General terms and conditions for the webshop of Agentur Carla

1. Preamble:

The present General Terms and Conditions govern the sale of products via the internet at our online shop. If the order is placed by a consumer, the relevant provisions of the consumer protection law apply. If the order is placed by an entrepreneur, provisions of the consumer protection law are excluded. 

Provider: 

“Agentur Carla” – proprietor: Marion Schöckler
Address: Hoher Markt 5/Top 34, 1010 Vienna
Email: office@love-affair.com
Phone number: 00431/ 369-69-67
VAT ID No.: ATU1028040
Member of the Chamber of Commerce Austria
Purpose of business: Sale, design and production of fashion items and textiles

2. Scope:

The present General Terms and Conditions apply to all offers, deliveries and services of Agentur Carla (abbreviated: “GTC"). Unless Agentur Carla has expressly agreed in writing in individual cases to terms or provisions stating otherwise, deviating terms or GTC will not be accepted. By selecting the text field “I have read and accepted the GTC of Agentur Carla”, the customer confirms his/her consent and the legally binding agreement of our General Terms and Conditions.  

3. Conclusion of Contract/Order Process:

In the course of the order, the closer product selection is initially made by clicking on the desired product. After the customer’s login data is entered that is required for the registration at the online shop, the choice of the shipping method is made and lastly, the payment is executed. Upon a check of the selection criteria, confirmation is given by clicking the button “order subject to payment”. The customer has the possibility thereupon to check the information and data once more and then place a binding offer to conclude a purchase contract for the products contained in the shopping cart by sending the order to the online shop. By sending the order, the customer accepts the present GTC as being applicable to the legal relationship. 

In subsequence, the customer will be informed of the receipt of the order by Agentur Carla via email, whereas this email serves merely for purposes of information and is not to be evaluated as an acceptance of the offer to conclude a contract. 

The customer is personally responsible for the proper, complete and correct input of his/her data. 

In the case the order is placed for “advance payment by wire transfer”, the ordered product will be delivered only upon receipt of the complete payment, whereas the ordered product is reserved for at most 6 calendar days.  

4. Right of Withdrawal Pursuant to Sec. 11 FAGG [Law on Distance and Cross-Border Sales] (for consumers) – Instruction:

If the customer is a consumer, he/she is entitled to withdraw from the contract within 14 calendar days as of the day on which the customer has taken the product into possession. It is sufficient if the customer has mailed the declaration of withdrawal to Agentur Carla within the deadline. Withdrawal can be declared – if the customer requests – by means of this withdrawal form. 

(…… insert link to the withdrawal form –> already prepared by me as Annex! )

If the above form is not used, the customer is obligated in the case of revocation to provide an unambiguous declaration stating the revocation. The declaration shall be sent to our following address in that case: 

“Agentur Carla” – Marion Schöckler
Address: Hoher Markt 5/Top 34, 1010 Vienna
Email: office@love-affair.com

If the customer (consumer) withdraws from the contract, Agentur Carla is obligated to return all payments received (including shipping and delivery costs) to the customer and to compensate any necessary and useful expense incurred by the customer for the purchased object. The repayment shall be made to the account used for payment by the customer and only after the product has been received by Agentur Carla. Due to the nature of the shipped products, the exercise of the right of withdrawal is possible only on the condition that the ordered product is returned by the customer completely, without damages and without having been worn (trying the product on as customary is permitted of course).  

The customer is obligated to return the received product to Agentur Carla and pay an appropriate fee for its use or compensation for any deterioration of the purchased object related to such use. The costs for the return of the product shall be borne by the customer. 

5. Payment Method/Prices/Shipment Costs:

All prices listed at our online shop apply inclusive of the value added tax. Invoicing is made in euro. The costs for the shipment are invoiced and shown separately. 

The payment can be made as follows: 

•    Advance payment by wire transfer  
•    mPay24 (Visa and Master Card)
•    PayPal
•    Instant transfer 

In case of default on payment by the customer, Agentur Carla is entitled to claim compensation of the loss caused by the delay or default interest in the statutory amount. In addition, the customer is obligated to settle the costs for dunning and collection, which are due to his/her delay in payment and which were necessary for expedient enforcement of the claim. 

6. Reservation of Title:

Delivered products shall remain the property of Agentur Carla until complete payment. 

7. Delivery of Products:

Agentur Carla shall be obligated to deliver the ordered products only once the customer has completely fulfilled all obligations under these Terms and Conditions. Unless provided otherwise in individual cases, Agentur Carla remains obligated to ship out the products within 5 working days after receipt of the complete payment. 

Agentur Carla is generally not obligated to keep the online offer available at all times and accept the order of a product, unless the order was already confirmed to the customer. 

8. Liability:

All damage compensation claims – to the legally permissible extent – shall be precluded in cases of simple negligence. Presence of simple or gross negligence shall be proven by the damaged party, unless the transaction concerned is a transaction with a consumer. 


9. Default of Customer/Unjustified Withdrawal:

In case of a delay of acceptance or default on payment by the customer, Agentur Carla is entitled to withdraw from the contract and released from all further contractual obligations. 

In case of an unjustified withdrawal from the contract by the customer, Agentur Carla is entitled at its discretion to insist on fulfillment of the contract or agree to its cancellation. In such a case, the customer will be obligated to compensate any losses incurred due to the culpable delay or unjustified withdrawal.  

10. Change of Customer Data:

The customer shall notify Agentur Carla of any changes to the residential or business address without delay. If this notification is not provided, the declarations shall also be deemed received by the customer if they were sent to the last known address. 

11. General and Final Provisions:

The registered office of Agentur Carla in 1010 Vienna is agreed as the place of fulfilment. The contract language is German. It is agreed, to the legally permissible extent, that the respective substantively competent court at the place of the registered office of Agentur Carla shall have local jurisdiction over any disputes arising from this contract. 

This contractual relationship is governed exclusively by Austrian law in exclusion of the reference standards of private international law. Should individual provisions of this contract be ineffective or invalid, this shall not affect the effectiveness or validity of the remaining provisions. The assignment of rights and duties from this contractual relationship shall be permissible only with the written agreement of Agentur Carla.