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Terms and Conditions

General Terms and Conditions of Use

SHORT OVERVIEW

Be aware that this short overview DOES NOT represent and DOES NOT substitute the GENERAL TERMS AND CONDITIONS which is the basis of any business between you and us!

When you decide to order something – what we hope – all the necessary information is given to you step by step of course.

But as we do with our Policies, we have summed the most important information in a short overview to give you an overview for orientation:

1)  To be able to purchase something, you have to register yourself on this website, for that we need your private data (see: “Privacy Policy”)

2)  the prices include VAT,

3)  within a period of 28 days you may return your purchase,

4)  if you do not choose express delivery, the delivery time should reach you within 5 working days,

5)  you have several possibilities to pay electronically,

GENERAL TERMS AND CONDITIONS

For all legal transactions, e.g. for purchases/gifts/vouchers, you may conclude with this website, the following Terms and Conditions apply:

A)  Your contracting partner for all legal transactions on this website is:

Vier Jahreszeiten Mode GmbH, Niedermoserstraße 14, A – 1220 Vienna,

tax no.: 202 / 1363, VAT-ID: ATU 14385805, company register no.: FN 30818 x,

from here on “Firusas”

B)  For all legal transactions around any purchases/gifts/vouchers you have to be a natural person as well as a consumer according to consumer protection laws of the corresponding countries. In case your qualification to perform legal acts is limited, your legal guardian respectively your parents will be legally liable for any legal consequences. In case your qualification to perform legal transactions is not even limited, no legal transaction can take place, your legal guardian respectively your parents will be legally liable for anything you do.

C)   

For all legal transactions around any purchases/gifts/vouchers you may conclude with this website you need to register yourself on this website, and for that we need your private data (see: “Privacy Policy”). We have to validate your identity, to be sure that it is actually you who concludes any of the legal transaction on this website.

Disclaimer

This webpage is in accordance with Austrian law. Concerning the other member states of the EU, the guidelines of the General Data Protection Rule of the EU and their intentions for the jurisdiction of each member state apply.

For customers in Switzerland you acknowledge explicitly by any interaction with this webpage, that you are bound by Austrian Law, which applies for any contact or interaction with this webpage and any consequent consequences, and that the place of jurisdiction is Vienna.

We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access. If any material on this site, or your use of the site, is contrary to the laws of the place where you are while accessing it, this site is not intended for you, and we ask you to not use this site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them. If you intend to use this site from outside the European Union Countries, you acknowledge explicitly by any interaction with this webpage, that you shall be bound by the laws of Austria in the event of a legal dispute or any issue. You consent to the jurisdiction of the courts in Austria and you represent that you shall conform to the laws of Austria when you use or surf this site.

1.)    Contracting and Delivery

The language of the contract between you and Firusas is English.

By clicking the “Buy Now” button, you are placing a binding order with Firusas for all the items you have placed in your shopping cart. We acknowledge your order by sending an email to the mail address you have provided us with while registering. This does not represent a contract, the contract will be concluded once the goods you have ordered are dispatched.

For the case the item/items you have ordered is/are unavailable, we will inform you as soon as possible, and where payment has already been made, we will refund your payment via the same method you choose without undue delay.

In case we have to procure ordered goods elsewhere, we do not assume the corresponding risk (procurement risk). In such a case we will ask you if you like to reconfirm your order. Should you do so, the procurement risk will pass on to you, and we are solely act as your agent.

For the ordered goods which are in our stock, we will deliver goods which are consistent with your order. The delivery time mentioned is expressed in working days, which do not include weekend or holidays.

Once your Firusas order has been processed, you cannot make changes where the clothing or items are specifically tailored for your personal needs. Where it is a generic apparel or item, you can make changes to your order. 

All prices on this website are given Euro (€, EUR). The prices shown for each product are valid for the day where you place your order. The prices shown are final prices and include value added tax (VAT) at the applicable statutory rate. The prices do not include delivery costs.

The applicable delivery costs will be shown before you place your binding order. Should you not be able to see delivery costs, that does not mean that there are no delivery costs, except in cases where they are explicitly revoked. In the case they are not shown, our usual delivery costs are charged.

For purchases of over 200.- €, the delivery is free.

Normal delivery time should be 2 - 4 working days. In case of excessive delay, a refund may be possible. Please contact us in case of excessive delay

For some goods an express delivery is available, that option and it´s price which will be shown before you place your binding order. The delivery time for express delivery is 1 - 2 working days. In case the delivery time is not met, we will refund the delivery costs to you.

