Terms and Conditions

Terms of Use & GTC

Terms and Conditions

Our General Terms and Conditions are pre-formulated contractual conditions. They are valid for purchases in the SKARF online shop.

1. Scope and Definitions

The business relationship between SKARF Vienna and the customer (hereinafter referred to as "customer") is governed exclusively by the following General Terms and Conditions in their version valid at the time of the respective order. Any conflicting or other general terms and conditions and/or other conditions of the customer are expressly contradicted, regardless of their designation, unless the seller expressly agrees to their validity in writing.

Individual agreements made with the customer (including side agreements, supplements, and/or changes) take precedence over the seller's General Terms and Conditions in any case. The content of such agreements is determined by a written contract and/or the written confirmation of the seller. This also applies to the waiver of this written form requirement.

 

2. Conclusion of Contract / Correction Possibility

The SKARF websites merely represent an invitation to the customer to submit offers for the conclusion of a purchase contract for the presented goods. The order confirmation sent to the customer via email does not yet lead to a purchase contract. This only occurs with the delivery of the goods, which constitutes the declaration of acceptance. No contract is concluded for goods that are not delivered. SKARF reserves the right to refuse the conclusion of the contract, and the decision lies at the sole discretion of SKARF.

Slight color deviations of the goods displayed on the website are technically conditioned.

SKARF does not accept orders from customers who have not yet reached the age of 18.

An order can only be placed if all mandatory fields marked with * in the order form are filled out. If information is missing or SKARF cannot fulfill the order for other reasons, the customer will receive an error message. Before finally submitting the order, the customer will have the opportunity to correct their order. Supporting information will be provided to the customer during the ordering process. Once the ordering process is complete, the customer will be notified through an info window stating "Your order is complete and has been successfully sent." This does not yet constitute acceptance of the customer's offer.

3. Order Confirmation

The customer's order data will be stored. If the customer wishes a printout of their order, they have the option to print a "Order Confirmation." This appears on the customer's screen after they have submitted the order to SKARF by clicking the "Submit Order" button and their payment details have been successfully verified. Additionally, the customer will be notified via the email address provided by them when their order has been received by SKARF. This notification does not constitute acceptance of their offer.

4. Prices and Shipping Costs

Prices are stated in EURO.

4.1. Shipping Costs

The shipping costs for sending the goods to the customer are covered by SKARF if the customer's shipping address is in Austria.

For the shipment or transport of goods to another EU country as well as a non-EU country (=third country, e.g., Switzerland, USA, Japan,…) the customer incurs no costs, but the customer must bear any duties, fees, and charges that are levied upon import. Any foreign bank fees are also to be borne by the customer.
Duties, fees, and charges paid by the customer or handling fees of the carrier will NOT be refunded to the customer in the event of a return of the goods.

4.2. Return Shipping Costs

Within Austria, the return shipment is free for the customer; SKARF covers the return shipping costs. Please contact us via email at hello@skarf.at for the return shipping. You will then receive the relevant return forms from us via email.

Customers from another EU country as well as from a country outside the European Union (=third country, e.g., Switzerland, USA, Japan,…) must initiate the return (by post or another carrier) themselves and bear the costs for it.

5. Delivery, Delivery Times, Product Availability, Shipping

SKARF will prepare the order for delivery within five working days. 

If at the time of the customer's order the product selected by the customer cannot be manufactured or delivered within the specified delivery period due to unavailability of the required raw materials or other production-related reasons, or if SKARF cannot meet the specified delivery periods due to force majeure or other reasons not attributable to it, the customer will be informed of this by SKARF without delay.

At the same time, SKARF will set a new delivery period for the customer that is appropriate to the circumstances. If the goods are also unavailable within the new delivery period for reasons not attributable to SKARF, SKARF may withdraw from the contract in whole or in part. Any consideration already provided will be refunded to the customer without delay. If the customer finds it unreasonable to accept the delivery due to the delay, they can withdraw from the contract by immediate declaration in text form (i.e., in writing, by fax, or by email) to SKARF.

If the customer has ordered multiple items, it may happen that SKARF ships them in multiple deliveries. SKARF will inform the customer of this before shipping. If a part of the goods ordered by the customer is temporarily or permanently unavailable, that part of the order will be canceled. The shipping confirmation will only mention the parts of the order that are actually available. Thus, a contract is concluded only for the goods listed in the shipping confirmation as available. A contract for unavailable parts of the order will not be concluded.

