§ 1 General remarks
Your contractual partner for all orders within the scope of this online service is Gina Drewes / Monkey on my shoulder, Matrosengasse 9/20, 1060 Vienna/Austria. All deliveries from Gina Drewes / Monkey on my shoulder or her representatives to the customer are based on the following terms and conditions. All offers and agreements between Monkey on my shoulder and the customer underlie these conditions and are valid for the whole duration of the business relationship. The order processing and the delivered goods ensue on behalf of Gina Drewes / Monkey on my shoulder, Matrosengasse 9/20, 1060 Vienna/Austria.
§ 2 Conclusion of contract
(1) The offers and goods provided on the website are a non-binding invitation for the customer to order products from Monkey on my shoulder. All offers are subject to change without prior notice to the customer.
(2) By submitting the completed order form online the customer makes a binding offer to conclude a purchase agreement or a contract for work and materials. Monkey on my shoulder then sends the customer an email with a confirmation and checks the offer regarding its actual feasibility and, where appropriate, the credit-worthiness of the customer. The order confirmation does not represent an acceptance of the offer but shall only inform the customer that his order has been received.
The contract is only concluded after the product ordered was sent by Monkey on my shoulder and the shipping to the customer is confirmed with a second email (“shipping confirmation”).
(3) The final contract is subject to the timely and complete production of the goods. The customer will be informed immediately of the unavailability of the service if the goods are not in stock. If the contribution was provided by the customer, it will be refunded.
§ 3 Shipment
(1) Delivery is within three weeks. Usually the order will be shipped within a few days. Delivery dates and times are just binding if they were confirmed Monkey on my shoulder particularly and in writing.
(2) Delivery is worldwide.
(3) Delivery will be effected by a shipment service provider chosen by Monkey on my shoulder. The customer will defray an estimated shipping cost which depends on the order value and the place of the delivery.
(4) Monkey on my shoulder will inform the customer immediately and in writing if the delivery, as an exception, is not possible within the under (1) mentioned time limit of three weeks. In this case the customer has the right to withdraw, also in writing and immediately.
§ 4 Costs
(1) Prices shown are final prices. They include the statutory sales tax (VAT). Shipment costs are billed and shown separately.
(2) The customer has to defray shipping which depends on the order value and the place of delivery. Current shipping prices can be viewed here.
(3) After the conclusion of the contract the purchase price and shipping costs are to be paid immediately and without any deductions.
§ 5 Payment
(1) The payment has to be made either in advance, by credit card or other payment methods such as paypal. Monkey on my shoulder reserves the right to limit the choices of payment methods depending on order value, shipment region or other objective criteria.
(2) The purchase price is payable immediately.
(3) If the chosen payment method by the customer is not feasable eventhough Monkey on my shoulder met the contractual obligations, particularly if the debiting is not possible because of insufficiant funds or because of wrong information, the customer has to refund the resulting additional costs to Monkey on my shoulder or to a authorised third party.
(4) To process the payment Monkey on my shoulder is entitled to use the service of trustworthy third parties:
a) Monkey on my shoulder can assign her claims to a debt collection agency or hire a lawyer for the collection of the outstanding money if the customer delays the payment. Monkey on my shoulder can also transfer personal data to the third party if necessary for the payment processing.
b) If a third party intervention becomes necessary, the payment in relation to Monkey on my shoulder will be handled as paid if the amount is available to the third party, so that they can handle the money without restrictions.
§ 6 Reservation of proprietary rights
(1) All goods remain in Monkey on my shoulder ´s possession until the payment has been made.
(2) The customer is obliged to treat the goods carefully until the ownership has been transferred.
§ 7 Warranty
(1) Specifications, drawings, pictures, technical data, weight, measurement and service specifications which are contained in brochures, catalogues, advertisements or price lists have information purposes. Monkey on my shoulder does not guarantee the accuracy of this information. Only the information contained in the order confirmation is the decisive factor regarding the nature and scope of the delivery.
(2) In the event of a warranty defect the customer is, within the statutory provision, entitled to demand supplementary performance, withdraw from the contract or reduce the purchase price.
(3) The customer is obligated to return the original goods within 10 days to Monkey on my shoulder. The return shipment of the defective goods needs to meet the legal regulations. Monkey on my shoulder reserves the right to obtain compensation within the legal prerequisites.
(4) The limitation period of warranty for the goods provided is one year from receipt of goods.
§ 8 Right of cancellation up to 10 days, exclusion of the right of withdrawal
(1) If the customer is the consumer he has the right of withdrawal.
Right of cancellation
You may cancel your contract in writing (eg letter, fax, email) within 10 days without giving reasons or, if the goods are delivered before the deadline, cancel the goods by returning them. The period begins upon the receipt of the instructions in writing but not before the goods are received (in case of recurring deliveries of similar goods not before the first part delivery). To maintain the cancellation period it is enough to send the withdrawal or the good in time.
