Terms & Conditions
1. General & scope
2. Order & prices
3. Payment
4. Shipping
5. Complaint & return
6. Revocation instruction
7. Liability
8. Place of jurisdiction & dispute resolution
9. Final provisions
1. GENERAL & SCOPE
These terms and conditions apply to all purchases made by private customers at Avanyah [legal-notice]. All deliveries and services are provided exclusively on the basis of the following General Terms and Conditions, also referred to as “GTC”, in the version valid at the time of the order. The contractual partner is Alexander Müller [hereinafter referred to as “Seller”]. Private customers in this sense of these Terms and Conditions [hereinafter “Customer”] are persons with residence and delivery address, provided that the goods ordered by them can be attributed neither to their commercial nor their independent professional activity. Business customers are requested to place orders on the order pages [line sheets] accessible via the business customer login.
2. ORDER & PRICES
To complete the purchase, you must accept our terms and conditions and click the [Buy] button. This will send the order to us. After submitting the order, we will first send you an order receipt confirmation email. If we accept your order, you will receive an order confirmation by e-mail after receipt of your order, with which the contract is concluded. We retain ownership of the purchased item until the invoice amount has been paid in full.
If the seller offers the possibility of payment in advance, the contract is concluded at the time when the customer provides his bank details and complies with the request for payment. If the payment is not received by the seller within 10 calendar days after sending the order confirmation despite due date and reminder by the customer, the seller is entitled to withdraw from the contract, whereby the order expires and the seller is released from his delivery obligation. At this time, the order is considered completed without any further consequences for the customer or the seller. Products for which prepayment is offered can therefore be reserved for a maximum of 10 calendar days. The marked prices are final prices including VAT. The amount shown at the time of the binding order applies. In addition, there are shipping costs, which depend on the shipping method and the size and weight of the product(s) ordered by the buyer.
3. PAYMENT
Payment methods: [payment-methods]
Credit cards – via Stripe
Bank transfer – via Stripe
Prepayment – cash or bank transfer into our bank account
Cash – at the pick up or e.g. TransferWise
PayPal
4. SHIPPING
All prices include the legal value added tax plus shipping costs (excl. customs or import costs). We deliver with suppliers of our choice. However, these may vary, as we always strive to offer our customers the best possible delivery conditions. Shipment is made to the delivery address provided by the customer in a delivery period of 3 to 21 days. You can find out about the details at [delivery-and-return]. If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or any other service permanently impossible, Avanyah’s obligation to perform is excluded. Amounts already paid will be immediately refunded by Avanyah in the form of a repayment or a voucher of at least the same value. Avanyah may also refuse performance insofar as this requires an effort that is grossly disproportionate to the Customer’s interest in fulfilling the purchase contract, taking into account the content of the purchase contract and the dictates of good faith. Amounts already paid will be refunded by Avanyah without delay.
5. COMPLAINT & RETURN
When returning the goods and accessories, please use the original packaging if possible, even if it is damaged due to an opening for functional testing. Send us the package using the most convenient shipping method for you with tracking number, so that the package will not be lost on the way back. Avanyah is a small fashion label that is still in its development phase and tries to take care of the environment in the best possible way. We are a small company run with love and a personal and friendly customer service. Please understand that Avanyah will not cover any additional costs, e.g. for return shipping. The regular costs of return shipping incurred in the event of a return of the goods by the buyer in exercise of your right of withdrawal [see below], the customer himself bears, provided that the item was not defective, damaged or incorrectly delivered.
Defect rights:
A product that is already defective upon delivery (warranty case) will be replaced by a defect-free one or professionally repaired by Avanyah at the Customer’s discretion at Avanyah’s expense (subsequent performance). The Customer may, at its option, withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in a contractually compliant condition of the product within a reasonable period of time. A warranty case does not exist in particular in the following cases:
in the case of damage caused to the customer by misuse or improper use, for damage caused by the fact that the products have been exposed to harmful external influences at the customer’s premises (in particular extreme temperatures, humidity, unusual physical or electrical stress, voltage fluctuations, lightning, static electricity, fire), for a fault caused by improper repair by a service partner not authorized by the manufacturer.
as well as in all cases listed in the cancellation policy at the end under “Exclusion of the right of cancellation”. The customer shall pay compensation for the loss of value or further deterioration of the goods not caused by the defect as well as for the impossibility of handing over the goods in the period between delivery of the goods and return of the goods not caused by the defect.