Shipping is carried out with GLS or the Post, depending on which shipping method is more cost-effective, or at the customer's request with EMS.

The risk of damage passes to the customer upon delivery of the goods to the carrier, otherwise upon the customer's acceptance delay. If the customer receives goods that are visibly damaged during transport, they can exercise their right of return.

6. Right of Withdrawal

Customers can withdraw from the contract within 14 days of receiving the ordered goods without stating any reasons in text form (e.g., letter, fax, email) or by returning the goods. It is sufficient if the withdrawal declaration is sent within the deadline. In the event of withdrawal, a full or partial refund of the purchase price will only take place in exchange for the return of the goods received by the customer.

Returns must be sent to the following address:

SKARF Vienna 
Adolfstorgasse 38
1130 Vienna
Austria

The customer must return the goods in unused and resalable condition as new and in the original packaging. For items that are affected by signs of use, SKARF will charge a reasonable fee for the depreciation. The same applies if accessories or parts are missing upon return of the goods.

There is no right of return if the warranty seal has been removed from the goods, as SKARF must assume in this case that the customer has accepted the goods. The customer uses the enclosed return slip and return label for the return.

Obligations to refund payments must be fulfilled within 30 days. The period begins for the customer with the dispatch of the goods or the request for return, and for SKARF with receipt.

If the customer returns the goods from a non-EU country (third country) unpaid, SKARF is entitled to withhold or charge an appropriate amount.

7. Warranty

If there is a defect in the goods, the customer is entitled to demand subsequent performance (replacement delivery or rectification of defects). However, SKARF is entitled to refer the customer to a replacement delivery if the rectification of defects would involve disproportionate effort.

Commercially usual or technically unavoidable, material-related deviations in the quality, color, size, equipment, or design of the goods are insignificant. There is no right of withdrawal in the case of such or other insignificant defects. The customer remains free to prove that the mentioned deviations are significant for them. The customer's warranty rights do not exist if they have altered the goods and the defect was caused by this.

The customer must assert the warranty claim by providing the order number, their name and address, as well as a brief statement of the reasons, via email: hello@skarf.at by phone: +43 699 12 60 75 20 or by post to the following address:

SKARF Vienna 
Adolfstorgasse 38
1130 Vienna
Austria

The customer sends the defective goods for inspection at SKARF's request at SKARF's expense and risk to the following address:

SKARF Vienna
Adolfstorgasse 38
1130 Vienna
Austria

The customer uses the original packaging for the return. If the goods consist of several individual parts, the customer restores the delivery condition. 

8. Retention of title

Until full payment of the purchase price is made, the delivered goods remain the property of the seller. The customer is obliged to inform the seller immediately in writing in the event of seizure of the goods or other interventions by a third party, and to inform the third party of the seller's retained ownership. 

9. Payment

Customers can pay for their order at SKARF via PayPal. SKARF only accepts the payment methods displayed to the customer during the ordering process.

All payments and credits are processed exclusively in EURO. SKARF's partner for secure online payment transactions is PayPal.

10. Data processing, data protection

The customer agrees that the following personal data, namely last name, first name, address, any differing delivery address, as well as an email address for the current and future order processing in the SKARF online shop will be stored and processed. The personal data of the customer that SKARF becomes aware of in the context of a business relationship will be treated confidentially.

For more information on the protection of customer data, please refer to the PRIVACY POLICY.

11. Choice of law, validity

Austrian law applies to all contracts and agreements between the customer and SKARF, excluding the UN Sales Convention. The place of performance is Vienna/Austria.

Should individual provisions of these terms and conditions be or become ineffective, the validity of the remaining provisions shall remain unaffected. Instead of the ineffective provision, the relevant statutory provisions shall apply.

12. Provider identification

SKARF Vienna 
Adolfstorgasse 38
1130 Vienna
Austria

E-Mail: hello@skarf.at

Tel.& Fax: 0043 1 876 69 82

Represented by the management:
Mag. Katharina Schicht

Jurisdiction:
Vienna, Austria
FN 241944a

Value added tax identification number:
ATU45510905

Bank account:
ERSTE BANK
Austria
IBAN: AT78 2011 1284 4374 3805