§ 1 SCOPE OF APPLICATION

1.1 THESE GENERAL TERMS AND CONDITIONS OF BUSINESS (HEREINAFTER REFERRED TO AS “TERMS AND CONDITIONS”) OF FOUREYED CLOTHING GMBH (HEREINAFTER REFERRED TO AS “SELLER”) SHALL APPLY TO ALL CONTRACTS FOR THE DELIVERY OF GOODS WHICH A CONSUMER OR ENTREPRENEUR (HEREINAFTER REFERRED TO AS “CUSTOMER”) CONCLUDES WITH THE SELLER WITH REGARD TO THE GOODS PRESENTED BY THE SELLER IN ITS ONLINE SHOP. THE INCLUSION OF THE CUSTOMER’S OWN TERMS AND CONDITIONS IS HEREBY REJECTED, UNLESS OTHERWISE AGREED..

1.2 CONSUMER IN THE SENSE OF THESE GENERAL TERMS AND CONDITIONS IS EVERY NATURAL PERSON WHO CONCLUDES A LEGAL TRANSACTION FOR THE PURPOSE OF A LEGAL TRANSACTION, WHICH PREDOMINANTLY CAN NEITHER BE ATTRIBUTED TO HIS COMMERCIAL NOR HIS INDEPENDENT PROFESSIONAL ACTIVITY. ENTREPRENEUR WITHIN THE MEANING OF THESE TERMS AND CONDITIONS IS A NATURAL OR LEGAL PERSON OR A PARTNERSHIP WITH LEGAL CAPACITY WHO, UPON CONCLUSION OF A LEGAL TRANSACTION, ACTS IN THE EXERCISE OF HIS COMMERCIAL OR INDEPENDENT PROFESSIONAL ACTIVITY.

§ 2 CONCLUSION OF CONTRACT

2.1 THE PRODUCT DESCRIPTIONS CONTAINED IN THE SELLER’S ONLINE SHOP DO NOT CONSTITUTE BINDING OFFERS ON THE PART OF THE SELLER, BUT SERVE TO MAKE A BINDING OFFER BY THE CUSTOMER.

2.2 THE CUSTOMER MAY SUBMIT THE OFFER VIA THE ONLINE ORDER FORM INTEGRATED IN THE ONLINE SHOP OF THE SELLER. IN DOING SO, THE CUSTOMER, AFTER PLACING THE SELECTED GOODS IN THE VIRTUAL SHOPPING CART AND GOING THROUGH THE ELECTRONIC ORDERING PROCESS, SUBMITS A LEGALLY BINDING CONTRACTUAL OFFER WITH REGARD TO THE GOODS CONTAINED IN THE SHOPPING CART BY CLICKING THE BUTTON CONCLUDING THE ORDERING PROCESS.

2.3 THE SELLER CAN ACCEPT THE CUSTOMER’S OFFER WITHIN FIVE DAYS,

– BY SENDING THE CUSTOMER A WRITTEN ORDER CONFIRMATION OR AN ORDER CONFIRMATION IN TEXT FORM (FAX OR E-MAIL), WHEREBY THE RECEIPT OF THE ORDER CONFIRMATION BY THE CUSTOMER IS DECISIVE, OR
– BY DELIVERING THE ORDERED GOODS TO THE CUSTOMER, WHEREBY THE RECEIPT OF THE GOODS BY THE CUSTOMER IS DECISIVE, OR
– BY REQUESTING PAYMENT FROM THE CUSTOMER AFTER THE ORDER HAS BEEN PLACED.

IF THERE ARE SEVERAL OF THE AFOREMENTIONED ALTERNATIVES, THE CONTRACT IS CONCLUDED AT THE POINT IN TIME AT WHICH ONE OF THE AFOREMENTIONED ALTERNATIVES OCCURS FIRST. THE PERIOD FOR ACCEPTANCE OF THE OFFER BEGINS ON THE DAY AFTER THE CUSTOMER HAS SENT THE OFFER AND ENDS WITH THE EXPIRY OF THE FIFTH DAY FOLLOWING THE SENDING OF THE OFFER. IF THE SELLER DOES NOT ACCEPT THE CUSTOMER’S OFFER WITHIN THE AFOREMENTIONED PERIOD, THIS SHALL BE DEEMED A REJECTION OF THE OFFER WITH THE CONSEQUENCE THAT THE CUSTOMER IS NO LONGER BOUND BY HIS DECLARATION OF INTENT.