Retention of title:
The delivered goods remain the property of Avanyah until all claims against the Customer arising from the purchase contract have been settled in full. As long as this retention of title exists, the Customer may neither resell nor dispose of the goods; in particular, the Customer may not contractually grant third parties any use of the goods.
6. REVOCATION POLICY
Right of revocation:
You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter or e-mail sent by post). You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory. To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation:
If you revoke this contract, we must reimburse you for the cost of the product as well as the delivery costs (except for additional costs for express deliveries or other ausernaturlichen deliveries). For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you. We may refuse to make the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You must bear the direct costs of returning the goods. You only have to 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 checking the condition, properties and functioning of the goods.
Exclusion of the right of withdrawal:
The right of withdrawal or a warranty does not exist
In the case of contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, In the case of contracts for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature, If there are signs of misuse, such as: if the product has already been demonstrably worn, altered or damaged, In the case of purchases or the conclusion of contracts where the consumer is present in person, If the details and size tables indicated in the product descriptions have not been respected. In this case, the amount received will be refunded by the seller, apart from the shipping costs, payment processing fees and logistics/handling fees as these are borne by the consumer. In case of payment with vouchers. In case of partial payment with voucher or discount, the value of the redeemed voucher will not be refunded, If the revocation is not justified in detail.
Sample revocation form:
(If you want to revoke the contract, please fill out this form and send it back).
To Avanyah – Alexander Müller, Erne-Seder Gasse 8, 1030 Vienna, Austria, office@avanyah.com:
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / following service (*).
Ordered on ….
Received on …..
Name of the consumer(s) …..
Address of the consumer(s) …..
Date …..
Name of consumer(s) ….
Possibly signature ….
7. LIABILITY
The following exclusions and limitations of liability in connection with the Seller’s liability for damages shall apply without prejudice to any other statutory requirements for claims.
The Seller shall be liable without limitation if damage has been caused intentionally or by gross negligence. The Seller shall also be liable for slight negligence in the event of a breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, as well as in the event of a breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the Customer may regularly rely. In this case, however, the Seller’s liability shall be limited to the foreseeable damage typical for the contract. The Seller shall not be liable in the event of a slightly negligent breach of obligations other than those specified in the above sentences. The above limitations of liability shall not apply in the case of damage resulting from injury to life, body or health, in the case of defects discovered after a guarantee for the quality of the product has been given or in the case of defects which have been fraudulently concealed. Liability under the law on liability for defective products shall remain unaffected. As far as the liability of the seller is excluded or limited, this also applies to the personal liability of employees, representatives and agents.
8. PLACE OF JURISDICTION & DISPUTE RESOLUTION
If, contrary to the information you provided when placing the order, you do not have a residence in the Republic of Austria, or if you move your residence abroad after conclusion of the contract, or if your residence is not known at the time of filing the lawsuit, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be Vienna, Austria. General information requirements for alternative dispute resolution in accordance with Article 14 (1) ODR Regulation and § 36 VSBG (Consumer Dispute Resolution Act): The European Commission provides a platform for online dispute resolution (OS), which can be found at this address: http://ec.europa.eu/consumers/odr/ . We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
9. FINAL PROVISIONS
Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the contract, insofar as a contracting party is not unreasonably disadvantaged thereby. Changes or additions to this contract must be made in writing. If you have any questions, complaints or claims, please contact us. You can reach us Monday to Friday between 9:00 am and 6:00 pm by e-mail at office@avanyah.com.
Privacy Policy
Privacy Policy
At thealtheamovement.com, one of our main priorities is the privacy of our visitors. This Privacy Policy document contains types of information that is collected and recorded by thealtheamovement.com and how we use it.
If you have additional questions or require more information about our Privacy Policy, do not hesitate to contact us.
This Privacy Policy applies only to our online activities and is valid for visitors to our website with regards to the information that they shared and/or collect in thealtheamovement.com. This policy is not applicable to any information collected offline or via channels other than this website.
