GENERAL TERMS AND CONDITIONS OF THE AIRFIELD© ONLINE SHOP
1. General Provisions
1.1. Walter MOSER GmbH, Industriegebiet 2, A-4863 Seewalchen, Austria (hereinafter referred to as „MOSER“) sells ladies’ outerwear and accessories of the Airfield© brand (hereinafter the “merchandise” or the “goods”), which may be purchased online from the AIRFIELD© Online Shop.
1.2. The merchandise offered in the AIRFIELD© Online Shop is exclusively available to end consumers.
1.3. These Terms and Conditions (hereinafter the „T&C“) shall exclusively govern all Agreements entered into between MOSER and the buyer (hereinafter the „Buyer“) via the AIRFIELD© Online Shop and the performance of such Agreements. By placing an order, the Buyer agrees to be bound by these T&C.
1.4. Buyers may, at their discretion, choose to create a web shop account (hereinafter the „Account“) for their orders. It is however recommended to create an Account if the Buyer intends to place more than an order. Buyers shall in any case be obliged to register. For this purpose, the Buyer shall fully and truthfully provide all information required in the Webshop’s entry mask (name, billing address, delivery address, email address, etc.). If the Buyer does not create an Account, no user ID and password will be assigned.
1.5. The Buyer undertakes to keep his Account data up-to-date and, if necessary, to enter any changes and amendments without undue delay. Furthermore, Buyers shall set their personal login data (user ID and password). After the transmission of such data, the Buyer will receive an email confirming receipt of his data and the completion of the registration process. By entering their personal login data, Buyers may access their personal Account and display all order data for the past 24 months.
1.6. The Buyer shall ensure that the email address indicated in his Account can be contacted at any time, and the Buyer expressly acknowledges and agrees that all communication between MOSER and the Buyer shall exclusively be effected by means of email. All notices of MOSER sent by MOSER to the email address provided by the Buyer shall be deemed to have been received by the Buyer. Buyers shall protect their personal login data against misuse by third parties and shall not have the right to disclose such login data to third parties. MOSER shall not be liable for any damages caused by a misuse of the login data by third parties.
1.7. Buyers may delete their Account at any time. Such deletion of a Buyer’s Account is effected by way of the „delete my account“ link, which can be accessed in the Buyer’s profile. Prior to the definitive deletion of the Account, the Buyer will receive an email containing a confirmation link; the deletion will be finalised by clicking on such link. Once the deletion has been finalised, the Buyer will no longer be able to access any data relating to past orders.
1.8. Any sale of MOSER’s merchandise to the Buyer will be restricted to quantities customary in retail trade. This provision shall apply to both the number of items ordered as part of one single order and to several orders placed within a short period of time, each relating to the same product and a quantity customary in retail trade.
2. Inception of the Agreement
2.1. The presentation of merchandise in the AIRFIELD© Online Shop shall only be deemed to be a non-binding invitation by MOSER to order goods in the AIRFIELD© Online Shop. In this context express reference is made to Section 8 Warranty of these T&C.
2.2. By sending the order to MOSER, the Buyer submits a binding offer to enter into a purchase agreement for the goods ordered. Thereupon the Buyer will immediately receive an automatically generated email by which MOSER confirms that the order has been electronically received and recorded. This confirmation email shall not, however, constitute an acceptance of the offer to enter into a purchase agreement.
2.3. The purchase agreement will only be entered into further when MOSER is sending a shipping and order confirmation to the Buyer.
2.4. MOSER shall not be obliged to accept individual orders. To the extent that an order is not accepted, the Buyer will be informed accordingly by email within 7 days.
3. Shipment and shipping costs
3.1. Unless otherwise agreed upon, delivery of the goods shall be effected by way of an insured sale to destination (i.e. Versendungskauf under Austrian law) from MOSER’s headquarters in Seewalchen to the delivery address indicated by the Buyer.
3.2. The AIRFIELD© Online Shop contains information on the availability of particular items. All information relating to availability, shipment or delivery of a particular item is merely provided as approximate guideline information and shall in no case be deemed to constitute a binding shipping or delivery date.