2.4 IF THE PAYMENT METHOD “PAYPAL EXPRESS” IS SELECTED, THE PAYMENT WILL BE PROCESSED VIA THE PAYMENT SERVICE PROVIDER PAYPAL (EUROPE) S.À R.L. ET CIE, S.C.A., 22-24 BOULEVARD ROYAL, L-2449 LUXEMBOURG (HEREINAFTER REFERRED TO AS “PAYPAL”), SUBJECT TO THE PAYPAL TERMS OF USE, AVAILABLE AT OR – IF THE CUSTOMER DOES NOT HAVE A PAYPAL ACCOUNT – SUBJECT TO THE TERMS FOR PAYMENTS WITHOUT A PAYPAL ACCOUNT, AVAILABLE AT. IF THE CUSTOMER SELECTS “PAYPAL EXPRESS” AS PAYMENT METHOD DURING THE ONLINE ORDER PROCESS, HE/SHE ALSO PLACES A PAYMENT ORDER WITH PAYPAL BY CLICKING THE BUTTON WHICH CONCLUDES THE ORDER PROCESS. IN THIS CASE, THE SELLER DECLARES THE ACCEPTANCE OF THE CUSTOMER’S OFFER AT THE MOMENT THE CUSTOMER INITIATES THE PAYMENT PROCESS BY CLICKING THE BUTTON CONCLUDING THE ORDER PROCESS.

2.5 BEFORE BINDING SUBMISSION OF THE ORDER VIA THE SELLER’S ONLINE ORDER FORM, THE CUSTOMER CAN IDENTIFY POSSIBLE INPUT ERRORS BY CAREFULLY READING THE INFORMATION DISPLAYED ON THE SCREEN. AN EFFECTIVE TECHNICAL MEANS FOR BETTER RECOGNITION OF INPUT ERRORS CAN BE THE ENLARGEMENT FUNCTION OF THE BROWSER, WHICH HELPS TO ENLARGE THE DISPLAY ON THE SCREEN. WITHIN THE ELECTRONIC ORDERING PROCESS, THE CUSTOMER CAN CORRECT HIS ENTRIES USING THE USUAL KEYBOARD AND MOUSE FUNCTIONS UNTIL HE CLICKS ON THE BUTTON THAT CONCLUDES THE ORDERING PROCESS.

2.6 THE ENGLISH LANGUAGES ARE AVAILABLE FOR THE CONCLUSION OF THE CONTRACT.

2.7 THE ORDER PROCESSING AND CONTACT ARE USUALLY CARRIED OUT BY E-MAIL AND AUTOMATED ORDER PROCESSING. THE CUSTOMER MUST ENSURE THAT THE E-MAIL ADDRESS PROVIDED BY HIM FOR ORDER PROCESSING IS CORRECT, SO THAT E-MAILS SENT BY THE SELLER CAN BE RECEIVED AT THIS ADDRESS. IN PARTICULAR, WHEN USING SPAM FILTERS, THE CUSTOMER SHALL ENSURE THAT ALL E-MAILS SENT BY THE SELLER OR THIRD PARTIES COMMISSIONED BY THE SELLER WITH THE PROCESSING OF THE ORDER CAN BE DELIVERED.

§ 3 RIGHT OF REVOCATION

3.1 CONSUMERS ARE GENERALLY ENTITLED TO A RIGHT OF REVOCATION.

3.2 MORE DETAILED INFORMATION ON THE RIGHT OF REVOCATION IS CONTAINED IN THE SELLER’S REVOCATION INSTRUCTIONS.

§ 4 PRICES AND TERMS OF PAYMENT

4.1 UNLESS OTHERWISE STATED IN THE SELLER’S PRODUCT DESCRIPTION, THE PRICES QUOTED ARE TOTAL PRICES WHICH INCLUDE STATUTORY SALES TAX. ADDITIONAL DELIVERY AND SHIPPING COSTS, IF ANY, WILL BE INDICATED SEPARATELY IN THE RESPECTIVE PRODUCT DESCRIPTION.

4.2 THE CUSTOMER WILL BE INFORMED OF THE PAYMENT OPTION/S IN THE ONLINE SHOP OF THE SELLER.

4.3 IF PAYMENT IN ADVANCE BY BANK TRANSFER HAS BEEN AGREED UPON, PAYMENT SHALL BE DUE IMMEDIATELY AFTER THE CONCLUSION OF THE CONTRACT, UNLESS THE PARTIES HAVE AGREED UPON A LATER DUE DATE.

