(T&Cs for short) regarding the purchase of goods in the online shop at my-shoemaker.com from Karl Reichl Schuhmacherei und Handelsgesellschaft mbH,
Hauptstraße 67, 4040 Linz, Austria, Tel./fax: +43 (0) 732 71 56 32,
FN 365679p, ATU 66 66 80 19, Member of the Austrian Chamber of Commerce (version 30.10.2012).
The version of T&Cs that is valid on the day you place your order shall be the applicable version for all orders and contracts concluded by consumers, and for offers and deliveries to consumers of goods and products from Karl Reichl Schuhmacherei via the website my-shoemaker.com. Any regulations that deviate from, or conflict with, these conditions shall not be recognised. On the website my-shoemaker.com, Karl Reichl Schuhmacherei offers goods for the markets of the European Union only. As the customer, by submitting your order, you are guaranteeing that you are completely contractually capable and that you are providing your true identity and that all data that you provide is correct. The sale of goods via this web shop is intended for end-consumers only. The sole contractual language shall be German.
2. Contract conclusion, order and delivery:
The offers on the website represent a non-binding invitation for you, as the customer, to place an order with us. By submitting the order, you are making a binding offer to conclude a purchase contract. The submission of an offer to purchase shall only be permissible if you have first registered on the website my-shoemaker.com and provided us with your name, date of birth, address and e-mail address.
A contractual relationship shall arise between you and Karl Reichl Schuhmacherei only. After submitting your order, you will receive an automated e-mail confirmation informing you that Karl Reichl Schuhmacherei has received your order.
NOTE: This confirmation does not constitute acceptance of the order by Karl Reichl Schuhmacherei.
You will receive the T&Cs in electronic form together with the order confirmation, but these T&Cs shall also be permanently accessible via the website my-shoemaker.com both before and after the contract is concluded. The acceptance of the order by Karl Reichl Schuhmacherei (and thus the conclusion of a purchase contract) is achieved exclusively through the sending of the goods. If, in individual cases, Karl Reichl Schuhmacherei does not accept your order, you will be informed of this by e-mail within five (5) working days of your order being received. Orders will be shipped by Karl Reichl Schuhmacherei no later than 30 days after the receipt of the order. If Karl Reichl Schuhmacherei is unable to fulfil the customer order, as a result of the ordered goods not being available, Karl Reichl Schuhmacherei will inform you of this as soon as they become aware of the situation. Any payments already made shall be reimbursed immediately.
3. Shipping, shipping expenses
The shipping of goods shall be undertaken by the parcel service/shipping companies that have been selected by Karl Reichl Schuhmacherei. Delivery dates are always non-binding, unless they are confirmed, in writing, as binding by Karl Reichl Schuhmacherei. Compensation for damages caused by delayed delivery shall always be excluded, except in cases of intent or gross negligence on the part of Karl Reichl Schuhmacherei. Returned goods must be sent back to the company in the original packaging and using the same transport route as the delivery.
Flat-rate shipping costs for shipping:
Within Austria: €6.00 up to an order value of €150.00; delivery shall be free of charge for an order value over €150.00.
To Germany: €8.00 up to an order value of €150.00; delivery shall be free of charge for an order value over €150.00.
To all other countries in the EU: €15.00 up to an order value of €150.00; delivery shall be free of charge for an order value over €150.00.
In the event that the ordered goods are returned, in part or in full, to Karl Reichl Schuhmacherei by the customer, the flat-rate shipping costs shall be borne by the customer.
4. Price, payment and default of payment
The prices stated at the time the order is placed shall apply. All prices provided on the website are subject to confirmation, non-binding and subject to change at any time. All prices provided are gross prices and therefore are inclusive of the relevant statutory value added tax. For purchases made via my-shoemaker.com, payment types on account (up to an order value of €150.00) and Paypal shall be offered. Karl Reichl Schuhmacherei reserves the right to check the customer’s creditworthiness and, if necessary, to exclude payment on account as an option. In the case of payment on account, the invoiced amount shall be due upon receipt of the delivery. If payment is not made within fourteen (14) days of the due date, the customer shall be in default of payment. In this case, dunning fees of €9.00 and the statutory late-payment interest shall be charged.
5. Retention of ownership
The goods shall remain the property of Karl Reichl Schuhmacherei until payment is complete.
6. Liability and warranty
Karl Reichl Schuhmacherei shall be liable for material defects in accordance with the legal provisions. If it is possible to the rectify the defects or replace the goods, the customer shall not be entitled to request a reduction in the purchase price or to withdraw from the contract. Defects for which Karl Reichl Schuhmacherei is not responsible shall be excluded from any warranty. This includes, in particular:
- Damages as a result of damage caused by the customer or incorrect handling on the part of the customer.