3.3. The indicated delivery times start to run from receipt of full payment by MOSER and in case of sales on a cash on delivery basis, from transmission of the shipment and order confirmation by MOSER.
3.4. Deliveries shall only be performed by the carrier set forth in the MOSER AIRFIELD© Online Shop and shall only be effected within Austria, to Germany and to the Benelux countries.
3.5. Standard shipments of merchandise are, irrespectively of the order value, subject to a flat shipping fee charged by MOSER. Express deliveries deviating from the standard shipment terms shall be subject to increased shipping charges. The amount of the flat shipping fee for standard shipments and the amount of the shipping fee for express deliveries are explicitly specified in the AIRFIELD© Online Shop. If for any technical or logistic reasons a shipment should be effected by way of several partial deliveries, the shipping fee will only be billed once.
4. Prices, payment methods and payment terms
4.1. The prices quoted in the AIRFIELD© Online Shop at the time of the respective order shall apply. Unless otherwise explicitly stated, prices are quoted in EURO and include the applicable value added tax. Prices are quoted net of the applicable shipping fees, which shall be charged in addition to the purchase price. The invoice will be sent to the Buyer together with the deliveredgoods.
4.2. Payment of the goods may, at the Buyer’s discretion, be made by credit card, EPS, Giropay, Paypal, advance payment or on a cash on delivery (COD) basis, in which case any related COD fees shall be borne by the Buyer. In individual cases, and without stating any reasons, MOSER reserves the right to refuse certain methods of payment or to demand payment in advance.
4.3. In case of payment by credit card, the invoice amount will be blocked on the credit card when placing the order (so-called „authorisation“). The credit card will actually be debited upon shipment of the goods to the Buyer. If any goods are returned, the related amount will be credited to the credit card account within 30 days after MOSER has processed the return of the goods concerned.
4.4. In the event of payment default, MOSER shall have the right to charge legal default interest.
5. Transfer of risk, acceptance of delivery
5.1. The risk of accidental loss or accidental deterioration of the goods shall transfer to the Buyer at the time of delivery of the goods.
5.2. The Buyer shall be under the obligation to take delivery of the goods with undue delay or to pick up the goods made ready for collection without undue delay. If the Buyer fails to meet such obligation, delivery shall be deemed to be effected on the date on which the Buyer should have accepted or picked up the goods. At that time, the risk of accidental loss or accidental deterioration of the goods shall transfer to the Buyer.
6. Retention of title
6.1. MOSER shall retain ownership of the goods until full payment of the purchase price has been received.
6.2. In the event of a breach of contract on part of the Buyer, including but not limited to payment default, MOSER shall, after having granted a grace period of fourteen days, be entitled to rescind the Agreement and to demand the return of the goods at the Buyer’s expense.
7. Information on the right of cancellation/Buyer’s withdrawal right
7.1 Buyer’s withdrawal right:
Buyers are entitled to cancel this Agreement within fourteen days without giving any reason. The withdrawal period will expire after fourteen days from the day on which the Buyer or a third party other than the carrier and indicated by the Buyer, acquires physical possession of the goods. To exercise his right of withdrawal, the Buyer shall inform MOSER, by means of an unequivocal statement (e.g. a letter sent by postal mail, telefax or email), of his decision to withdraw from this Agreement. Such statement of withdrawal shall be made to the following addresses:
Walter MOSER GmbH
Fax: +43 (0) 7662 2797
The Buyer has the option to use the standard withdrawal form which will be enclosed to the delivery; there is, however, no obligation on the Buyer to use the withdrawal form provided.
To meet the withdrawal deadline, it is sufficient for the Buyer to send his communication concerning his exercise of the right of withdrawal before the withdrawal period has expired.