The delivery will be effected from our warehouse, to the address you have given to us. In case your order cannot be delivered, we will charge you with all corresponding delivery costs.

The goods remain our property until they have been paid in full.

2.)    Payment

You can pay via the following payment methods

-          Advance payment

-          Cash on delivery

-          debit card

-          credit card

-          electronic payment through the services listed in the order form

-          for regular customers we accept payment on invoice

We have the right not to accept certain payment methods for a given order and to refer you to other payment methods.

Where we cannot accept payments from certain accounts, we will inform as soon as possible and refer you to other payment methods, where possible.

The costs for any money transactions (apart from listed electronic payment services) will have to be born by you.

If you choose to pay via credit card, your card will be charged when we ship your order.

In case where we have granted payment on invoice, we have the right to charge a fixed late payment fee of € 5,00 per reminder if you default on payment.

3.)    Vouchers and their redemption

In the course of marketing campaigns we may issue vouchers. These vouchers cannot be bought, and are only valid for a certain period of time.

These vouchers can be redeemed only once and only within the period of validity. Please read the terms of the vouchers carefully, because it is possible that certain products or brands are exempt from redemption, or other requirements apply.

The value of the the chosen products must be equal or in access of the value of the voucher, because we do not refund or credit unused voucher credit. In case you wish to buy goods of a value higher than the voucher, you may pay the difference using any of the accepted payment methods.

The value of the voucher will not be paid out, does not accrue interest, and they will not be refunded should you choose to return the chosen product.

You have to redeem the voucher before you you place your binding order, a redemption after ordering is not possible. Vouchers cannot be transferred to third persons or parties, and they cannot be combined without our expressive and written permission.

4.)    Gift vouchers and their redemption

You may purchase gift vouchers via our website. They are valid for products of this website only, and they cannot be used to buy other gift vouchers.

In case the recipient of the voucher likes to order goods with a value higher than the voucher, the difference must be paid using any of the accepted payment methods.

You have to redeem the voucher before you you place your binding order, a redemption after ordering is not possible. The value of the voucher will not be paid out, nor does it accrue interest.

5.)    Your Right of revocation of purchases of Firusas

In sum, you have 28 calendar days, before you have to send us the goods back.

Within 14 calendar (!) days, you have the right to to revoke your purchase at Firusas. This period starts with you acquiring your order, or a third party other than the carrier, or if your acceptance or that of a third party other than the carrier can be assumed according to legal provisions. 

Within another 16 further calendar days, the return goods have to be irrevocable shipped to us.

To exercise your right of revocation, you have to inform us accordingly.

The best way to do so, is to use the return voucher which you can find in your order, and we really urge you to use that voucher in order to save time and costs. But not using that voucher does not affect your right of revocation.

You may also find a return voucher on our website: www.firusas.com

You may also

-          call us: +43-1-256 88 22

-          send us a mail: customerservice@firusas.com

-          or send us a letter: Vier Jahreszeiten Mode GmbH, Niedermoserstraße 14, A – 1220 Vienna

But please be aware that you have to make sure to meet the expiry deadline of 14 calendar (!) days for revocation, and the 16 calendar days to irrevocable send the goods back to us!

Send returns to:

Vier Jahreszeiten Mode GmbH

Niedermoserstrasse 14,

1220 Wien (Vienna)

Austria.

We carry the costs of the return shipment. Exempt from that are shipments which are not sent from the same place where you picked it up, as well as all shipment modes which exceed the lowest available rate.

Revocation instruction

Once you exercise your right of revocation within the deadline, we will reimburse you all payments in connection with your revocation, including the shipment costs (exempt are the terms noted above) within 14 days after receiving your revocation.

We will reimburse you the same way you effected payment to us. If you used a gift voucher, we will issue an according new gift voucher to you.

We will reimburse you once we have received your revocation shipment.

You have to carry a possible loss of value of the goods only in case your assessment of the quality, the properties and functionality of the goods exceeds the customary handling of the goods.

You have no right to revoke goods 

  • which were ordered to your specifications, or were tailored to your personal needs,
  • which were not purchased directly from  https://firusas.com/,
  • which were delivered with a seal, and cannot be taken back for hygienic reasons, or for health protection reasons, in as far as the seal has been broken after receipt. 