Consent
By using our website, you hereby consent to our Privacy Policy and agree to its terms. Information we collect
The personal information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your personal information.
If you contact us directly, we may receive additional information about you such as your name, email address, phone number, the contents of the message and/or attachments you may send us, and any other information you may choose to provide.
When you register for an Account, we may ask for your contact information, including items such as name, company name, address, email address, and telephone number.
How we use your information
We use the information we collect in various ways, including to:
- Provide, operate, and maintain our website
- Improve, personalize, and expand our website
- Understand and analyse how you use our website
- Develop new products, services, features, and functionality
- Communicate with you, either directly or through one of our partners, including for customer service, to provide you with updates and other information relating to the website, and for marketing and promotional purposes
- Send you emails
- Find and prevent fraud
Log Files
thealtheamovement.com follows a standard procedure of using log files. These files log visitors when they visit websites. All hosting companies do this and a part of hosting services’ analytics. The information collected by log files include internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, referring/exit pages, and possibly the number of clicks. These are not linked to any information that is personally identifiable. The purpose of the information is for analysing trends, administering the site, tracking users’ movement on the website, and gathering demographic information.
Cookies and Web Beacons
Like any other website, thealtheamovement.com uses “cookies”. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.
Advertising Partners Privacy Policies
You may consult this list to find the Privacy Policy for each of the advertising partners of thealtheamovement.com.
Third-party ad servers or ad networks uses technologies like cookies, JavaScript, or Web Beacons that are used in their respective advertisements and links that appear on thealtheamovement.com, which are sent directly to users’ browser. They automatically receive your IP address when this occurs. These technologies are used to measure the effectiveness of their advertising campaigns and/or to personalize the advertising content that you see on websites that you visit.
Note that thealtheamovement.com has no access to or control over these cookies that are used by third-party advertisers.
Third Party Privacy Policies
thealtheamovement.com’s Privacy Policy does not apply to other advertisers or websites. Thus, we are advising you to consult the respective Privacy Policies of these third-party ad servers for more detailed information. It may include their practices and instructions about how to opt-out of certain options.
You can choose to disable cookies through your individual browser options. To know more detailed information about cookie management with specific web browsers, it can be found at the browsers’ respective websites.
CCPA Privacy Rights (Do Not Sell My Personal Information)
Under the CCPA, among other rights, California consumers have the right to:
Request that a business that collects a consumer’s personal data disclose the categories and specific pieces of personal data that a business has collected about consumers.
Request that a business delete any personal data about the consumer that a business has collected. Request that a business that sells a consumer’s personal data, not sell the consumer’s personal data.
If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.
GDPR Data Protection Rights
We would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:
- The right to access – You have the right to request copies of your personal data. We may charge you a small fee for this service.
- The right to rectification – You have the right to request that we correct any information you believe is inaccurate. You also have the right to request that we complete the information you believe is incomplete.
- The right to erasure – You have the right to request that we erase your personal data, under certain conditions.
- The right to restrict processing – You have the right to request that we restrict the processing of your personal data, under certain conditions.
- The right to object to processing – You have the right to object to our processing of your personal data, under certain conditions.
- The right to data portability – You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.
If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.
Children’s Information
Another part of our priority is adding protection for children while using the internet. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity.
thealtheamovement.com does not knowingly collect any Personal Identifiable Information from children under the age of 13. If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately and we will do our best efforts to promptly remove such information from our records.
Changes to This Privacy Policy
We may update our Privacy Policy from time to time. Thus, we advise you to review this page periodically for any changes. We will notify you of any changes by posting the new Privacy Policy on this page. These changes are effective immediately, after they are posted on this page.
If you have any questions or suggestions about our Privacy Policy, do not hesitate to contact us.
1. General information
We handle our customers’ data responsibly and in accordance with Austrian and EU data protection laws.
2. Data collected and purpose
We collect personal data, including:
Name, address, email (for order processing and customer service).
Payment information (for transaction processing).
Website usage data (for analyses and improvements).
3. Use of third-party providers
We use the following third-party providers:
Hosting: web hosting services.