7.2. Effects of withdrawal:
If the Buyer withdraws from this Agreement, MOSER shall reimburse to Buyer all payments received from Buyer, including the costs of delivery (with the exception of the supplementary costs resulting from Buyer’s choice of a type of delivery other than the least expensive type of standard delivery offered by MOSER), without undue delay and in any event not later than fourteen days from the day on which MOSER is informed about Buyer’s decision to withdraw from this Agreement. Unless otherwise agreed, MOSER will carry out such reimbursement using the same means of payment as the Buyer used for the initial transaction; in any event, Buyer will not incur any fees as a result of such reimbursement.
MOSER may withhold reimbursement until MOSER has received the goods back or Buyer has supplied evidence of having sent back the goods, whichever is the earliest.
The Buyer shall send back the goods subject to withdrawal or hand them over to MOSER, without undue delay and in any event not later than fourteen days from the day on which the Buyer has notified MOSER of his withdrawal from this Agreement. The deadline is met if the Buyer sends back the goods before the period of fourteen days has expired.
All returns shall be made to the following addresses:
For returns within Austria or from the Benelux countries:
Walter MOSER GmbH
For returns within Germany:
AIRFIELD – Walter Moser GmbH
c/o LogoiX GmbH – K31942
Wasserburger Straße 50a
By postal mail:
AIRFIELD - Walter Moser GmbH
Am Tower 500
The direct cost of returning the goods shall be borne by MOSER.
7.3. The Buyer shall return the goods to MOSER in accordance with the instructions set out on the return form, which is enclosed in the delivered parcel. In the event that the Buyer fails to return the goods in accordance with such instructions, and, as a result, the goods are damaged or lost, or MOSER incurs any related costs, the Buyer shall be obliged to compensate MOSER for any damages incurred.
7.4. Goods specially manufactured to the Buyer’s specifications, or goods clearly tailored to the Buyer’s personal needs shall be excluded from the right of withdrawal. MOSER’s legal liability for quality defects shall remain unaffected by the provision of the foregoing sentence.
7.5.The Buyer shall provide compensation to MOSER for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
7.6. All documents that could be helpful to the Buyer when returning merchandise are enclosed together with the delivery note in the delivered parcel. For any questions regarding the right of withdrawal/right to return the merchandise or its actual return, the Buyer may contact MOSER’s Customer Support Department:
By email: firstname.lastname@example.org
By phone: +43 (0) 7662 3175-122
MOSER will not charge any fees for providing this customer support. However communication expenses may incur which shall in any case be borne by the Buyer.
8.1. During the statutory warranty period, the Buyer shall in the first instance be entitled to rectification free of charge. To the extent necessary, MOSER shall entirely or partially replace the goods. In the event that a defect is not rectified within a reasonable period of time or that a rectification is inappropriate, Buyers may, at their discretion, claim a rescission of the sale or a price reduction.
8.2. All designs, colours and appearances of materials displayed in the Webshop shall generally be deemed to be approximate and are therefore displayed without any obligation. The Buyer shall not have any right to assert a defect on the grounds of deviations in shades of colour or in design or in the appearance of materials. All indications of sizes shall be made in accordance with the size guide published in the Webshop.
MOSER’s liability shall generally be restricted to damages resulting from gross negligence or wilful misconduct. Any liability for damages due to ordinary negligence are explicitly excluded. This limitation of liability shall not apply to claims relating to personal injury. Any compensation for consequential damages due to defects, economic loss, failure to realise savings, interest cost and interest losses and damages resulting from third party claims against the Buyer shall be excluded, except for such damages caused by wilful misconduct or gross negligence on the part of MOSER or MOSER’s agents.
10. No liability for external links
On its web pages, MOSER may provide links to other sites on the World Wide Web. The following shall apply to all such links: MOSER explicitly declares that MOSER has no influence whatsoever on the design and content of third party websites made accessible via links on MOSER’s websites. Therefore, MOSER hereby explicitly distances itself from the contents of all third party websites linked by MOSER from www.airfield.at and from the AIRFIELD© Online Shop and dissociates itself from such contents. This declaration applies to all links appearing on MOSER’s websites and all contents of web pages accessible via the links appearing on MOSER’s websites.
