as of 31 March 2015

Scope of application

(1) The following terms and conditions apply to all orders placed with the web shop of bob.ber biker fashion OG, Vogelbeerengasse 7, 1220 Vienna, Austria (herein after referred to as „bob.ber“) by customers as well as to all other services rendered by bob.ber.

(2) Orders may only be placed by persons of full contractual capability according to Austrian law, i.e. at least 18 years of age and possessing the legal right capacity and ability to enter into the contract. By placing an order, the customer agrees to these terms and conditions and indicates their contractual capability. bob.ber reserves the right to claim compensation for damages in case rescinding a contract becomes necessary due to a lack of full contractual capability.

Conclusion of a contract

(1) Orders via our web shop consist of several steps providing the opportunity to check all goods and the total (including additional costs) and change your specifications at the end of the process. By clicking the “buy now” button you place a binding order.

(2) This order is merely an offer on the part of the customer. On the other hand, our advertising of products on our website does not constitute a binding offer whatsoever.

(3) As soon as the order is placed, an automated email will be sent to the customer. This email does not indicate an acceptance of the order by bob.ber.

(4) Offers are accepted through an explicit declaration of acceptance or through shipping the ordered products, either of which within a appropriate time not exceeding seven days. In case bob.ber does not accept the order it must be considered declined.

(5) If it is not possible to accept an offer from a customer, bob.ber will inform them as soon as possible about it. It sometimes happens that goods are sold out or not deliverable due to other reasons, yet still listed in the online store.

Obligation of the customer

The customer is bound to the order for two days. This does not affect their legal right of rescission.

Storage of contract data

All contracts are electronically stored by bob.ber. The customer will receive a confirmation (email or hard copy) on delivery. Orders can also be tracked in customer accounts via this link: 

Prices, payment and delay of payment

(1) All prices in the web shop are usually final, including all taxes and VAT. The total price of the order, including all fees, ancillary and shipping costs, will be shown at the end of the checkout process. By confirming the order, the customer agrees to the indicated price of the products.

(2) In the case of delivery to a Non-EEA country, the customer will bear all expenses including all fees, taxes and duties.

(3) The payment of the total price is due on contract closing.

(4) In case of a delayed payment by the customers, bob.ber reserves the right to account default charges of 5%.

(5) In addition, bob.ber will charge the customer with any prosecution needed to receive the payment, such as collection and lawyers’ fees. In any case of default, a fixed rate of EUR 40.00 will be demanded as administrative charge.

Terms of delivery, reservation of proprietary rights

(1) Shipping costs are to be paid by the customer. The amount will be indicated at the end of the ordering process. It can be traced under the following link: 

(2) Products will be delivered after full payment receipt. Several days for bank transactions have to be allowed for (usually 1 to 3).

(3) The shipment will be made to the address provided by the customer.

(4) After payment receipt, bob.ber will deliver the products to the customer within a period of 30 days.

(5) Until complete payment the products remain property of bob.ber. The retention of title does not constitute a cancellation of the contract as long as it is not explicitly stated by bob.ber.

Default of acceptance

In case of default of acceptance on the part of the customer, bob.ber reserves the right to store the products at a daily storage fee of € 1.90. Additional costs for reshipping have to be paid by the customer.

Right to claim warranty

(1) Statutory rights to claim warranties are defined by the law and will not be limited by these terms and conditions (cp. in particular §§ 922 ff. ABGB i.V.m. § 9 Abs. 1 KSchG).

(2) Claims on the basis of statutory warranties or any other complaints can be filed through the contact details indicated in the imprint or in these terms and conditions. All complaints will be attended to immediately; the customer is obliged to return the products in question to bob.ber on request. The costs caused hereby will be paid by bob.ber in case the complaint was justified.

Guaranty

bob.ber does not grant any guaranty exceeding the statutory warranty. Manufacturer warranties can be found directly in the description of the respective products.

Disclaimer

Liability for damages caused by slight negligence of bob.ber is hereby excluded.

Right of revocation

Further information on the right of revocation and/or cancellation as well as a form to execute these rights can be found under the following link:

Data protection

(1) The following user data will be stored by the web shop operator for the purpose of a simple shopping process and the implementation of the contract:

Name, date of birth, address, email address, phone number, delivery and billing address, and – if applicable – user password.

(2) The storage of personal data is solely used in order to fulfill and execute the contracts (including payments and deliveries) as well as to make future orders easier for the customer through a personalised user account.

(3) Transmission of personal data to third parties is only effected if necessary to fulfil the contract (e.g. payment data to the bank, address to the delivery service).

(4) The website uses cookies. If the customer does not wish to accept cookies, the respective settings can be changed on the computer. However, this may cause a limited functionality of the website. Cookies help store certain user data (IP address, user account data and so forth) to make future orders easierand enable personalised offers.

(5) User accounts will be tested for inactivity on a regular basis. In case a user account has not been accessed to over a longer period of time it will be deleted including all user data. Legal obligations to store certain data are not affected.

(6) All data are processed according to applicable law and regulations, esp. § 96 TKG and § 8 DSG.

Newsletter

(1) The customer agrees to receive news about products, offers and other company related information via email (esp. newsletter). This agreement can be revoked at any time by adjusting the respective settings in the user account.

Applicable law / court of jurisdiction

(1) All contracts entered into under these General Terms and Conditions are exclusively subject to Austrian law. The United Nations Convention on Contracts for the International Sale of Goods does not apply unless otherwise required by mandatory consumer protection laws.

(2) Vienna is the exclusive venue for all disputes that may arise from or in connection with these terms and conditions unless otherwise required by mandatory consumer protection laws.

Severability clause / written form

If individual regulations of these AGB should be ineffective or become ineffective, that does not affect the remaining regulations. The ineffective term shall be replaced with a term that corresponds to the purpose of the agreement, unless mandatory legal regulations prohibit such modifications.

Contact details

CEO:Marko Maric
Address:bob.ber biker fashion OG
Vogelbeerengasse 7
1220 Vienna
Austria
Commercial registry:FN 445403f
Court having jurisdiction:               Handelsgericht Wien
Branch:Marxergasse 1a, 1030 Vienna, Austria
Phone:+43 677 62124525
Email:office@bobber-store.com

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