AGB`s

General Terms and Conditions
CALLISTI-Fashion e.U.

1. general

All services provided by the online store for the customer are provided exclusively on the basis of the following General Terms and Conditions. Deviating provisions shall only apply if they have been agreed in writing between the online store and the customer.

2. conclusion of contract

Only persons who have reached the age of 18 and are not restricted in their legal capacity at the time of conclusion of the contract are entitled to conclude a contract with the online store.

The offers of the online store on the Internet are a non-binding offer to the customer to order goods in the online store.

By ordering goods from the online store on the Internet, the customer implicitly makes a binding offer to conclude a purchase contract.

The online store is entitled to accept this offer within 5 calendar days by sending an order confirmation. The order confirmation will be sent by CALLISTI-Fashion by e-mail, but no later than the delivery of the goods. After unanswered expiry of the 5-day period, the offer is considered rejected.

Contract language is German.

3. delivery times

All items will be shipped within 1-2 weeks, if available from stock and only while stocks last.

The delivery time is 7-14 working days and begins with the dispatch of the order confirmation. The indication of the delivery time is not binding, unless there is a written agreement to the contrary.

If an item is not available at short notice, we will inform you by e-mail about the expected delivery time, provided that we have an address from you.

Some items have a longer delivery time.

In the event of delays in delivery, such as force majeure, traffic disruptions and orders from higher authorities and other events for which the online store is not responsible, no claim for damages can be asserted against the online store.

If the delivery is delayed due to the fault of upstream suppliers and failed (impossibility), the online store is not responsible for this.

4. packing and shipment

For deliveries within Austria and packaging costs, the online store charges a pro rata flat rate of EUR 7.90, regardless of the number and weight of the items.

For deliveries within Europe and packaging costs, the online store charges a pro rata flat rate of EUR 17.90, regardless of the number and weight of the items.

For deliveries to the United States of America and packaging costs, the online store charges a pro rata flat rate of EUR 75.00, regardless of the number and weight of the items. Customs duties are not included - these are always to be borne by the buyer and are settled independently of the online store via the respective customs authority.

Upon request of the customer, express deliveries can also be made. The customer bears the additional costs incurred.

Transport insurance shall be taken out at the customer's expense. Transport damages are to be reported immediately to the deliverer.

5. international returns

We do not offer returns or exchanges for international orders. All international orders are excluded from exchanges and returns due to extensive customs and tax processes. All shipments that must clear customs - including duties, taxes and additional handling - are considered international orders.

6 Prices and payment

6.1 All prices quoted are final prices which include the statutory value added tax of currently 20%. The prices are quoted in euros.

6.2 The final prices do not include the costs for packaging and shipping.

6.3 Due to the constant updating of the Internet pages of the online store, information provided at an earlier point in time regarding the price and quality of the goods loses its validity. Errors and misprints excepted.

6.4 The price shown at the time of submission of the customer's offer shall be decisive for invoicing.

6.5 Payment for the goods is made via mPay24, a payment service provider. Visa, Mastercard, Amex, payPal are possible payment options. Exceptions are only valid if they have been agreed in writing between the online store and the customer.

6.6 The customer is obliged to pay the invoice amount immediately.

6.7 If the customer has not fulfilled his payment obligation after expiry of the period specified in paragraph 6, the online store reserves the right to charge the customer additional reminder and processing fees arising from this.

6.8 If the customer defaults on payment, the online store is entitled to charge default interest at the statutory rate. The right of the online store to assert any further claims for damages remains unaffected by this.

7. reservation of title

Until full payment, the ordered goods remain the property of the online store (retention of title). In case of default of payment by the customer, the online store is entitled to take back the goods. This does not constitute a withdrawal from the contract unless this is expressly declared.

8. warranty

8.1 The customer's claims against the online store arising from a defect in the goods shall be governed by the statutory provisions.

8.2 The customer undertakes to inspect the goods for any defects upon receipt and to inform the online store immediately if such defects are discovered. If the customer discovers at a later date that the goods are defective, he is obliged to inform the online store immediately upon discovery. If the customer fails to report a defect, the goods shall be deemed to have been approved.

8.3 Defects in the goods do not include damage caused by the customer through improper handling or handling contrary to the contract. The information provided by the manufacturer of the goods shall be decisive for improper use and non-conformity with the contract.

8.4 The warranty period is based on Austrian law. It shall commence upon receipt of the goods.

8.5 The warranty expires in any case in the event of interventions, repairs or attempted repairs by the buyer or unauthorized third parties.

9. right of withdrawal

As a consumer you have a right of withdrawal.

10. limitation of liability

Unless otherwise stated below, further claims of the customer, regardless of the legal grounds, are excluded. The online store shall therefore not be liable for damages which have not occurred to the delivery item itself, in particular the online store shall not be liable for the loss of profit or other financial losses of the customer. Insofar as the contractual liability of the online store is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

The above limitation of liability shall not apply if the cause of damage is based on intent or gross negligence or if personal injury is involved. Furthermore, it shall not apply if the customer asserts claims regulated by law.

The provisions of the Product Liability Act remain unaffected. If the online store negligently violates an essential contractual obligation, the obligation to pay compensation for property damage is limited to the typically occurring damage.

If the supplementary performance is carried out by way of a replacement delivery, the customer is obliged to return the goods delivered first to the online store within 14 days at the expense of the online store.

The return of the defective goods must be made in accordance with the statutory provisions. The online store reserves the right to claim damages under the legally regulated conditions.

The limitation period is based on the Austrian legal situation. The period begins with the delivery of the item.

11. data protection

The customer agrees that his personal data received by the online store in the course of the business relationship will be stored and processed electronically. It is pointed out that in the sense of this provision determined data are collected and processed exclusively for purposes of service provision, in particular for the purpose of order processing and accounting. The online store does not disclose customer data to third parties.

12. copyright

All third-party logos, images and graphics displayed are the property of the respective companies and are subject to the copyright of the respective licensors. All photos, logos, texts, reports, scripts and programming routines displayed on these pages, which are our own developments or have been prepared by us, may not be copied or otherwise used without our consent. All rights reserved.

13. place of jurisdiction

13.1 Unless otherwise provided by law, the place of jurisdiction is the registered office of the online store.

13.2 Austrian law shall apply to all disputes that may arise from this legal relationship, excluding the conflict of laws rules. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

14 Validity of the GTC

By placing an order, the customer accepts the General Terms and Conditions of the online store. Should any provision of these General Terms and Conditions, for whatever reason, be void, the validity of the remaining provisions shall remain unaffected. Verbal agreements require written confirmation to be effective.

Your Callisti Team

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