I. Geltungsbereich

 

1. These General Terms and Conditions of Business apply to all deliveries and services of 

(hereinafter: "Seller/we"). The entire business relationship between the seller and the customer is subject to these GTC. The application of any previous oral or written agreement is excluded.

Customers within the meaning of these Terms and Conditions are both consumers and entrepreneurs, if the transaction is part of the operation of their business, within the meaning of §1 para 1 no 2 Consumer Protection Act (KSchG). Accordingly, the customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or self-employed professional activity.

 

II. Conclusion of the contract

1. The products in the online shop or the placement of the products on the website do not constitute a binding offer to enter into a contract for these products.

2. The conclusion of the contract can either take place in the online shop or by contacting the company (e.g. by e-mail, by telephone or by Instagram).

The customer can select products from the seller's range and collect them in a so-called shopping cart by clicking the "Add to cart" button. Before submitting the order, the customer can change and view the entered data at any time. By clicking on the button "Order now with costs", the customer submits a binding application to purchase the goods in the shopping basket. However, in order for the application to be submitted and transmitted, the customer must first accept these contractual conditions by clicking the button "I have read the cancellation policy and accept the general terms and conditions" and thereby include them in his application. 

The customer then receives an automatic confirmation of receipt from the seller by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function. The confirmation of receipt merely documents the receipt of the customer's order by the seller and does not constitute an acceptance of the application. The contract is not concluded until the Seller issues a declaration of acceptance, which is sent in a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of the order, GTC and order confirmation) is sent to the customer by the seller on a durable medium (e-mail or paper printout) (contract confirmation). The customer can also view the GTC and the cancellation policy at any time under Link GTC and Cancellation. The text of the contract will be stored in compliance with data protection laws. 

3. The contract shall be concluded in German or English. 

 

III.     Delivery, availability of goods

1. The delivery time is approx. 10-18 working days, if no or no deviating delivery time is indicated on the website. The delivery time is calculated from the time of the order confirmation, provided that the purchase price has been paid in advance. The seller is not liable for any deviating delivery times of the courier.

2. The goods are dispatched by post. The risk of loss or damage to the goods shall pass to the customer after delivery. Before accepting the parcel, the customer must check it for damage and removed contents. If the package is damaged, it should not be accepted by the courier. 

3. The seller offers shipping of goods to EU countries.  

4. The shipping costs are to be borne by the customer. The currently applicable shipping costs to the respective countries can be found in the FAQs as well as in the check-out.

 

IV. Prices and shipping costs

1. All prices quoted on the Seller's website are inclusive of the statutory value-added tax applicable at the time. 

2. In the event of revocation, the customer shall bear the direct costs of the return shipment.

 

V. Terms of payment

1. The following payment methods are available to the customer: PayPal, VISA, MasterCard. The customer can change the stored payment method in his user account at any time.

2. Payment of the purchase price is due immediately upon conclusion of the contract, unless the seller has specified a different payment term.

 

VI. Retention of title

The goods remain the property of the seller until full payment has been made. 

 

VII.   Widerrufsrecht

1. Right of withdrawal / cancellation

The customer has the right to revoke/withdraw from this contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the day on which the customer or a third party named by the customer, who is not the carrier, has or has taken possession of the goods; 

To exercise the right of withdrawal, the customer must inform

Soda Lingerie e.U.

Maria-Lassnig-Straße 33/2.03

1100 Wien

+436504542759

hello@sodalingerie.com

of the decision to revoke this contract by means of a clear declaration (e.g. a letter sent by post or e-mail). The attached model withdrawal form can be used for this purpose, but is not mandatory.

To comply with the withdrawal period, it is sufficient that the notification of the exercise of the right of withdrawal is sent before the expiry of the withdrawal period.

2. Consequences of the withdrawal / cancellation

If this contract is revoked, the Seller shall repay to the Customer all payments received from the Customer, excluding delivery costs (with the exception of additional costs resulting from the fact that a type of delivery other than the cheapest standard delivery offered by the Seller was chosen), without undue delay and at the latest within fourteen days from the day on which the notification of the revocation of this contract was received by the Seller. For this repayment, the Seller shall use the same means of payment that was used in the original transaction, unless expressly agreed otherwise; in no case shall the Customer be charged any fees because of this repayment.

The seller may refuse repayment until the goods have been received back or until proof has been provided that the goods have been returned, whichever is the earlier.

The customer shall return or hand over the goods to the seller without undue delay and in any case no later than within fourteen days from the day on which the revocation of this contract was notified.  

The deadline shall be deemed to have been met if the goods are dispatched before the expiry of the fourteen-day period.

The costs of the return shipment must currently be borne by the customer.

​The customer must only pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.

​3. Withdrawal form

If the customer wishes to cancel the contract, he/she can fill in this form and return it together with the goods. The customer can also send an e-mail to hello@sodalingerie.com.

- To

Soda Lingerie e.U.

Susanna Gangl

Maria-Lassnig-Straße 33/2.03

1100 Wien

hello@sodalingerie.com  

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

-Ordered on (*)/Received on (*)

-Name of the consumer(s)

-Address of the consumer(s)

-Signature of the consumer(s) (only in case of paper communication

-Date

(*) Delete where not applicable.

 

VIII. Warranty

The warranty period for goods delivered by the Seller to entrepreneurs is 12 months. In all other respects the statutory provisions shall apply (for consumers in particular § 8 KSchG, for entrepreneurs §§ 377, 378 UGB).

 

IX. Data protection

For details of the processing of personal data by the Seller, reference is made to the Seller's data protection declaration.

 

X. Dispute resolution

1. The place of performance shall be the registered office of the Seller.

2. The contracting parties agree on Austrian domestic jurisdiction. If the transaction is not a consumer transaction, the court with subject-matter jurisdiction at the Seller's registered office shall have exclusive local jurisdiction to decide on all disputes arising from this contract.

3. The substantive law of the Republic of Austria shall apply exclusively, to the exclusion of the conflict-of-law rules of private international law and the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall only apply to the extent that mandatory provisions of the law of the state in which the consumer has his habitual residence are not displaced.

4. The Seller is neither obliged nor willing to participate in dispute resolution proceedings at a consumer arbitration board. 

 

XI. Severability clause

FFor transactions with entrepreneurs, should individual provisions of these GTC or the contracts concluded on the basis thereof be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions of these GTC and the contracts concluded on the basis thereof. The wholly or partially invalid provision shall be replaced exclusively in the case of contracts with entrepreneurs by a provision that comes as close as possible to the meaning and purpose of the invalid provision.

 

Status: June 2022