Website functions: WordPress, WooCommerce, Elementor.
Payment processing: PayPal, Stripe, SumUp.
Security: Wordfence security.
Analytics: Google Analytics, Google Tag Manager.
Marketing: MailerLite, Google Ads, Facebook, Instagram, TikTok Shop.
4. storage of data
Customer data is stored to the extent necessary for order processing and legal obligations.
5. data protection rights
Customers have rights under GDPR, including:
Right of access to stored data.
Right to rectification or erasure.
Right to object to data processing.
Requests can be made via office@avanyah.com
6. cookies and tracking technologies
We use cookies for the functionality of the website and for analysis purposes. Customers can manage cookie preferences in their browser settings.
7. Data Security
We implement appropriate technical and organizational measures to protect customer data from unauthorized access.
For data protection inquiries, contact:
- Avanyah www.avanyah.com or office@avanyah.com
- Efi & The Althea wwww.thealtheamovement.com or efi@thealtheamovement.com
Refund Policy
Attention: For the provision of digital content (e.g. downloads) with fulfillment of the contract within the otherwise existing withdrawal period, there are special provisions which in fact also require prior information: express consent of the consumer to the immediate download combined with confirmation that the consumer is aware of the loss of the right of withdrawal. In addition, this information must also be included in the (post-contractual) confirmation of the order. Only if all three points are fulfilled, the right of withdrawal does not apply (§ 18 para. 1 no. 11 FAGG).
There is also no right of withdrawal in the case of (§ 18 Para. 1 Z 2, Z 10; Para. 2; Para. 3 FAGG): Services whose price depends on financial market fluctuations that may occur within the withdrawal period; urgent repair or maintenance work if the consumer has expressly requested the trader to visit the premises; public auctions; services in the areas of: Accommodation (for purposes other than residential purposes), transportation of goods, car rental, supply of food and drink leisure activities if the contract provides for a specific date or period for the service.
The right of withdrawal exists in principle, but does not apply (§ 18 para. 1 no. 1 and no. 11 FAGG)
a) after complete provision of the service. If the consumer is obliged to make a payment, the right of withdrawal shall only lapse if the trader has commenced performance of the contract with the consumer’s prior express consent and if the consumer has confirmed before commencement that he has taken note of the fact that he loses his right of withdrawal with the fulfillment of the contract.
b) for digital content that is not supplied on a tangible medium (e.g. downloads), if the trader has started to perform the contract.
If the consumer is obliged to make a payment, the right of withdrawal shall only lapse if the consumer has expressly consented to the commencement of the performance of the contract before expiry of the withdrawal period and the consumer has confirmed that he has taken note of the fact that he loses his right of withdrawal due to the premature commencement of the performance of the contract, and if the trader has provided the consumer with a confirmation in accordance with Section 7 (3) (confirmation of the concluded contract on a durable medium from which the consumer’s consent and knowledge of the loss of the right of withdrawal can be seen; including all information obligations under Section 4 FAGG).
Suggested wording (example):
“For audio or video recordings such as CDs, DVDs and computer software delivered in a sealed package, the right of withdrawal (right of withdrawal) does not apply if the goods have been unsealed after delivery.”
Information on exercising the right of withdrawal
Cancellation policy – Digital content
Cancellation policy:
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract. To exercise your right of withdrawal, you must inform us (Imprint) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Waiver of the right of withdrawal (right of revocation):
The consumer has no right of withdrawal (right of revocation) for the delivery of digital content not stored on a physical data carrier if the trader – with the express consent of the consumer, together with the consumer’s confirmation of the loss of the right of withdrawal (right of revocation) in the event of premature commencement with the fulfillment of the contract and after providing a copy or confirmation in accordance with Section 7 (3) FAGG – has begun delivery before the expiry of the otherwise existing withdrawal period. Pursuant to Section 7 (3) FAGG, the consumer shall be provided with a confirmation of the concluded contract on a durable medium (e.g. e-mail) together with the information specified in Section 4 (1) FAGG within a reasonable period of time after the conclusion of the contract, but at the latest before the start of performance, unless this information has already been provided on a durable medium. The contract confirmation shall in any case contain a confirmation of consent to the immediate provision of the service and confirmation that the consumer is aware of the resulting lapse of the right of withdrawal (right of revocation).
