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GENERAL BUSINESS TERMS OF THE WOLFORD ONLINE BOUTIQUE FOR UNITED KINGDOM
Shopping 24 hours a day in the Wolford Online-Boutique - 24 hours a day, 7 days a week at: www.wolfordshop.co.uk (the "website"). While we endeavour to ensure that the website is available 24 hours a day, we shall not be liable if, for any reason, the website is unavailable at any time or for any period. Access to the website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for other reasons beyond our control.
If you have any questions please do not hesitate to contact us by telephone
from Monday to Friday on 0800 27 98 279 (freecall)
You can also contact us at all times by e-mail at: [firstname.lastname@example.org].
These General Business Terms shall apply to all contracts entered into between Wolford Aktiengesellschaft (registered address of the company: Wolfordstraße 1, 6901 Bregenz, Austria) ("Wolford", "we", "us" and "our") and its consumers for the purchase of Wolford products via the Wolford Online-Boutique (the "Products"). These General Business Terms shall apply in place of, prevail over and supersede any other terms and conditions contained or referred to elsewhere (whether in correspondence or otherwise) or implied by trade, custom, practice or course of dealings, unless specifically agreed to in writing by us or our authorised representative. Any purported provisions to the contrary are hereby excluded. The current version of these General Business Terms published on the website at the time of the conclusion of the contract between us shall be the version that shall govern the contract between us.
Products ordered via this website will only be delivered to the United Kingdom.
You must be aged eighteen (18) years or older to purchase any Products made available via the Wolford Online-Boutique.
§2 MINIMUM AND MAXIMUM ORDER VALUE
In the Wolford Online-Boutique there is no minimum order value and consumers can spend up to a maximum of GBP 5,000.00 per order.
The prices shown in the shopping basket before the order is confirmed shall apply exclusively to the Products ordered via the Wolford Online-Boutique. All prices include the applicable rate of value added tax.
If a pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing we are under no obligation to provide the Product to you at the incorrect (lower) price, even if we have already sent you confirmation of your order. We will tell you of the correct price and you may decide whether to cancel your order or order the Product at the correct price.
§4 SHARE OF SHIPMENT COSTS
Shipment is free of charge except for express surcharges and [C.O.D.] charges, details of which are set out in Shipping Costs.
By clicking on the button "send order" at the end of the order process you submit an offer to purchase the Products from Wolford.
After you place your order, we will confirm receipt of your order both on the following Internet page as well as via e-mail to the email address that you submit during the order process. Neither represent any acceptance of your offer, but will merely confirm receipt of your order. Your order constitutes an offer to us to buy the Product(s).
All orders are subject to acceptance by Wolford and if we are able to accept your order, we will confirm such acceptance to you by sending you an email that confirms that the Product(s) has been dispatched to you. The contract will only be concluded between Wolford and you when we dispatch the ordered Product(s) to you and inform you thereof by e-mail, even if you have already made an advance payment by bank transfer in respect of the Products. We will endeavour to dispatch and thereby accept your order within a period of seven working days after receipt of the order. Saturdays and Sundays are not considered to be working days. We will only be obliged to supply those Products whose dispatch we confirm to you by such dispatch email. We will not be obliged to supply any other Products which may have been part of your order but which are not specifically confirmed in such dispatch email unless or until the dispatch of such Product has been confirmed in a separate dispatch email.
Wolford is entitled to reject your order in full or in part for any reason (including, without limitation, unexpected delivery difficulties or a negative credit check assessment). If you have already made an advance payment in respect of any Products and we are unable to dispatch and thereby accept your order, we will of course reimburse you such advance payments in full.
§6 RESERVATION OF TITLE
We shall retain ownership and title to the Products until payment of the purchase price has been received in full. Until ownership of the Products has passed to you, you: (a) shall hold the Products on a fiduciary basis as our bailee; (b) undertake to treat the Products carefully and maintain the Products in satisfactory condition; and (c) shall not destroy, deface or obscure any identifying mark or packaging on or relating to the Products.
Your right to possession of the Products shall terminate immediately if: (a) you are adjudicated bankrupt, enter into administration or liquidation or otherwise become insolvent; (b) you encumber or in any way charge any of the Products; or (c) you are found to be in breach of contract, for example by defaulting on your payment obligations. You hereby grant to us and our authorised representative an irrevocable licence at any time to enter any premises where the Products are or may be stored in order for us to recover the Products where your right to possession has terminated.
