E35 SHOP

Dear customer: Herebelow please find enclosed our general terms and conditions. We ask you kindly to read these carefully. You can download our complete Terms and Conditions as a PDF. We aim to give you all relevant information regarding your rights and obligations as a consumer, but first of all we intend the relationship with our customers in terms of a partnership. We care for our customers, so please don’t hesitate to contact us in case you have a question.

Company information: the website e35shop.com, our shop in Vienna and registered domain are owned by E35 SHOP & STYLE e.U. / Zbigniew Dabrowski. The company is registered in Vienna, Austria FN 389410 m. Our corporate UID number is ATU67592018.

More information see Impressum.

General terms: by approving these Terms & conditions and confirming your order, a binding agreement is entered into. When we have received your order, you will receive an automatic e-mail confirming the receipt of your order. This confirmation does not incur that the offer has been accepted by E35 SHOP. The purchase is only classed as final when the delivery confirmation of the ordered products is sent by E35 SHOP. We reserve the right to deliver according to the available stock levels at the time of receiving the order. Should we be unable to deliver in accordance with the terms in the order confirmation or if the stock levels have changed in the meantime, we will contact you and give you the opportunity to cancel the order. In such a case, if the payment has been made in advance, your money will be refunded within 30 days. In the event of late deliveries we will contact you and offer a new delivery date. If this is not suitable then you have the right to cancel the order.

Pictures and description of the products: we made great efforts to ensure that the description of the items, the garments and the pictures are as complete and accurate as possible. However, slight differences in colour and perception of the surface may occur. Sizes are reported as stated on the manufacturer’s documentation.

Prices: all prices in our shop are displayed including 20% VAT. Non-European customers are exempt from paying value added tax 20%. The final product price including delivery charges will be calculated when you select your country before you do the payment checkout.

The prices are given in EUR, USD, JPY and GBP, according to your choice, and it is valid the price of the day of your order.

Shipping & delivery: we accept international and domestic orders. Minimum shipment amount is 49,99 €. Below this amount we cannot handle the requests. In Europe we deliver in most countries by UPS Standard. Delivery to Russian customers is possible only by Priority Post. Shipment to Oversea and Non-EU customers by Priority Post. Delivery to Switzerland by UPS Standard. Delivery lead times vary on destination and are estimated according to the service offer of the transport provider. When you receive your order confirmation you will receive a tracking number. If a delivery is not possible because the customer was not reachable at the provided delivery address, although the delivery was made within the stated delivery period, or if the address provided was incorrect, the customer will cover the eventual costs of unsuccessful delivery. Shipping cost and delivery lead time are shown in the table below.

Trading Restrictions: we don’t deliver to the following countries: Belarus, Burma/Myanmar, Cote d’Ivoire (Ivory Coast), Cuba (Sanctions), Democratic Republic of Congo, Egypt, Eritrea, Federal Republic of Yugoslavia & Serbia, Iran, Iraq, Lebanon, Syria, Liberia, Libya, North Korea (Democratic People’s Republic of Korea), Republic of Guinea, Somalia, Sudan, Syria, Tunisia, Zimbabwe.

Delivery charges: delivery is free on all orders exceeding € 249,00. For orders less than this amount, delivery charges apply depending on weight and on destination.

Austria: 1-2 work days with Post € 6,50. EU countries: 2-3 work days with Ups Standard € 9,50. Non EU countries: 3-7 work days with Priority Post € 14,50. Switzerland: 2-3 work days with Priority Post  € 9,50. Russian Federation: 5-10 work days with Priority Post € 18,50. Canada / USA: 4-6 work days with Priority Post € 18,50. Australia / New Zealand: 4-6 work days with Ups Standard € 18,50. Rest of World: 5-10 work days with Priority Post € 18,50.

If you are unsure whether or not the country you would like your order sent to is in the European Union, EU, you can here check on the list of member countries: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom.

The list of countries No EU-Relation: Spain: Andorra, Gibraltar, Canary Islands PLZ 35xxx-38xxx, Ceuta PLZ 51xxx, Melilla PLZ 52xxx, Denmark: Farőer, Finland: Aaland PLZ 22000-22999, United Kingdom: Guernsey and Jersey (GB) PLZ GYxxxxx and Jyxxxxx, Italy: Livigno PLZ 23030, San Marino PLZ 47890-47899, Vatikan PLZ 00120, Liechtenstein, Norway, Switzerland, Turkey, Cyprus.