Cancellation form:
(If you want to cancel the contract, please fill out this form and send it back to us)
-To
[the name, address and e-mail address of the entrepreneur must be inserted here by the entrepreneur]
I/we (*) hereby cancel 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 notification on paper)
-Date
1. General & scope
2. Order & prices
3. Payment
4. Shipping
5. Complaint & return
6. Revocation instruction
7. Liability
8. Place of jurisdiction & dispute resolution
9. Final provisions
1. General & Scope
These terms and conditions apply to all purchases made by
private customers at Avanyah [legal-notice]. All deliveries and
services are provided exclusively on the basis of the following
General Terms and Conditions, also referred to as “GTC”, in
the version valid at the time of the order. The contractual
partner is Alexander Müller [hereinafter referred to as “Seller”].
Private customers in this sense of these Terms and Conditions
[hereinafter “Customer”] are persons with residence and
delivery address, provided that the goods ordered by them can
be attributed neither to their commercial nor their independent
professional activity.
Business customers are requested to place orders on the order
pages [line sheets] accessible via the business customer login.
2. Order & Prices
To complete the purchase, you must accept our terms and
conditions and click the [Buy] button. This will send the order to
us.
After submitting the order, we will first send you an order
receipt confirmation email. If we accept your order, you will
receive an order confirmation by e-mail after receipt of your
order, with which the contract is concluded.
We retain ownership of the purchased item until the invoice
amount has been paid in full.
If the seller offers the possibility of payment in advance, the
contract is concluded at the time when the customer provides
his bank details and complies with the request for payment.
If the payment is not received by the seller within 10 calendar
days after sending the order confirmation despite due date and
reminder by the customer, the seller is entitled to withdraw from
the contract, whereby the order expires and the seller is
released from his delivery obligation. At this time, the order is
considered completed without any further consequences for the
customer or the seller. Products for which prepayment is
offered can therefore be reserved for a maximum of 10
calendar days.
The marked prices are final prices including VAT. The amount
shown at the time of the binding order applies. In addition,
there are shipping costs, which depend on the shipping method
and the size and weight of the product(s) ordered by the buyer.
3. Payment
Payment methods:
● Credit cards – via Stripe
● Bank transfer – via Stripe
● Prepayment – cash or bank transfer into our bank
account
● Cash – at the pick up or e.g. TransferWise
● PayPal
4. Shipping
All prices include the legal value added tax plus shipping costs
(excl. customs or import costs).
We deliver with suppliers of our choice. However, these may
vary, as we always strive to offer our customers the best
possible delivery conditions. Shipment is made to the delivery
address provided by the customer in a delivery period of 3 to
21 days. You can find out about the details at
[delivery-and-return].
If force majeure (natural disasters, war, civil war, terrorist
attack) makes delivery or any other service permanently
impossible, thealtheamovement.com’s obligation to perform is
excluded. Amounts already paid will be immediately refunded
by thealtheamovement.com in the form of a repayment or a
voucher of at least the same value.
Thealtheamovement.com may also refuse performance insofar
as this requires an effort that is grossly disproportionate to the
Customer’s interest in fulfilling the purchase contract, taking
into account the content of the purchase contract and the
dictates of good faith. Amounts already paid will be refunded by
thealtheamovement.com without delay.
5. Complaint & Return
When returning the goods and accessories, please use the
original packaging if possible, even if it is damaged due to an
opening for functional testing.
Send us the package using the most convenient shipping
method for you with tracking number, so that the package will
not be lost on the way back. thealtheamovement.com is a small
fashion label that is still in its development phase and tries to
take care of the environment in the best possible way. We are a
small company run with love and a personal and friendly
customer service. Please understand that
thealtheamovement.com will not cover any additional costs,
e.g. for return shipping.
The regular costs of return shipping incurred in the event of a
return of the goods by the buyer in exercise of your right of
withdrawal [see below], the customer himself bears, provided
that the item was not defective, damaged or incorrectly
delivered.