§7 DELIVERY, PASSING OF RISK
Subject to our acceptance of your order and the relevant Products being in stock, Wolford shall wherever possible send the Products to you promptly after receipt of your order. Therefore, you will receive the Products as soon as possible but by no later than after 30 days from the day after the day when you send us your order.
Should certain Products not be available immediately due to high demand or for any other reason, the expected delivery period will be displayed to you in the Wolford Online-Boutique. If the stated delivery deadline cannot be observed we will inform you of such by no later than the expiry of the 30 day deadline and you shall have the option of whether to leave the order in place or cancel the order.
Any times and dates stated for delivery are estimates only. We will make reasonable efforts to deliver the Products within the time specified, but we do not accept liability for any failure to deliver within that time.
We will inform you by e-mail when the Products are dispatched to you from our warehouse.
The Products shall be at your risk from the time when the Products are delivered to you.
You can pay as follows in the Wolford Online-Boutique:
If you decide to pay by credit card then Wolford will debit the amount due from your credit card account after handing over the shipment to the carrier. As with all other personal data the information concerning your credit card will also be transmitted in a secure manner (by SSL).
Cash on delivery
Should you choose to pay cash on delivery you will bear the respective applicable charges of the delivery company when the Products are delivered. The additional delivery charge is currently Euro 17.00.
We reserve the right to refuse to offer any of the aforementioned payment options in respect of your order.
§9 WARRANTY AND DAMAGES
Wolford has been known for the quality, reliability and comfort of its Products for decades. Each Product is inspected in detail before it leaves our warehouse and must pass through several quality controls.
We assume responsibility for the fact that the Products delivered to you are free of defects. The statutory warranty provisions apply. The images of the Products on the website are for illustrative purposes only. Although every care has been taken to ensure that the photographic representation, description and specification of each Product is accurate, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products, and your Products may vary slightly from those images. To the fullest extent permissible pursuant to applicable law, we disclaim all other conditions, representations, statements and warranties, either express or implied (whether by common law, custom, statute or otherwise). Therefore, without prejudice to your statutory warranty protections, we do not give any other warranties or guarantees of any kind in relation to any Products provided to you.
Subject to clause 10 below, if the Products do not conform with any applicable statutory warranties, we shall: (a) at our option repair or replace the defective Products; or (b) refund the price of such Products (whether full or partially) provided that you promptly notify us of your complaint and you return the defective Products to us as soon as possible.
Wolford shall not be liable for negligent breaches of duty save that nothing in these General Business Terms shall exclude or limit our liability for death or personal injury caused by our negligence or relating to claims that may arise from Product Liability legislation. This shall also apply to breaches of duty of possible vicarious agents. In addition, nothing in these General Business Terms shall exclude or limit our liability in any way for fraud or fraudulent misrepresentation or for any other matter for which it is unlawful for us to exclude or limit, or attempt to exclude or limit our liability.
Wolford's total aggregate liability (whether arising in contract, tort (including negligence) or otherwise) for losses you suffer arising out of or in connection with your order is strictly limited to the purchase price of the Product purchased by you.
§10 RIGHT OF CANCELLATION
You may cancel your order for any Products that you have purchased from us within 14 days of delivery for any reason (including if you simply change your mind) (the "Cooling-Off Period"). In order to satisfy the requirement to cancel the Products within the Cooling-Off Period you must provide us with notification of cancellation by a clear statement (e.g. by letter, within the Cooling-Off Period, and then send the Products to us as soon as possible after such notification and in any event not later than 14 days from the date of cancellation. You may use the model cancellation at http://www.wolfordshop.co.uk/content/wiederrufsrecht to given us notice of cancellation, but it is not obligatory.
You will then be entitled to a refund from us (including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us and unless you are retaining some of the Products delivered to you with the Products which you are returning) and interest, where applicable) which will be paid as soon as possible but in any event within 14 days of us receiving back the Products; or (if earlier) 14 days after the day that you provide evidence to us that you have returned the Products to us; or if the Products have not yet been delivered to you 14 days after the day on which we have been notified about your decision to cancel the order.
The cancellation notification and/or the cancelled Product must be sent to:
C/o HWS GmbH
Consequences of the cancellation
In the event of effective cancellation of the Products, you must return the received Products in the same condition in which you received them. You have a legal obligation to take reasonable care of the Products while in your possession. If you fail to take reasonable care of the Products and do not return the Products to us in their original condition, we may have a right to seek compensation from you for any loss of, or damage to, the Products but you will only liable for any diminished value of the Products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Products you have received.