6.) Passwords

You are responsible for maintaining the confidentiality of your passwords, and you are responsible for all activities that occur using your passwords or accounts. You agree not to share your passwords, let anyone else access your passwords or do anything else that might jeopardize the security of your passwords. You agree to notify Firusas if there is any unauthorized use of your password or if you know of any other breach of security in relation to the Services.

7.) Changes

Firusas may add to, change or remove any part of the site, including, without limitation, any content at any time without prior notice to you.

8.)    Third-Party Beneficiary:

User agrees that Firusas service providers, licensors, or others involved in creating or providing the Applications or other Services are third party beneficiaries to this Terms and Conditions of Use and may rely upon the provisions of these Terms in enforcing a right or defending a claim.

9.) Linked Websites

https://firusas.com/  may contain links to third party websites that are not owned or controlled by Firusas. Those links are provided for convenience only and may not remain current or be maintained. Firusas has no control over and assumes no responsibility for, the content, quality, suitability, functionality, legality, privacy policies, or practices of any Linked Websites. You acknowledge and agree that Firusas is not responsible for the content or privacy practices associated with Linked Websites and it is your responsibility to review those policies before accessing those sites. If you access a Linked Website, you do so at your own risk.

10.) Limitation of Liability

Firusas shall not be liable to you or any third party for any economic damages arising from the use of the Site, other services or content, the inability to use the Site or other services or content, or device failure or malfunction, including but not limited to direct, indirect, special, incidental, consequential, punitive, exemplary or other economic damages, including, without limitation, damages for loss of goodwill, or lost profits, even if a Firusas employee  or staff or co-owner has been advised of the possibility of such economic damages. If, notwithstanding the foregoing, a Firusas employee or staff or co-owner is found to be liable for any economic damage or loss which arises under or in connection with your use of the Site or other services, the relevant Firusas employee or staff or co-owner’s total cumulative liability shall not exceed the greater of:

a)       the amount you paid Firusasfor the products or goods, as applicable; or

b)      the sum of one hundred euros. This limitation expressly applies only to economic damages arising from the use of the Site, other services or content and does not apply to personal injury or any injury caused by alleged fraud.

11.) Your Use of Firusas

Firusas hereby grants you permission to use the website as set forth in these Terms subject to the following conditions:

             i.            You will not distribute or copy any part of the Website in any medium without Firusas prior written consent;

                   ii.            You will not change or amend any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose;

                 iii.            You will otherwise comply with the terms and conditions of these Terms and Conditions of Use;

                 iv.            You agree to and shall provide accurate, current, and complete information as required for the purchase of the products and Services. Firusas reserves the right to block further sales to customers who provide false, invalid or incomplete data.

                   v.            You hereby represent and warrant that you will not, and will not induce any third party to:

a)   attempt to disable or circumvent any security mechanisms used by the Services or Content or otherwise attempt to gain unauthorized access to any portion of the Services or Content or any other systems or networks connected to the Site, or to any server of Firusas or its third-party service providers, by hacking, password “mining”, or any other illegal means,

b)  use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Services or Content,

c)   use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Services or with any other person’s use of the Services,

d)  attempt to damage, disable, overburden, or impair Firusas servers or networks;

e)  attempt to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

f)        interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; track or seek to trace any information on any other person who visits the Site or uses our Services,

g)   harass, abuse, stalk, or threaten, defame any person, or otherwise infringes or violates the rights of any person (including but not limited to rights of publicity or other proprietary rights); or do anything else which is unlawful, fraudulent, or deceptive;

h)  use the Services or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations, or

i)        copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the Site, Applications, Services, or Content,

j)        remove any copyright, trademark, or other proprietary rights notice from the Site or materials originating from the Site,

k)   misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make.

12.) User-Generated Content

You may generate content, written or otherwise, while using the Services. You acknowledge and agrees that User-Generated Content may be used, reproduced, displayed, modified, deleted, added too, adapted, and published by Firusas (for example, in product marketing campaigns). User grants Firusas and its successors a global; irrevocable; transferable; sub-licensable; fully-paid and royalty-free; and non-exclusive license to use, reproduce, display, modify, delete from, add to, adapt, publish, and prepare derivative works from the User-Generated Information. User further acknowledges and agrees that the User, and the User alone, is responsible for the development of User-Generated Content.