Defect rights:
A product that is already defective upon delivery (warranty
case) will be replaced by a defect-free one or professionally
repaired by thealtheamovement.com at the Customer’s
discretion at thealtheamovement.com’s expense (subsequent
performance).
The Customer may, at its option, withdraw from the contract or
reduce the purchase price if the repair or replacement delivery
has not resulted in a contractually compliant condition of the
product within a reasonable period of time.
A warranty case does not exist in particular in the following
cases:
● in the case of damage caused to the customer by
misuse or improper use,
● for damage caused by the fact that the products have
been exposed to harmful external influences at the
customer’s premises (in particular extreme
temperatures, humidity, unusual physical or electrical
stress, voltage fluctuations, lightning, static electricity,
fire),
● for a fault caused by improper repair by a service partner
not authorized by the manufacturer.
● as well as in all cases listed in the cancellation policy at
the end under “Exclusion of the right of cancellation”.
The customer shall pay compensation for the loss of value or
further deterioration of the goods not caused by the defect as
well as for the impossibility of handing over the goods in the
period between delivery of the goods and return of the goods
not caused by the defect.
Retention of title:
The delivered goods remain the property of
thealtheamovement.com until all claims against the Customer
arising from the purchase contract have been settled in full. As
long as this retention of title exists, the Customer may neither
resell nor dispose of the goods; in particular, the Customer may
not contractually grant third parties any use of the goods.
6. Revocation Policy
Right of revocation:
You have the right to revoke this contract within fourteen days
without giving any reason. The revocation period is fourteen
days from the day on which you or a third party named by you,
who is not the carrier, has or has taken possession of the
goods. To exercise your right of withdrawal, you must inform us
of your decision to withdraw from this contract by means of a
clear statement (e.g. a letter or e-mail sent by post). You can
use the attached sample withdrawal form for this purpose,
which is, however, not mandatory. To comply with the
revocation period, it is sufficient that you send the notification of
the exercise of the right of revocation before the expiry of the
revocation period.
Consequences of revocation:
If you revoke this contract, we must reimburse you for the cost
of the product as well as the delivery costs (except for
additional costs for express deliveries or other ausernaturlichen
deliveries). For this repayment, we will use the same means of
payment that you used in the original transaction, unless
expressly agreed otherwise with you.
We may refuse to make the repayment until we have received
the goods back or until you have provided proof that you have
returned the goods, whichever is the earlier. You must return or
hand over the goods to us without undue delay and in any case
no later than within fourteen days from the day on which you
notify us of the revocation of this contract.
The deadline is met if you send the goods before the expiry of
the period of fourteen days. You must bear the direct costs of
returning the goods. You only have to 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 checking the condition, properties and
functioning of the goods.
Exclusion of the right of withdrawal:
The right of withdrawal or a warranty does not exist
● In the case of contracts for the delivery of goods which
are not prefabricated and for the manufacture of which
an individual selection or determination by the consumer
is decisive or which are clearly tailored to the personal
needs of the consumer,
● In the case of contracts for the delivery of goods if these
have been inseparably mixed with other goods after
delivery due to their nature,
● If there are signs of misuse, such as: if the product has
already been demonstrably worn, altered or damaged,
● In the case of purchases or the conclusion of contracts
where the consumer is present in person,
● If the details and size tables indicated in the product
descriptions have not been respected. In this case, the
amount received will be refunded by the seller, apart
from the shipping costs, payment processing fees and
logistics/handling fees as these are borne by the
consumer.
● In case of payment with vouchers. In case of partial
payment with voucher or discount, the value of the
redeemed voucher will not be refunded,
● If the revocation is not justified in detail.
Sample revocation form:
(If you want to revoke the contract, please fill out this form and
send it back).
To Alexander Müller, Erne-Seder Gasse 8, 1030 Vienna,
Austria, office@avanyah.com
I/we (*) hereby revoke the contract concluded by me/us (*) for
the purchase of the following goods (*) / following service (*).
Ordered on ….
Received on …..
Name of the consumer(s) …..
Address of the consumer(s) …..
Date …..
Name of consumer(s) ….
Possibly signature ….
7. Liability
The following exclusions and limitations of liability in connection
with the Seller’s liability for damages shall apply without
prejudice to any other statutory requirements for claims.