Countries outside EU, Customs and Import charges: important Customs and Duty information for customers outside of the EU! Please note that the delivery charges do not include import and customs costs that may be due when the package reaches the country of destination. The recipient of the parcel must pay these charges. We cannot calculate your import duty for you, you must contact your local customs office for current charges before you order to check the charges you will be asked to pay.

Special service for Austria: gift wrapping and pick up of your order in our Vienna store.

Tracking of orders: when your order leaves our warehouse you will receive a tracking number via e-mail that can be used to track your order.

Delivery times: goods will be dispatched on regular working days. Delivery times may be a little longer during public holidays and during our vacation. Orders received within 0:00 pm we aim to post the following day within 2:00 pm day. All orders placed on Saturday and Sunday will be shipped and posted the following Monday. Lead times: please refer to the table above.

Payment: a sales contract is agreed when the transactions have been checked and authorized by the relative credit card company or the money has been received on our bank account. We offer different methods of payment.

Credit Card: we accept VISA, MasterCard via Paypal. It is not necessary to have a Paypal account. You will be redirected to Paypal website when you place an order to enter your credit card information. When paying by card you will be asked for the card number, its period of validity and the CVC code. All information is processed using SSL encryption to prevent unauthorized access to credit card details.

PayPal: PayPal allows secure payment from your bank account or PayPal credit. When you choose to pay via PayPal, you will be directed to PayPal when checking out. More information about PayPal is available here.

Bank Transfer: please cite in your transfer the NUMBER OF ORDER CONFIRMATION. Payments received from international bank institutes within EU are without additional charges if on your transfer you indicate the below reported IBAN and SWIFT code from our account. If you miss to indicate these codes we will be credited the amounts only against a deduction of 8,00 EURO which we will be forced to charge you accordingly.

Account details for E35 SHOP & STYLE e.U.: Bank: ERSTE BANK / Account Nr.: 821 682 550 00 / Bank Code: 20111 / IBAN: AT61 2011 1821 6825 5000 / SWIFT: GIBAATWWXXX

Once the total amount of your order is transferred to our bank account, we will ship the order. We will hold the item for 10 days to await payment.

Returns, Refunds & Exchange: you are entitled to return the product for any reason within 7 days of having received it. You have the right to open the package and check the contents but the product must be return unused, in original packaging and with original garment tags still attached. All original packaging, price labels etc shall be returned with the product without alteration. Please note that you are responsible for the product until it reaches us. Any damage of the product or its packaging entitles us to detract an equivalent amount from the refund. Send the package with the dispatch number so that it can be traced.

Return shipment charges are at your charge. Customers with residence in Germany are exempt from return cost (see advice below).

We put our efforts in excellent service, but in the rare event that E35 SHOP sent the customer an incorrect or faulty product then E35 SHOP will pay the return delivery costs back to the customer within 14 days of receipt of the return.

How to make a return: goods can be returned by post and all return shipping costs are to be paid by the customer. Customers with residence in Germany are exempt from return cost (see advice below).

Return shipping and refund: when returning goods by post please ensure that you fill in the Return Form that has been enclosed in your delivery. If you have not received this form or you lost it, you can download a new one here. If you send back the whole or part of the order we will refund the amount you have paid. The amount will be refunded via the method you paid, e.g by PayPal or via Credit Card. If you paid by invoice then the money will be refunded into your account. You will find the address for returns on the returns form. We will not refund the cost of original and return-shipping costs.

Please note: you are responsible for the cost of returning an item to us. We advise that you send the parcel fully insured to the full value of the good and ensure the items are strongly packaged. If the goods are damaged during transit due to being inadequately packaged, we will be unable to give a refund. Please take particular care with boxes, we will not be able to exchange goods with damaged or not original boxes, especially shoes, as the original box or packaging is considered part of the product.

Option reserved for Austrian customers: returns via our shop in Vienna, Austria refunds or exchanges goods free of charge.

Disclaimer. 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.

(1) You as customer have a right of revocation. The prerequisites and consequences of such right of revocation are set out in the below advice.