You must return the Products at your own risk and cost unless: (a) the Products are capable of being returned by post; or (b) the Products are faulty on delivery, do not comply with the contract or are not what you ordered; and in which case the Products will be returned at our risk and cost. Where the Products are not capable of being returned by post the cost of returning the Products is [insert details – this information is required to be provided in the confirmation of the contract rather than directly prior to it. As such this statement could be included in the order confirmation or included here but, for example, refer to the cost as stated in the order confirmation.
As mentioned above, in the event of effective cancellation, you will be entitled to a refund from us (including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us and unless you are retaining some of the Products delivered to you with the Products which you are returning) and interest, where applicable) which will be paid as soon as possible in any event within 14 days of us receiving back the Products or (if earlier) 14 days after the day that you provide evidence to us that you have returned the Products to us; or if the Products have not yet been delivered to you 14 days after the day on which we have been notified about your decision to cancel the order. We will refund you using the same means of payment as you used for the initial purchase unless you expressly agree otherwise.
It is essential that you observe the following when returning any Products:
Please note that we can only accept returns of Products which were purchased from the Wolford Online Boutique.
You have a legal obligation to take reasonable care of the Products while in your possession although you shall be entitled to open the packaging to examine the Products that you have ordered. You are permitted to try on the Products insofar as they are not underwear or hosiery. When returning any Products we would be grateful if you could also return the Products with their original packaging.
The return of any Products must be accompanied by a Returns Form in which, amongst other things, you must specify your reasons for returning the Products. This will help us to further improve the range of products and services on offer at the Wolford Online-Boutique
Please have the return shipment confirmed and store any necessary receipts/confirmations carefully in the event of any queries.
§11 OWNERSHIP OF RIGHTS
All Rights (as defined below) in and to the website and all content and materials contained in the website, including without limitation any text, photographs, pictures, graphics, diagrams, video, audio, music, software, applications and their compilation and lay out (the "site content") are owned by and shall remain owned by Wolford or our licensors. The website and the site content: (a) may only be used for your personal, non-commercial purposes; (b) shall not be reproduced or included in any work or publication in any medium; and (c) may not be modified, copied, altered, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted or sold in any form or by any means, in whole or in part.
For the purposes of these General Business Terms, "Rights" means patents, registered and unregistered trade marks and service marks, domain names, registered designs and design rights, copyright (including such rights in computer software and databases), rights in goodwill, rights in performances, rights in passing-off and unfair competition, database rights and moral rights, rights subsisting in inventions, designs, drawings and computer programs (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world.
Liability for content and availability
The website and the site content are prepared with all reasonable skill and care. However, while we endeavour to ensure that the information contained on or in the website and the site content is correct, we cannot give any warranty or make any representation of any kind, either express or implied (whether by common law, custom, statute or otherwise) regarding the accuracy, completeness, reliability and currency of the website or the site content.
We may make changes to the website, the site content or to any services, products, prices or fees described in it, at any time without notice.
We do not warrant that the website, the site content and any function of the website will be uninterrupted or error-free, that defects will be corrected, or that the website, site content or the server that makes it available are free of viruses or other harmful components. Although we will endeavour to take appropriate security measures to protect the website and the site content, we will not be held responsible for the security of the website or for any disruption of the website however caused, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.
We shall use our reasonable endeavours to safeguard the copyrights of others or to resort to the use of works which the company created itself and licence-free works. We do not warrant make any representations that the website or any site content will not infringe the rights of any third party.
Liability for links
Insofar as we enable access to third party websites via links from our website, we are not responsible for such third party website or any content contained therein. The respective provider or operator of such third party websites is responsible for the content of the linked sites and we make no warranties or representations whatsoever about any such websites or for any services or products that they may provide. Without limiting the foregoing, such websites are not in any way approved, checked, edited, vetted or endorsed by us and you agree that we shall not be responsible or liable in any way for the content, advertising, products or services available from such websites, their suitability, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality or functionality of any products or services available on such sites or for any transactions, dealings or arrangements that you may have, or the consequences of such transactions, dealings or arrangements with such third party site operators.
If you do come across any link which is an infringement of any third party rights or is offensive, unsuitable or inappropriate to us or our users please let us know and if, upon receiving a complaint, we believe in our reasonable opinion that the material is an infringement, offensive, unsuitable or inappropriate we will take down such material and/or remove such links immediately.
§13 DATA PROTECTION AND SECURITY
Your personal data and all other information relating to your order is encoded and transmitted via a safe SSL connection.
By placing an order according to § 5 above, you agree that any personal data that you provide to Wolford can be collected, processed and used by and on behalf of Wolford in connection with the provision of products and services to you in accordance with Wolford's Data Protection Policy and as follows:
We store, process and use your name, your address and payment details as well as any other data provided by you to us in relation to your order. We shall protect your personal data in accordance with the provisions of Data Protection legislation.