● The Seller shall be liable without limitation if damage has
been caused intentionally or by gross negligence.
● The Seller shall also be liable for slight negligence in the
event of a breach of essential obligations, the breach of
which jeopardizes the achievement of the purpose of the
contract, as well as in the event of a breach of
obligations, the fulfillment of which makes the proper
execution of the contract possible in the first place and
on the observance of which the Customer may regularly
rely. In this case, however, the Seller’s liability shall be
limited to the foreseeable damage typical for the
contract. The Seller shall not be liable in the event of a
slightly negligent breach of obligations other than those
specified in the above sentences.
● The above limitations of liability shall not apply in the
case of damage resulting from injury to life, body or
health, in the case of defects discovered after a
guarantee for the quality of the product has been given
or in the case of defects which have been fraudulently
concealed. Liability under the law on liability for defective
products shall remain unaffected.
● As far as the liability of the seller is excluded or limited,
this also applies to the personal liability of employees,
representatives and agents.
8. Place of Jurisdiction & Dispute Resolution
If, contrary to the information you provided when placing the
order, you do not have a residence in the Republic of Austria,
or if you move your residence abroad after conclusion of the
contract, or if your residence is not known at the time of filing
the lawsuit, the place of jurisdiction for all disputes arising from
and in connection with the contractual relationship shall be
Vienna, Austria.
General information requirements for alternative dispute
resolution in accordance with Article 14 (1) ODR Regulation
and § 36 VSBG (Consumer Dispute Resolution Act): The
European Commission provides a platform for online dispute
resolution (OS), which can be found at this address:
http://ec.europa.eu/consumers/odr/ . We are not obliged or
willing to participate in a dispute resolution procedure before a
consumer arbitration board.
9. Final Provisions
Should individual provisions of this contract be or become
invalid or void in whole or in part, this shall not affect the validity
of the remainder of the contract, insofar as a contracting party
is not unreasonably disadvantaged thereby.
Changes or additions to this contract must be made in writing.
If you have any questions, complaints or claims, please contact
us. You can reach us Monday to Friday between 9:00 am and
6:00 pm by e-mail at Efi@dev.thealtheamovement.com
§ 1 General, scope of application of the GTCs
1.1 All deliveries and services are provided exclusively on the basis of the following General Terms and Conditions (hereinafter “GTC”) in the version valid at the time of the order.
1.2 The contracting party is Alexander Müller (hereinafter “Seller”).
1.3 Customers within the meaning of these Terms and Conditions may be consumers (hereinafter “Customer”). Consumers within the meaning of the Terms and Conditions are natural persons who conclude contracts for a purpose that can predominantly be attributed neither to their commercial nor to their professional activity.
§ 2 Conclusion of the contract, conclusion of the contract
2.1 The offers and article presentations do not constitute a binding offer. Only your order is a binding offer according to § 145 of the German Civil Code (BGB), which we can accept. After sending the order, we will first send you an order receipt confirmation by e-mail. If we accept your order, you will receive an order confirmation by e-mail after receipt of your order, with which the contract is concluded.
2.2 Once you have found the product you want, you can take a closer look at it without obligation by clicking on the product name or the product image. By clicking on the button [Add to shopping cart] you can place the item in the shopping cart. You can view the contents of the shopping basket without obligation at any time by clicking on the [Shopping Basket] button. You can remove or change the products from the shopping basket by clicking on the [Change] and [Delete] graphics. If you want to buy the products in the shopping basket, click on the [Checkout] button on the “Shopping Basket” page. In the course of the further ordering process, you set up a customer account with us for your first purchase and select the shipping method and the payment method. In the last step, you will receive an overview of your order data under “Order information” and can check all details again and [correct] or change them. You can also correct input errors by navigating backwards in the browser or by cancelling the order process and starting again. To complete the purchase, you must accept our General Terms and Conditions and press the [Buy] button. This will send the order to us.