 Advice of the Right of Revocation

Right of Revocation: you may revoke your declaration to conclude a contract without stating a reason within a period of 14 days in text form (e.g., by letter or e-mail) or, if the item was placed at your disposal prior to the expiry of this period, by returning it. The period shall commence upon receipt of this advice in text form, however, not prior to the delivery of the item to the consignee (in the case of recurring delivery of similar items, not prior to receipt of the first partial delivery), nor before the fulfillment of our duties to inform pursuant to Art. 246 Sec. 2 in conjunction with Sec. 1 paragraph. 1 and 2 Introductory Law of the Civil Code (EGBGB) as well as our duties pursuant to Sec. 312e Paragraph 1 Cl. 1 German Civil Code (BGB) in conjunction with Art. 246 Sec. 3 Introductory Law of the Civil Code (EGBGB) The timely dispatch of the revocation or the item to the following address shall be deemed sufficient for compliance with the revocation period:

E35 SHOP & STYLE e.U. / Schottenfeldgasse 67 / 1070 Wien / Austria /  e-mail: contact@e35shop.com

Consequences of Revocation: in case of an effective revocation, the performances received by either party as well as any benefits that may have been accrued (e.g., interests) shall be returned. Should you be unable to return the performance received from us either in whole or in part or in deteriorated condition only, you must insofar compensate such value. This does not apply if such deterioration is entirely attributable to the examination of the item received - as it would have been possible for you in, for instance, a retail store. In any other respects, you can avoid the obligation to compensate for any deterioration of the item caused by the intended use by not using the item as your own property and by refraining from any and all acts that impair the item's value.

Items suitable for shipment by parcel shall be returned at our risk. You shall bear the cost of returning them if the delivered items are in conformity with those ordered and if the price of the items returned does not exceed an amount of 40 Euros or if, in excess of such amount and at the time of revocation, you have not yet rendered counter-performance or any partial payment as contractually agreed. In all other cases, return delivery is free of charge for you. Items not suitable for shipment by parcel will be collected from you. Obligations to refund payments must be met within 30 days, for you starting upon sending of the revocation, for us upon receipt thereof.

End of Advice.

-------------------

Damaged in transit – faulty product: we will do our utmost to guarantee that the goods delivered to you are in perfect conditions. Anyhow, if ever the product is damaged or show evident fault, you have the right to enter a claim. Please contact us as soon as you discover the fault. If you notice a transport damage, please note this immediately on the shipment delivery form. If you can send a photograph of the damage/error this will speed up the process. When we have received the product and approved the claim you will be informed and a new product along with compensation return-shipping costs will be sent to you, or we will refund you for the product and the return-shipping costs.

Exchange and refund: products may only be exchanged for other products available for sale via e35shop.com. NB. if you wish to exchange a product, please contact us as soon as possible to reserve another product/size. To exchange an item for different size or different style we ask you to return the item for a refund and purchase the new item separately. We will not refund the eventual charges that your bank may apply for this operation cost and of return-shipping costs.

Timeline of refund:  we will refund the money to your account 30 days by the date of payment.

Responsibility for the webshop: we developed and tested this online shop to the best of our knowledge. However, we cannot take responsibility that all functions on this website are without errors, that errors are removed or that the website or the server is free from Virus or other programs or functions which might have damaging effects. The customer has no right to claim damages, in particular for the reason of delay, impossibility to fulfill the request, damages caused by defective goods, defects, unless they cannot be proved to be deliberate or a consequence of irresponsible attitude. If you experience technical problems with the webshop, please contact us at sales@e35shop.com.

Privacy: the customer agrees that any information regarding customers which are necessary to fulfill orders and inquiries will be used exclusively for the fulfillment of the specific purchase order and will be stored for the exclusive purpose of administration practices and will not be transferred to third parties.

Data: for details on the data collected and their respective use, please see our privacy policy.

Age Restriction: customers under the age of 18 shall provide written parental or guardian consent.

Force Majeur: we shall not be liable for any failure or delay in performance under this agreement to the extent said failures or delays are proximately caused by causes beyond our reasonable control and occurring without our fault or negligence, including, without limitation, failure of suppliers, subcontractors, and carriers. In case such failures occur we will try to give written notice. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused. Our failure to perform any term or condition of this Agreement as a result of conditions beyond our control such as, but not limited to, war, strikes, fires, floods, acts of God, governmental restrictions, power failures, or damage or destruction of any network facilities or servers, shall not be deemed a breach of this Agreement.

Contact details: the best way to contact us is by mail at sales@e35shop.com.

February, 2013