13.) Your intellectual property

Where you believe your intellectual property has been improperly posted or distributed via the Site, please notify us by sending an email to store@firusas.com

Your notice to us must include the following information:

(1) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work allegedly infringed;

(2) (2) a description of the copyrighted work or works that allegedly have been infringed;

(3) a description of where on the Site the allegedly infringing material appears that will allow us to locate the material;

(4) your contact information, including your address, telephone number, and, if available, email address;

(5) a statement by you that you have a good faith belief that the allegedly infringing use has not been authorized by the copyright owner, its agent, or the law; and

(6) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.

14.) Product ideas and submissions

Firusas and its personnel do not accept or consider unsolicited ideas, including, without limitation, ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Submissions”) in any form to Firusas or any of its employees. The sole purpose of this Term is to avoid potential misunderstandings or disputes when any of Firusas products, services or marketing strategies might seem similar to ideas submitted to Firusas. If, despite our request that you not send us your ideas, you still submit them, then regardless of what your correspondence says, the following terms shall apply to your Submissions. You agree that:

a.   Any Submission (including its complete contents) by you to Firusas will automatically become the property of Firusas, without any compensation to you;

b.   Firusas may use or redistribute any Submission and its contents for any purpose and in any way, without any compensation to you;

c.   Firusas has no obligation to review any Submission; and

d.   Firusas has no obligation to keep any Submission confidential, and no confidential relationship may be established by or inferred from any such Submissions to, or the consideration of your Submissions by, Firusas.

15.) Our Intellectual Property

Trademarks, logos, and service marks displayed on this Site are registered and unregistered trademarks of Firusas, their licensors or content providers, or other third parties. All of these trademarks, logos, and service marks are the property of their respective owners. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the Site without the owner’s prior written permission, except as otherwise described herein. Firusas reserves all rights not expressly granted in and to the Site and its content. This Site and all of its content, including but not limited to text, design, graphics, interfaces, and code, and the selection and arrangement thereof, are protected by copyright, trademark, patent and other intellectual property and proprietary rights which are reserved to Firusas and its licensors.

16.) User License

Conditional to your compliance with these Terms, Firusas grants you a limited, personal, revocable, non-transferable, non-sub-licensable, and non- exclusive license to access the Services and use the content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed through the site (collectively, the “Content”), solely for your personal, non-commercial use. You may not copy, modify, reproduce, publicly display or perform, distribute, or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Content. If you breach any term of this Agreement, your authorization to use the Services and Content automatically terminates without notice to you.

17.) Termination of your use of the site

Firusas may issue a warning, temporarily suspend, indefinitely suspend or terminate any Customer’s right to use or access all or any part of the Site or other Services including any account thereon, without notice, for any reason in Firusas’s sole discretion, including without limitation breach of this Agreement, if Firusas Fashion Store’s believes that such access would violate any applicable law, rule or regulation or would be harmful to the interests of, or potentially cause financial loss or legal liability to Firusas or another user of the Services.

18.) Indemnity

User agrees to indemnify Firusas, its subsidiaries and affiliates, and their officers, agents, attorneys and employees, for any breach or alleged breach of Firusas terms and conditions of use and other policies and any loss, liability, expense including legal fees and other expenses and claim of third parties arising from the breach or alleged breach. Firusas reserves the right to control the defense and settlement of any third-party claim for which a User indemnifies Firusas under these Terms, and the User will assist Firusas in exercising such rights.

19.) Disclaimer

This Site is provided on an “as is” and “as available” basis. We reserve the right to restrict or terminate your access to the Site or any feature or part thereof at any time. Firusas expressly disclaims (1) all representations, warranties and conditions, whether expressed or implied, including, without limitation, the implied warranties of non-infringement, title, merchantability, and fitness for a particular purpose; (2) does not represent or warrant that the Site, content, or services will meet your requirements, or that the operation of the Site or services will be timely, uninterrupted, stable, or secure; (3) does not represent or warrant that the Site, content, or services will be error-free or that any defects will be corrected; and (4) does not make any representations or warranties or conditions regarding the use of the Site, services or content in terms of their accuracy, reliability, timeliness, completeness, or otherwise. Your use of the Site, services and content is entirely at your sole risk.  No oral or written information or advice given by Firusasor any person on behalf of Firusasshall create a warranty or condition or in any way change this exclusion of warranty/disclaimer. Nothing in this section shall exclude or limit the Firusasparties’ warranties, representations or conditions to the extent they may not be lawfully excluded or limited by applicable law, in which case, such warranties, representations or conditions will be excluded and limited to the greatest extent permitted by applicable law.