2.3 If the seller offers the option of payment in advance, the contract is concluded at the time the customer provides his bank details and complies with the request for payment. If the payment is not received by the Seller within 10 calendar days after the order confirmation has been sent, despite the due date and a reminder from the Customer, the Seller shall be entitled to withdraw from the contract, whereby the order shall lapse and the Seller shall be released from its delivery obligation. At this point, the order is deemed to be completed without any further consequences for the customer or the seller. Products for which advance payment is offered can therefore be reserved for a maximum of 10 calendar days.
§ 3 Storage of the contract text
We store your order, the order data entered and the entire text of the contract. We will send you an order receipt confirmation by e-mail and subsequently an order confirmation with all order data.
§ 4 Right of withdrawal for consumers
The following right of revocation only applies to consumers in distance selling.
1.Cancellation policy – Right of withdrawal:
You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). You can use the attached model withdrawal form for this purpose, which is, however, not mandatory. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period. Consequences of withdrawal: If you revoke this contract, we must reimburse you for the cost of the product, as well as the delivery costs. For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You only have to 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 checking the condition, properties and functioning of the goods.
2.Exclusion of the right of withdrawal – The right of revocation does not exist:
• In the case of contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
• In the case of contracts for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature,
• If there is evidence of misuse, such as: if the product has already been demonstrably worn or altered.
• If the size chart given in the product description has not been taken into account. In this case, the product will be replaced by the seller, but the delivery costs are to be borne by the customer.
• If the revocation is not justified in detail.
§ 5 Model cancellation form
(If you wish to cancel the contract, please complete and return this form).
To [here the name, address and e-mail address of the entrepreneur is to be inserted by the entrepreneur]:
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of
of the following goods (*)/provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of consumer(s) (only in case of paper communication)
Date
(*) Delete where inapplicable.
§ 6 Prices and shipping costs
All prices include the statutory value added tax plus shipping costs. We deliver with suppliers of our choice. These may vary, however, as we always endeavour to offer our customers the best possible delivery conditions.
§ 7 Terms of delivery
7.1 Our products are shipped worldwide within a period of 3 to 14 days. The shipping costs are usually between € 4.- and € 30.- depending on the country of destination.
7.2 You can find more information on delivery conditions in our online shop.
§ 8 Terms of payment
8.1 Payment can be made either in advance by bank transfer, by credit card (VISA, Mastercard), by instant bank transfer or by Paypal.
We reserve the right to exclude individual payment methods.
8.1.1 If the customer chooses payment in advance, he has the option of transferring the amount in cash to the bank of his choice. In this case, the goods will be reserved until we have received the payment.
8.2 We reserve the right of ownership of the purchased item until the invoice amount has been paid in full.
§ 9 Warranty
If you are a consumer, the warranty shall be in accordance with the statutory provisions.
§ 10 Liability
10.1 The following exclusions and limitations of liability in connection with the Seller’s liability for damages shall apply irrespective of any other statutory requirements for claims.
10.2 The Seller shall be liable without limitation if damage has been caused intentionally or by gross negligence.
10.3 The Seller shall also be liable for slight negligence in the event of a breach of essential obligations, the breach of which jeopardises the achievement of the purpose of the contract, as well as in the event of a breach of obligations, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the customer may regularly rely. In this case, however, the Seller’s liability shall be limited to the foreseeable damage typical for the contract. The Seller shall not be liable in the event of a slightly negligent breach of obligations other than those referred to in the above sentences.
10.4 The above limitations of liability shall not apply in the event of damage resulting from injury to life, limb or health, in the event of defects which were discovered after a guarantee for the quality of the product was given or in the event of defects which were fraudulently concealed. Liability under the law on liability for defective products shall remain unaffected.
10.5 Insofar as the Seller’s liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
§ 11 Customer service
Please contact us if you have any questions, complaints or claims. You can reach us Monday – Friday between 9.00 a.m. and 6.00 p.m. by e-mail at office@avanyah.com.
§ 12 Miscellaneous
12.1 The contractual language is German.
12.2 The European Commission provides a platform for online dispute resolution (OS). This can be reached via the following Internet address: https://ec.europa.eu/consumers/odr/.
12.3 If one or more provisions of these GTC are invalid, the remainder of the contract shall remain valid. Insofar as the provisions are invalid, the content of the contract shall be governed by the statutory provisions.