11. Data privacy, Confidentiality
MOSER undertakes to comply with the provisions of Section 15 of the Austrian Data Protection Act 2000 (Datenschutzgesetz 2000) and to ensure that MOSER’s employees and agents will accordingly comply with the aforementioned provisions. Both Parties agree to keep the content of the contractual arrangements and all internal information and data of the other Party that a Party receives in connection with the cooperation between the Parties confidential and not to disclose them to third parties. This obligation shall survive the termination of the contractual relationship.
Server operator and location: This Webshop is operated by MOSER. The servers are located at MOSER’s premises and/or at the premises of specialised companies, which are themselves bound to observe strict data protection rules.
11.3. Collection of data:
MOSER does not collect any personal data of website visitors who are not registered or logged in. However, the IP addresses of website visitors as well as data relating to the pages visited, the duration of visits and the operating systems and web browsers used are logged. Such data are solely used to collect information on users' browsing habits and to optimise the website on an ongoing basis. No linkage with other data will be built, in particular no linkage that would allow conclusions to be drawn about the identity of individual users.
11.4. Personal Data:
The use by MOSER of any personal data stored by Buyers in their Account (email address, postal address, etc.), shall, except for the transmission of marketing information (Newsletter) to the Buyer, exclusively be restricted to the purpose of processing the orders placed via this Webshop. Should Buyers wish to not receive any such marketing information from MOSER, they may cancel the subscription of such information in their Account settings. MOSER shall not transfer any personal data to third parties, except as necessary for the purpose of order processing (e.g. the dispatch).
11.5. Data protection:
All data stored and managed by MOSER are protected by appropriate physical, electronic and administrative measures against any unauthorised access by third parties.
11.6. Data transmission:
In order to prevent access from unauthorised third parties, all data communication, including but not limited to payment transactions, takes place via a secure SSL connection.
11.7. Google Analytics:
The Buyer acknowledges that MOSER makes use of the Google Analytics web activity analysis service. In this regard, a specific Privacy Notice may be consulted on Datenschutz.
12. Final provisions
12.1. All contractual or other legal relationships between MOSER and the Buyer are subject to the exclusive application of Austrian substantive and procedural law under explicit exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-law rules of the Austrian private international law act (Bundesgesetzüber das internationalePrivatrecht).
12.2. This choice of law shall, however, only apply to the extent that the protection provided to the Buyer by mandatory provisions of the laws of the Buyer’s state of habitual residence is not impaired by this choice of law.
12.3. MOSER reserves the right to modify or amend these T&C at any time and at MOSER’s sole discretion. Such modifications or amendments shall be notified to the Buyer at the time of the Buyer’s next login in the Webshop.
12.4. Should any individual provisions of these T&C be or become fully or partially invalid or unenforceable, the validity of the remaining provisions and the formation of an agreement shall not be affected thereby. Any such invalid or unenforceable provisions shall be deemed to be replaced by other valid and enforceable provisions that correspond as closely as possible to the commercial purpose of the invalid provisions. The same shall apply to any loopholes in the provisions of these T&C.
Walter MOSER GmbH
Industrial production of and trading with garments
Director: Walter MOSER
Landesgericht Wels (Regional Civil Court Wels)
Commercial register entry number: FN95663g
VAT identification number: ATU62055439
You may contact us by the following means:
By email: email@example.com
By phone: +43 (0) 7662 3175-122
By fax: +43 7662 2797
In the event of dispute, we agree to follow the arbitration procedures as specified by the internet ombudsman: www.ombudsmann.at
For more information on the types of proceedings, please see www.ombudsmann.at or the relevant procedural guidelines:
- Procedural guidelines of the internet ombudsman for alternative dispute resolution in accordance with the Foreign Taxation Act (AStG)
- Guidelines for arbitration procedures as specified by the internet ombudsman outside of the area of application of the Foreign Taxation Act (AStG - standard version)
The OS platform can be used to settle disputes with our company: http://ec.europa.eu/odr
You can also contact us directly with any complaints at the following email address: firstname.lastname@example.org
Version date: August 2016