can also be used in offline trade.

The customers are usually consumers in the sense of § 1 Abs 1 Z 2 KSchG (“Austrian Customer Protection Act”) but also entrepreneurs in the sense of § 1 Abs 1 Z 1 KSchG.

For the sake of better readability, no gender-specific differentiation is made. This is done without any intention of discrimination. All genders are addressed equally.

Scope of application

All business relations between FIRUSAS and the Customer are subject to these GTC in the version applicable at the time of the conclusion of the business transaction. These GTC supersede any general terms and conditions of the Customer.

These GTC may be permanently stored on the Customer's computer and/or printed out by the Customer for the purpose of the online order.

The contractual, ordering and business language is German or English (depending on selection).

Conditions of use of the webshop

In order to be able to purchase goods electronically from FIRUSAS, customers may have to register in the online shop. The customer must provide true and complete information in the course of the business relationship and always keep his data up to date. He must treat his data confidentially and protect it from access by unauthorised persons. If the Customer suspects misuse by third parties, he must inform FIRUSAS immediately.

The Customer must refrain from all measures that could endanger or impair the technical provision of the online shop (including cyber attacks).

Offer to conclude a contract

By clicking on the button "Pay now", the customer places a binding order to conclude a contract with FIRUSAS. FIRUSAS is not obliged to accept this order. Before finally submitting an order, the Customer has the opportunity to check it again for any errors and to correct it if necessary.

FIRUSAS will confirm receipt of an order to the Customer by sending an e-mail to the address provided by the Customer ("Confirmation of receivement"). This e-mail does not constitute acceptance of the order by FIRUSAS.

FIRUSAS reserves the right to check the feasibility of the order within three working days.

FIRUSAS may accept offers by confirming acceptance of the offer in another e-mail ("order confirmation") or by sending the ordered goods. Only then does the contractual relationship with the customer come into effect.

The delivery time is shown in the webshop.

If FIRUSAS is prevented from complying with the delivery period due to force majeure (e.g. natural disasters or epidemics) or delivery bottlenecks of third party suppliers, FIRUSAS shall inform the Customer of this as soon as possible. In these cases, the delivery period shall be extended by the duration of the events.

Legal capacity

If an order is placed via the goods shop, FIRUSAS assumes that the Customer has the necessary legal capacity to conclude the transaction, legally represents the Customer and is authorised to place the order (prima facie power of attorney).

Payment modalities

The prices listed in the goods shop are in EUR - unless another currency is specifically stated.

In case of doubt, VAT is not yet included. The amounts stated at the time of the order shall apply. FIRUSAS will inform the Customer once again of the prices, taxes and shipping costs in the order summary before the order is completed.

The payment methods accepted by FIRUSAS are listed in the web shop.The Customer shall bear the shipping costs, unless otherwise agreed. More detailed information on payment and shipping can be found on the website.

FIRUSAS' receivables shall become due upon invoicing. If the receivables are not paid within 14 days, FIRUSAS will charge 4% per year in statutory interest on arrears from the due date. In the event of default, the Customer undertakes to reimburse FIRUSAS for any reminder and collection costs incurred, insofar as they are necessary for the appropriate prosecution. If the Customer is an entrepreneur, section 456 and section 458 of the Austrian Commercial Code (UGB) shall apply.

Complaints and transport damage

FIRUSAS requests - without prejudice to the right of revocation within the meaning of Section 8 and any warranty rights - that the Customer complain to the delivery agent about delivered goods with obvious transport damage and inform FIRUSAS of this immediately.

Right of withdrawal pursuant FAGG (“Austrian distance selling Act”)

This right of withdrawal only applies to consumers (in the sense of § 1 Abs 1 Z 2 KSchG). The right of withdrawal is excluded with regard to goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that their seal has been removed after delivery. The customer has the right to revoke his contractual declaration or an already concluded contract within fourteen days without giving reasons if the contract was concluded electronically. The withdrawal period is fourteen days from the day on which the consumer or a third party not acting as a carrier and designated by the consumer acquires possession of the goods. In order to exercise the right of withdrawal, the Customer must inform FIRUSAS of the decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). For this purpose, the Customer may use the model withdrawal form, which is listed in Annex I B of the Distance and Off-Site Transactions Act ( HYPERLINK "https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20008847" https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20008847) and can also be accessed on the FIRUSAS website.