Where necessary, your data will only be forwarded to third parties for the purposes of (amongst other things as set out in the Data Protection Policy) fulfilling your order, e.g. for applicable necessary verification of credit cards, creditworthiness or address.
We endeavour to constantly improve the range of products and the service of the Wolford Online-Boutique for you which we do by tracking patterns, website usage and regularly evaluating and monitoring customer and order data, as described in more detail in the Data Protection Policy.
We may also provide you marketing communications (including newsletters) by post, email or telephone about our products, services, sales promotions and upcoming events, which you request from us, consent to receiving from us or which we feel may interest you.
Should you not agree with the use of your data for these purposes (or for any of the other purposes set out in the Data Protection Policy) you can file an objection at any time by contacting us on:
via e-mail to: [email@example.com]
by post to:
C/o HWS GmbH
§14 SET-OFF AND ASSIGNMENT
You shall only be entitled to set off any liability owed by us to you against any liability owed by you to us in the following circumstances:
in the event of the insolvency of Wolford;
for counter-claims which are legally connected to your liability; or
for counter-claims which have been determined by a court or which have been recognised by us.
For the avoidance of doubt, you shall only be entitled to assert your right of set-off in respect of claims which are legally related to Wolford's claims and which arise out of the same contract.
Any assignment to any third party of any of your rights or obligations under these General Business Terms is only possible with our prior written consent.
§15 POSSIBILITY FOR ONLINE DISPUTE RESOLUTION
The European Commission offers the possibility for online dispute resolution on one of their online platforms. This platform can be accessed via the external link http://ec.europa.eu/consumers/odr/". We point out that the link to the European Commission online platform is not reachable at the moment.
§16 FINAL PROVISIONS
You acknowledge that by accepting these General Business Terms, you have not relied on any representations, undertakings, promises, terms, conditions or obligations, oral or written, express or implied, other than those expressly contained in these General Business Terms. You shall not have any remedy in respect of any untrue statement made by us, whether orally or in writing, prior to accepting these General Business Terms (unless such untrue statement was made fraudulently) and your only remedy shall be for breach of contract as provided in these General Business Terms.
Any failure or delay by us to enforce any of our rights under these General Business Terms is not to be taken as or deemed to be a waiver of that or any other right unless we acknowledge and agree to such a waiver in writing.
If any clause or part of a clause of these General Business Terms is, or becomes, invalid, illegal or unenforceable, then that clause or part of a clause shall be deemed to be deleted from these General Business Terms. Any such deemed deletion shall not affect the validity, legality or enforceability of the remainder of these General Business Terms.
Neither party shall be liable for any delay or failure in performing its obligations (other than any payment obligation) under these General Business Terms if such delay or failure is caused by circumstances beyond its reasonable control including, without limitation, an act of government, war, civil unrest, fire, flood, an Act of God or failure of suppliers and/or service providers ("Force Majeure").
Applicable laws require that some of the information or communications we send to you should be in writing (which includes email). When buying Products from Wolford, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Wolford Online-Boutique. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Save to the extent that mandatory local laws apply, Austrian law shall apply exclusively to these General Business Terms to the exclusion of the UN Convention on the International Sale of Goods (CISG). The Courts of Bregenz shall have non-exclusive jurisdiction but you may also be entitled to bring proceedings in the Courts of the country of your place of residence.
§16 COMPANY INFORMATION
Details according to § 5 Par. 1 ECG [Law governing e-Commerce]:
Phone: 0800 27 98 279 (freecall)
FN 68605s of the Regional Court as Feldkirch Commercial Court
HM Revenue & Customs, VAT Registration Number 939 7791 52
Details according to § 25 Par. 2 Media Law:
Object of the company: The production and sales of products of the Wolford trademark: Bodywear, underwear and swimwear for women as well as legwear for women and men. Additional distribution of merchandising articles of the Wolford trademark.
Axel Dreher – Member of the Management Board
Mag. Thomas Melzer - Member of the Management Board
Emil Flückinger - Chairman of the Supervisory Board
Antonella Mei-Pochtler - Deputy Chairman of the Supervisory Board
Claudia Beermann - Member
Lothar Reiff - Member
Birgit Wilhelm - Member
Anton Mathis - Member
Peter Glanzer - Member
Disclosure according to § 25 Par. 4 Media Law:
The website serves to advertise and distribute products and merchandising articles of the Wolford trademark as well as to present our company.