The cancellation has to be sent to:
Gina Drewes / Monkey on my shoulder
or via email to: [email protected]
Consequences of cancellation
In the event of an effective cancellation the mutually received services need to be given back. If you are not able to return the received goods complete or in part or if they are deteriotated, you might have to pay compensation for the value. This does not apply if the deteriotation only ascribes to an inspection which would have been possible in the shop. To avoid an obligation to compensate for a deteriotation of the good as a result of proper utilization (eg. activation only for the intended purpose of the product) try to treat it not as if it was your possession and avoid anything that could reduce its value. Transportable items (items which can be shipped as a parcel) are to be returned at our risk. You have to bear the cost of the return if the delivered item meets the requirement of the ordered one and if the price of the item to be sent back does not exceed the amount of EURO 300 or if you, at the time of the cancellation, did not provide an equivalent or the partial payment as contracted. Otherwise the return is free of charge for you. Obligations to reimburse payments must be fulfilled within 30 days. The time limit starts for you when you send the cancellation or the goods and for us when we receive the goods.
End of cancellation policy
(2) The right of cancellation does not apply to distance contracts for the delivery of goods which are custom designed or are clearly tailored for personal needs, such as clothes customized for individual measurements or provided with additional ornaments.
(3) The right to cancel the contract exists indipendently of the customers right to warranty, if the goods are defective (therefor see §7 warranty).
(4) In the event of a cancellation the customer has to return the items as well as the package to Monkey on my shoulder. Since the package used by Monkey on my shoulder is a special shipping form and is to be considered a unit with the garment it needs to be sent back.
(5) The customer needs to be aware that the goods returned need to be handeled with care according to the cancellation rules (§9 Abs. 1, Cancellation policy). The customer can try on the goods in order to see if they fit, but not return them or might have to pay a compensation if they were washed/cleaned, perfumed or stained.
(6) In the event of damages because of improper fitting, such as tearing a closure, we reserve the right not to take back the goods or demand compensation.
(7) For improper use we can not be held responsible unless a law explicitely states so. §12 Limitation of Liability applies.
§ 9 Agreement of costs
If the customer makes use of his right of cancellation, the customer has to pay the regular costs of the return if the delivered good matches the ordered good and if the amount of the returned good does not exceed EURO 300 or if the customer, in case of a higher price, did not provide an equivalent or the partial payment as contracted. In any other case the return is free of charge for the customer.
§ 10 Technical and creative deviations
When performing the contract Monkey on my shoulder reserves the right to deviations from the descriptions and information in our brochures, catalogues and other written and electronic documents with respect to colour, weight, measurement, design or other features, provided that they are reasonable for the customer. Reasonable causes for change can result in customary variations or in technical production flow as well as in natural qualities.
§ 11 Limitation of Liability
(1) An accurate and at all times available data communication via Internet can not be guaranteed at the current state. Monkey on my shoulder is therefor not liable for the continious and uniterrupted availability of the online services.
(2) Monkey on my shoulder liability goes according to the law unless specified otherwise in these General Terms and Conditions. Monkey on my shoulder is only inlimitedly liable for compensation, irrespective of legal basis, in the event of an act of intention or gross negligence. In addition Monkey on my shoulder is also unlimitedly liable for ordinary negligence for bodily or healthy harm or the loss of life. In the case of ordinary negligence and breach of an essential contractual obligation (cardinal duty) the liability of Monkey on my shoulder is limited to the replacement of the foreseeable, typically occuring damages. Liability under the product liability law remains unaffected by the above regulations.
(3) If the liability of Monkey on my shoulder in these General terms and conditions is not included or limited, this also applies to the personal liability of employees, agents and vicarious agents of Monkey on my shoulder.
(1) Monkey on my shoulder processes personal data of the customer for appropriate purposes and according to statutory regulations. Monkey on my shoulder uses the personal data (such as name email address, mailing address and bank data) to accomplish and execute the contract. Monkey on my shoulder treats this data confidential and doesn´t pass on this information to third parties which are not involved in the ordering, delivery and payment procedures. Upon application the customer has the right to get free information about his own personal data saved. Furthermore he has the right to correct inaccurate data, to block and delete personal data insofar as there is no legal obligation to retain.
§ 13 Jurisdiction – Place of Fulfilment – Choice of law
(1) Place of Fulfilment for all deliveries is Gina Drewes / Monkey on my shoulder Vienna.
(2) Provided the customer is a merchant according to the Commercial Code, a legal entity of public law or a, governed by public law, fund asset, Vienna is the place of fulfilment. In this case Monkey on my shoulder is entitled to sue the customer to her choice at the customer´s resident court. The same applies in the event if the customer has no general jurisdiction in Austria, moves his place of residence or habitual residence abroad or if his residence or habitual residence is unknown when the commencement of proceedings was made.
(3) The contract according to these General terms and conditions is subject to the law of the Republic of Austria. The UN Sales Convention is excluded. If the customer has his habitual residence abroad, binding regulations of this country stay untouched.