4.4 IF PAYMENT IS MADE BY MEANS OF A PAYMENT METHOD OFFERED BY PAYPAL, PAYMENT SHALL BE PROCESSED VIA THE PAYMENT SERVICE PROVIDER PAYPAL (EUROPE) S.À R.L. ET CIE, S.C.A., 22-24 BOULEVARD ROYAL, L-2449 LUXEMBOURG (HEREINAFTER REFERRED TO AS “PAYPAL”), SUBJECT TO THE PAYPAL TERMS OF USE, AVAILABLE ATOR – IF THE CUSTOMER DOES NOT HAVE A PAYPAL ACCOUNT – SUBJECT TO THE TERMS FOR PAYMENTS WITHOUT A PAYPAL ACCOUNT, AVAILABLE AT.

4.5 IF THE CREDIT CARD PAYMENT METHOD VIA STRIPE IS SELECTED, THE INVOICE AMOUNT SHALL BE DUE IMMEDIATELY UPON CONCLUSION OF THE CONTRACT. PAYMENT IS PROCESSED VIA THE PAYMENT SERVICE PROVIDER STRIPE PAYMENTS EUROPE LTD., 1 GRAND CANAL STREET LOWER, GRAND CANAL DOCK, DUBLIN, IRELAND (HEREINAFTER REFERRED TO AS “STRIPE”). STRIPE RESERVES THE RIGHT TO CARRY OUT A CREDIT ASSESSMENT AND TO REFUSE THIS METHOD OF PAYMENT IF THE CREDIT ASSESSMENT IS NEGATIVE.

4.6 IF A PAYMENT METHOD OFFERED VIA THE PAYMENT SERVICE “KLARNA” IS SELECTED, PAYMENT WILL BE PROCESSED VIA KLARNA BANK AB (PUBL), SVEAVÄGEN 46, 111 34 STOCKHOLM, SWEDEN (HEREINAFTER “KLARNA”). FURTHER INFORMATION AND KLARNA’S TERMS AND CONDITIONS ARE SET OUT IN THE SELLER’S PAYMENT INFORMATION, WHICH IS AVAILABLE AT THE FOLLOWING INTERNET ADDRESS WWW.KLARNA.COM

§ 5 DELIVERY AND SHIPPING CONDITIONS

5.1 THE DELIVERY OF GOODS IS CARRIED OUT BY DISPATCH TO THE DELIVERY ADDRESS INDICATED BY THE CUSTOMER, UNLESS OTHERWISE AGREED. IN THE PROCESSING OF THE TRANSACTION, THE DELIVERY ADDRESS INDICATED IN THE SELLER’S ORDER PROCESSING IS DECISIVE.

5.2 IF THE DELIVERY OF THE GOODS FAILS FOR REASONS FOR WHICH THE CUSTOMER IS RESPONSIBLE, THE CUSTOMER SHALL BEAR THE REASONABLE COSTS INCURRED BY THE SELLER AS A RESULT. THIS SHALL NOT APPLY WITH REGARD TO THE COSTS OF THE DELIVERY IF THE CUSTOMER EFFECTIVELY EXERCISES HIS RIGHT OF REVOCATION. WITH REGARD TO THE COSTS FOR THE RETURN SHIPMENT, IF THE CUSTOMER EFFECTIVELY EXERCISES HIS RIGHT OF REVOCATION, THE PROVISION MADE IN THE SELLER’S REVOCATION INSTRUCTION SHALL APPLY.

5.3 SELF-COLLECTION IS NOT POSSIBLE FOR LOGISTICAL REASONS.

§ 6 RETENTION OF TITLE

IF THE SELLER MAKES ADVANCE PAYMENT, THE SELLER RESERVES THE RIGHT OF OWNERSHIP OF THE DELIVERED GOODS UNTIL THE PURCHASE PRICE OWED HAS BEEN PAID IN FULL.

§ 7 LIABILITY FOR DEFECTS (WARRANTY)

7.1 IF THE PURCHASED ITEM IS DEFECTIVE, THE PROVISIONS OF THE STATUTORY LIABILITY FOR DEFECTS SHALL APPLY.

7.2 THE CUSTOMER IS REQUESTED TO COMPLAIN TO THE DELIVERER ABOUT DELIVERED GOODS WITH OBVIOUS TRANSPORT DAMAGES AND TO INFORM THE SELLER ABOUT THIS. IF THE CUSTOMER DOES NOT COMPLY WITH THIS, THIS HAS NO EFFECT ON HIS LEGAL OR CONTRACTUAL CLAIMS FOR DEFECTS.