A notice of cancellation should be sent to the following address:

VIER JAHRESZEITEN - Modegesellschaft m.b.H.

Vohburgasse 2, 1210 Vienna Tel.: +43-1-256 88 22 Fax: +43-1-256 88 2225 E-mail: office@4jahreszeiten.com

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. If this option is used, a confirmation of receipt of such revocation will be sent to the customer. If the Customer revokes the contractual statement or a contract that has already been concluded, FIRUSAS shall repay all payments that it has already received from the Customer, including the delivery costs (with the exception of additional costs resulting from the fact that the Customer has chosen a type of delivery other than the inexpensive standard delivery offered by FIRUSAS) without undue delay and at the latest within fourteen days from the day on which FIRUSAS received the notification of revocation of this contract. FIRUSAS will use the same means of payment for the repayment that the Customer used for the original transaction; in no case will you be charged any fees due to this repayment.

The direct costs of the return shipment shall be borne by the Customer.

If a loss in value of a good is due to the fact that the good has been used in a way that is not necessary to check its condition, the customer shall be liable for this loss in value.

The Customer shall 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 FIRUSAS was informed of the revocation of this contract. The deadline shall be deemed to have been met if you send the goods before the end of the fourteen-day period. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

Retention of titel

All goods delivered by FIRUSAS shall remain its property until full payment has been made. If the Customer has not taken delivery of the goods as agreed (default of acceptance), FIRUSAS shall be entitled to either store the goods, for which a reasonable storage fee may be charged per calendar year or part thereof, or to deposit the goods in court at the expense and risk of the Customer.

Liability and warranty

The liability of FIRUSAS for slight negligence is excluded.This limitation of liability does not apply with regard to personal injury or for damages under the Austrian Product Liability Act.

Risk transfer

The risk of loss of or damage to the goods shall (only) pass to a consumer when the consumer or a third party authorised by the consumer to receive the goods (who is not the carrier) has taken possession of the goods. If the customer is an entrepreneur, the legal regulations of mail order trade apply.

Data protection

The transfer of data and information to the respective required business partners is permitted to the extent necessary for the fulfilment of the contractual relationship and due to predominantly justified interests (Art 6 para 1 lit b and f GDPR). FIRUSAS further points out that data of the Customer may be processed for advertising purposes on the basis of legitimate interests (Art 6 para 1 lit f GDPR). The Customer may object to this form of data processing at any time (Art 21 (2) GDPR). Further information on the processing of personal data can be found in the privacy policy.

Jurisdiction, Applicable law and dispute Resolution

This contractual relationship is based on Austrian law and this is deemed to be agreed. However, this choice of law must not result in the consumer being deprived of the protection granted to him by the mandatory rules of his country of residence (pursuant Art 6 (2) Rome I Regulation). The application of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention) as well as of reference norms is excluded.

The exclusive place of jurisdiction is Vienna. If the customer is a consumer and has his domicile or habitual residence in Austria or is employed in Austria, the customer may, in derogation thereof, only be sued before the courts in whose jurisdiction his domicile, habitual residence or place of employment is located.

Reference is made to the possibility of dispute resolution by way of an online dispute resolution platform (Art 14 (1) sentence 1 ODR Regulation) ( HYPERLINK "https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE" https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE) and national consumer arbitration boards. FIRUSAS is not willing to participate in a dispute resolution procedure before a consumer arbitration board.

(May 2022)

Information pursuant § 5 ECG, § 25 MedienG und § 14 UGB:

VIER JAHRESZEITEN - Modegesellschaft m.b.H.

Vohburgasse 2, 1210 Wien

Tel.: +43-1-256 88 22

Fax: +43-1-256 88 2225

UID: ATU14385805

Company number: FN 30818 x

Court: Handelsgericht Vienna

Member of the Austrian Chamber: HYPERLINK "https://www.wko.at/"https://www.wko.at/

Supervising authority: Magistrat für den 21. Bezirk

Applicable law: HYPERLINK "https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10007517"https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10007517

Reference is made to the possibility of dispute resolution by way of an online dispute resolution platform (Art 14 (1) sentence 1 ODR Regulation) ( HYPERLINK "https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE" https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE) and national consumer arbitration boards. FIRUSAS is not willing to participate in a dispute resolution procedure before a consumer arbitration board.