Terms of service
I. Scope of Terms and Conditions
1. these general terms and conditions apply to all deliveries and services of the
Soda Lingerie e.U.
Business purpose: Lingerie production
UID number: ATU75059348
Company register number: 524169m
Commercial register court: Commercial Court Vienna
Registered office: Maria-Lassnig-Straße 33/2.03
Phone: +43 650 4542759
(hereinafter: "Seller/we"). The entire business relationship between the Seller and the Customer is subject to these GTC. The application of previous oral or written agreements is excluded.
Customers in the sense of these terms and conditions are both consumers and entrepreneurs, if the transaction is part of the operation of their businesses, as defined in §1 para 1 Z 2 Consumer Protection Act (KSchG). Accordingly, the customer is a consumer, unless the purpose of the ordered goods and services can be attributed predominantly to his commercial or independent professional activity.
II Conclusion of contract
1. the products in the online store or the placement of the products on the website does not constitute a binding offer to conclude a contract for these products.
2. the conclusion of the contract can come about either in the online store or by contacting the company (e.g. by e-mail, by phone or by Instagram).
The customer can select products from the assortment of the seller and collect them in a so-called shopping cart via the button "Add to cart". Before submitting the order, he can change and view the entered data at any time. By clicking on the button "Order now with costs", he submits a binding application to purchase the goods in the shopping cart. However, in order for the application to be submitted and transmitted, the customer must first accept these contractual terms by clicking the button "I have read the cancellation policy and accept the terms and conditions" and thereby include them in his application.
The customer will then receive 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 represent 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.
3. the contract is concluded in German or English.
III Delivery, availability of goods
1. the delivery times can be found under the following link. The calculation of the delivery time is based on the date of the order confirmation, prior payment of the purchase price provided. The Seller shall not be liable for any deviating delivery times of the courier.
2. the goods are shipped by postal service. The risk of loss or damage to the goods is transferred to the customer after delivery. Before accepting the package, 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 the shipment of goods worldwide.
4. shipping costs are to be paid by the customer. The current 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. for orders within the European Union, the prices stated on the website include the applicable sales taxes. Customs duties and any import sales taxes for countries outside the European Union are not included in the prices and are usually collected by the delivery agent upon acceptance of the order.
2. in case of revocation the customer has to bear the direct costs of the return.
V. Terms of payment
1. the following payment methods are available to the customer: PayPal, VISA, MasterCard. In his user account, the customer can change the stored payment method at any time.
2. the payment of the purchase price is due immediately upon conclusion of the contract, unless another payment term is determined by the seller.
VI. reservation of proprietary rights
The goods remain the property of the seller until full payment.
VII. Right of revocation
All information regarding the right of withdrawal can be found under the following link.
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, please refer to the Seller's data protection declaration.
X. Dispute Resolution
(1) The place of performance shall be the registered office of the Seller.
The contracting parties agree on Austrian domestic jurisdiction. If it is not a consumer transaction, the court with subject-matter jurisdiction at the registered office of the seller shall have exclusive local jurisdiction to decide all disputes arising from this contract. 3.
(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 he has his habitual residence are not displaced.
The Seller is neither obligated nor willing to participate in dispute resolution proceedings at a consumer arbitration board.
XI Severability clause
For 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 closest to the meaning and purpose of the invalid provision.
Status: November 2021