7.3 THE SELLER IS NOT THE ORIGINAL MANUFACTURER, THEREFORE IS THE SELLER FOR CERTAIN PRODUCTION OR QUALITY FAILURES NOT RESPONSIBLE. NEVERTHELESS, THE SELLER WILL ENSURE THE BEST OUTCOME FOR THE COSTUMERS.

§ 10 APPLICABLE LAW

ALL LEGAL RELATIONS BETWEEN THE PARTIES SHALL BE GOVERNED BY THE LAWS OF THE REPUBLIC OF AUSTRIA, EXCLUDING THE LAWS ON THE INTERNATIONAL SALE OF MOVABLE GOODS. IN THE CASE OF CONSUMERS, THIS CHOICE OF LAW APPLIES ONLY INSOFAR AS THE PROTECTION GRANTED IS NOT WITHDRAWN BY MANDATORY PROVISIONS OF THE LAW OF THE STATE IN WHICH THE CONSUMER HAS HIS HABITUAL RESIDENCE.

§ 11 PLACE OF JURISDICTION

IF THE CUSTOMER ACTS AS A MERCHANT, LEGAL ENTITY UNDER PUBLIC LAW OR SPECIAL FUND UNDER PUBLIC LAW WITH ITS REGISTERED OFFICE IN THE SOVEREIGN TERRITORY OF THE REPUBLIC OF AUSTRIA, THE EXCLUSIVE PLACE OF JURISDICTION FOR ALL DISPUTES ARISING FROM THIS CONTRACT SHALL BE THE SELLER’S REGISTERED OFFICE. IF THE CUSTOMER IS DOMICILED OUTSIDE THE SOVEREIGN TERRITORY OF THE REPUBLIC OF AUSTRIA, THE SELLER’S PLACE OF BUSINESS SHALL BE THE EXCLUSIVE PLACE OF JURISDICTION FOR ALL DISPUTES ARISING FROM THIS AGREEMENT, IF THE AGREEMENT OR CLAIMS ARISING FROM THE AGREEMENT CAN BE ATTRIBUTED TO THE CUSTOMER’S PROFESSIONAL OR COMMERCIAL ACTIVITY. IN THE ABOVE CASES, HOWEVER, THE SELLER SHALL IN ANY EVENT BE ENTITLED TO BRING ANY ACTION BEFORE THE COURT AT THE CUSTOMER’S PLACE OF BUSINESS.

§ 12 ALTERNATIVE DISPUTE RESOLUTION

12.1 THE EU COMMISSION PROVIDES A PLATFORM FOR ONLINE DISPUTE RESOLUTION ON THE INTERNET UNDER THE FOLLOWING LINK:

THIS PLATFORM SERVES AS A STARTING POINT FOR THE OUT-OF-COURT SETTLEMENT OF DISPUTES ARISING FROM ONLINE PURCHASE OR SERVICE CONTRACTS IN WHICH A CONSUMER IS INVOLVED.

12.2 THE SELLER IS NEITHER OBLIGED NOR WILLING TO PARTICIPATE IN DISPUTE RESOLUTION PROCEEDINGS BEFORE A CONSUMER DISPUTE RESOLUTION SERVICE

REVOCATION INSTRUCTION & REVOCATION FORM

CONSUMERS HAVE THE RIGHT OF REVOCATION ACCORDING TO THE FOLLOWING CONDITIONS, WHEREBY A CONSUMER IS ANY NATURAL PERSON WHO CONCLUDES A LEGAL TRANSACTION FOR A PURPOSE THAT CANNOT BE ATTRIBUTED TO HIS COMMERCIAL OR INDEPENDENT PROFESSIONAL ACTIVITY:

A. REVOCATION INSTRUCTION

RIGHT OF REFUSAL
YOU HAVE THE RIGHT TO WITHDRAW FROM THIS CONTRACT WITHIN FOURTEEN DAYS WITHOUT GIVING REASONS.
THE WITHDRAWAL PERIOD SHALL BE FOURTEEN DAYS FROM THE DATE ON WHICH YOU OR A THIRD PARTY OTHER THAN THE CARRIER AND DESIGNATED BY YOU TOOK POSSESSION OF THE LAST GOODS.
IN ORDER TO EXERCISE YOUR RIGHT OF CANCELLATION, YOU MUST INFORM US (FOUREYED CLOTHING GMBH, Rothschildplatz 2, 1020 VIENNA, AUSTRIA, E-MAIL: Support@forueyedclo.com) BY MEANS OF A CLEAR STATEMENT (E.G. A LETTER OR E-MAIL SENT BY POST) OF YOUR DECISION TO CANCEL THIS CONTRACT. YOU MUST USE THE ATTACHED MODEL WITHDRAWAL FORM.