- Damages caused by force majeure
The warranty period shall be two (2) years and shall commence when the goods are handed over. Karl Reichl Schuhmacherei shall assume no liability for the availability of the website.
7. Right to withdraw for consumers in Austria and Italy:
Consumers under the terms of the Austrian Consumer Protection Act (Konsumentenschutzgesetz) can withdraw from the contract with Karl Reichl Schuhmacherei within seven (7) working days (Saturdays are not calculated as working days). This period shall commence upon receipt of the goods by the consumer. It shall be sufficient to hand over or send the notice of withdrawal within this period. In the event of a withdrawal, the customer shall be refunded the purchase price DvP (delivery versus payment) for the return of the goods. The costs of the return shall be borne by Karl Reichl Schuhmacherei; the original packaging must be used.
The customer shall have no right of withdrawal in the case of the delivery of goods which are produced according to customer specifications, which are customised to the personal requirements of the customer, or which, by their nature, are not suitable for return.
8. Right of revocation for consumers who live in Germany:
Instructions for revocation
You can revoke your contractual acceptance in text form (letter, fax, e-mail) within fourteen (14) days without giving any reasons or – if the goods have been delivered to you before the end of this period – by returning the goods. The term shall commence upon receipt of these instructions in text form, but not before the goods are received by the recipient (for the repeat delivery of similar goods, not before receipt of the first part-delivery) and also not before we have fulfilled our duties to inform in accordance with Article 246 Section 2 in conjunction with Section 1 Paragraphs 1 and 2 of the EGBGB (German Introductory Statute to the Civil Code) and our obligations in accordance with Section 312g Paragraph 1 Clause 1 of the BGB (German Civil Code) in conjunction with Article 246 Section 3 of the EGBGB. The timely despatch of the revocation or the goods shall be deemed sufficient for compliance with the revocation term. The revocation is to be sent to: Karl Reichl Schuhmacherei und Handelsgesellschaft mbH, Hauptstraße 67, 4040 Linz, Austria, Tel./fax: +43 (0) 732 71 56 32, FN 365679p, ATU 66 66 80 19
Consequences of revocation:
In the case of an effective revocation, the mutually received services are to be returned and any benefits or profits (e.g. interest) are to be returned. If you are not able to return to us the payment or service received in whole or in part or only in a deteriorated condition, you shall be obliged to provide us with compensation for the respective value. In the case of goods in a deteriorated condition and for benefits derived, you shall only have to pay compensation if the benefits or deterioration can be attributed to the mishandling of the goods, which goes beyond testing the properties and functions of the goods. By “testing the properties and functions”, we mean the testing and trial of the relevant goods, as is possible and usual in a retail shop.
Moreover, you can avoid the obligation to provide compensation for a deterioration that results from the intended use of the goods by not using the goods as your property and refraining from anything that could reduce its value.
Goods sent as packages are to be returned at our risk and cost. Goods not sent as packages will be collected from you. Obligations to reimburse payments must be satisfied within thirty (30) days. This period commences for you upon sending your notice of revocation or the goods and, for us, it commences upon receipt of the notice of revocation or the goods.
Exclusion of the right of revocation:
The right of revocation shall not exist if the goods were produced according to customer requirements or were uniquely customised according to personal requirements, or if the goods, due to their nature, are not suitable for return.
9. Applicable law and jurisdiction:
This contract shall be subject to Austrian substantive law under the exclusion of its reference provisions and under the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. If the contractual partner is a consumer, this contract shall be subject to the mandatory provisions of the law of the country in which the consumer has their usual residence.
In the case of disputes, the court that has material jurisdiction in the place where Karl Reichl Schuhmacherei has its registered office shall have exclusive jurisdiction.
If the customer is a consumer under the terms of the KSchG (Employment Protection Act), the competent court is the court in whose judicial district the customer lives, ordinarily resides, or works.
10. Data protection statement:
Your order, along with details regarding the concluded contract (e.g. ordered product, price, quantity, etc.) shall be saved by Karl Reichl Schuhmacherei. All personal data shall of course be treated as confidential. The data that is required to process the business transaction shall be saved automatically and shall be forwarded to partner companies only where this is absolutely necessary for the processing of the order. No data other than the data required for the performance of the contract shall be passed on.
Service times: Mon-Fri 08:00-17:00
1 Applies to shipping within Austria. Information about shipping policies for other countries can be found here: Payment and Delivery Information