IN ORDER TO COMPLY WITH THE WITHDRAWAL PERIOD, IT IS SUFFICIENT TO SEND THE NOTICE OF EXERCISE OF THE RIGHT OF WITHDRAWAL BEFORE THE END OF THE WITHDRAWAL PERIOD.

CONSEQUENCES OF THE REVOCATION
IF YOU WITHDRAW FROM THIS AGREEMENT, WE SHALL REFUND TO YOU ALL PAYMENTS WE HAVE RECEIVED FROM YOU, INCLUDING DELIVERY CHARGES (EXCLUDING ANY ADDITIONAL CHARGES RESULTING FROM YOUR CHOICE OF A DIFFERENT METHOD OF DELIVERY FROM THE CHEAPEST STANDARD DELIVERY OFFERED BY US), IMMEDIATELY AND NO LATER THAN FOURTEEN DAYS FROM THE DATE WE RECEIVE NOTICE OF YOUR WITHDRAWAL FROM THIS AGREEMENT. FOR THIS REPAYMENT WE WILL USE THE SAME MEANS OF PAYMENT THAT YOU USED FOR THE ORIGINAL TRANSACTION, UNLESS EXPRESSLY AGREED OTHERWISE WITH YOU; IN NO CASE WILL YOU BE CHARGED FOR THIS REPAYMENT. WE MAY REFUSE REPAYMENT UNTIL WE HAVE RECEIVED THE GOODS OR UNTIL YOU HAVE PROVIDED EVIDENCE THAT YOU HAVE RETURNED THE GOODS, WHICHEVER IS EARLIER.
YOU MUST RETURN OR HAND OVER THE GOODS TO US WITHOUT DELAY AND IN ANY CASE WITHIN FOURTEEN DAYS AT THE LATEST FROM THE DATE ON WHICH YOU INFORM US OF THE CANCELLATION OF THIS CONTRACT. THIS PERIOD SHALL BE DEEMED TO HAVE BEEN OBSERVED IF YOU DISPATCH THE GOODS BEFORE THE EXPIRY OF THE PERIOD OF FOURTEEN DAYS.
YOU SHALL BEAR THE DIRECT COSTS OF RETURNING THE GOODS.
YOU SHALL ONLY BE LIABLE FOR ANY LOSS OF VALUE OF THE GOODS IF THIS LOSS OF VALUE IS DUE TO A HANDLING OF THE GOODS WHICH IS NOT NECESSARY FOR THE EXAMINATION OF THE CONDITION, PROPERTIES AND FUNCTIONALITY OF THE GOODS.

EXCLUSION OR PREMATURE EXPIRATION OF THE RIGHT OF REVOCATION
THE RIGHT OF REVOCATION DOES NOT APPLY TO CONTRACTS FOR THE DELIVERY OF GOODS WHICH ARE NOT PREFABRICATED AND FOR THE PRODUCTION OF WHICH AN INDIVIDUAL SELECTION OR DETERMINATION BY THE CONSUMER IS DECISIVE OR WHICH ARE CLEARLY TAILORED TO THE PERSONAL NEEDS OF THE CONSUMER. THE RIGHT OF REVOCATION DOES NOT APPLY TO CONTRACTS FOR THE DELIVERY OF GOODS WHOSE PRICE DEPENDS ON FLUCTUATIONS IN THE FINANCIAL MARKET OVER WHICH THE COMPANY HAS NO INFLUENCE AND WHICH MAY OCCUR WITHIN THE REVOCATION PERIOD.

GENERAL INFORMATION
1) PLEASE AVOID DAMAGING OR CONTAMINATING THE GOODS. PLEASE RETURN THE GOODS TO US IN THEIR ORIGINAL PACKAGING WITH ALL ACCESSORIES AND WITH ALL PACKAGING COMPONENTS. USE THEM IF NECESSARY. USE A PROTECTIVE OUTER PACKAGING.
2) PLEASE DO NOT RETURN THE GOODS TO US FREIGHT COLLECT.
3) PLEASE NOTE THAT THE AFOREMENTIONED NUMBERS 1-2 ARE NOT A PREREQUISITE FOR THE EFFECTIVE EXERCISE OF THE RIGHT OF REVOCATION.

IF YOU WANT TO CANCEL THE CONTRACT, PLEASE FILL OUT THIS FORM AND SEND IT BACK TO

FOUREYED CLOTHING GMBH
ROTHSCHILDPLATZ 2, 1020 VIE
AUSTRIA