Terms of service
General Terms and Conditions of Business
of AICUS SHOES
A company of MHG Beteiligung und Consult Ges.m.b.H. .
1. scope of application
These General Terms and Conditions (GTC) apply to all contracts and other services of whatever nature and to all written, telephone and online orders placed with MHG Beteiligung und Consult Ges.m.b.H. . By placing an order, you acknowledge these General Terms and Conditions and declare your agreement with them.
2 Order, delivery, conclusion of contract
Orders and deliveries are only possible within Austria and can only be accepted by persons of full legal capacity. Customers under 18 years of age require the signature of their legal representative. In the event of your withdrawal from the contract, MHG Beteiligung und Consult Ges.m.b.H. is entitled to claim the direct costs of the return shipment; however, it reserves the right to exercise this right. Price advantage campaigns as well as customer discounts are only valid until revoked.
Immediately after receipt of your order, you will receive a formal order confirmation by e-mail. This states that MHG Beteiligung und Consult Ges.m.b.H. has received your order. A contract is only concluded with the acceptance of your order by MHG Beteiligung und Consult Ges.m.b.H.. This acceptance takes place within 30 days at the discretion of MHG Beteiligung und Consult Ges.m.b.H. either by delivery of the goods or by transmission of a written order confirmation. Notification of receipt of your order does not constitute acceptance of the order. MHG Beteiligung und Consult Ges.m.b.H. is free not to accept online orders. The decision to do so is at its own discretion. If MHG Beteiligung und Consult Ges.m.b.H. does not execute an order, it shall inform the customer of this circumstance immediately by e-mail.
MHG Beteiligung und Consult Ges.m.b.H. shall not be held responsible in the event of obstacles to delivery on the part of suppliers and producers. If delivery or compliance with an agreed delivery time becomes impossible due to circumstances for which MHG Beteiligung und Consult Ges.m.b.H. is not responsible, MHG Beteiligung und Consult Ges.m.b.H.'s obligation to deliver shall lapse. In such a case you will be informed immediately. MHG Beteiligung und Consult Ges.m.b.H. is therefore entitled to withdraw from the contract if delivery obstacles occur which are not attributable to MHG Beteiligung und Consult Ges.m.b.H.. Claims for damages are, as far as permissible, excluded in this respect. If MHG Beteiligung und Consult Ges.m.b.H. is in default with a delivery despite setting a grace period of at least 14 days, you as the customer may declare to withdraw from the contract.
MHG Beteiligung und Consult Ges.m.b.H. will charge you a flat rate for shipping and handling per delivery. In individual cases, a bulky goods surcharge may also be charged, the amount of which is attached to the respective product. Shipping costs will also be charged in full in the case of partial return shipments. Bonuses will be added to the value of the goods, but not to the shipping costs.
The order data are saved in the shop and can be viewed under "My Account". After sending the order, an order confirmation will be sent by e-mail to the e-mail address provided by you.
Due to the colour reproduction of the purchaser's computer, there may be colour deviations between the colours displayed on the website and the real colours of the models. MHG Beteiligung und Consult Ges.m.b.H. therefore does not guarantee that the colours shown on the website correspond to the actual colours of the models.
3 Payment, Default of Payment, Retention of Title
The purchase price is due for payment within 14 days from the date of invoice. The goods remain the property of MHG Beteiligung und Consult Ges.m.b.H. until full payment has been made by you. All prices quoted include the respective statutory value added tax and do not include a flat-rate shipping charge. Payment can be made by credit card (Visa, Mastercard), by immediate bank transfer, by cash on delivery, by open account or by cash in advance, as determined in advance by MHG Beteiligung und Consult Ges.m.b.H.. If MHG Beteiligung und Consult Ges.m.b.H. delivers the goods cash on delivery, MHG Beteiligung und Consult Ges.m.b.H. reserves the right to charge an additional cash on delivery fee.
If you are in default of acceptance, MHG Beteiligung und Consult Ges.m.b.H. can either store the goods, charging a storage fee of 0.1% of the invoice amount per calendar day or part thereof, and insist on fulfilment of the contract, or withdraw from the contract after setting a reasonable period of grace and resell the goods after withdrawal. In the event of withdrawal, in addition to the storage costs you shall be entitled to a lump-sum compensation in the amount of 25% of the invoice amount.
In the event of default in payment, MHG Beteiligung und Consult Ges.m.b.H. is entitled to withdraw from the contract after setting a reasonable period of grace and to demand the return of the delivered goods from the customer.
In case of delayed payment, MHG Beteiligung und Consult Ges.m.b.H. is furthermore entitled to charge interest on arrears of 12% p.a. and reminder fees (up to € 5,- for each reminder). Subsequently, a collection agency will be commissioned with the collection of the claim. You are obliged to reimburse the collection costs, which result in particular from the Ordinance of the Federal Ministry of Economic Affairs (Federal Law Gazette 141/1996 as amended) on the maximum rates of remuneration due to collection agencies.
4. right of withdrawal, right of revocation
MHG Beteiligung und Consult Ges.m.b.H. grants you a 14-day right of withdrawal from the day of receipt of the goods delivery until revocation, if you are a consumer in the sense of the KSchG and have placed an online order. Saturday does not count as a working day. The withdrawal does not have to contain a reason; to meet the deadline, it is sufficient to send the goods to the return address stated on the invoice. The goods must be properly packaged, unused and undamaged and sent back to the address indicated together with the original invoice. Within Austria, the return of goods ready for parcel shipment shall be at the risk and expense of MHG Beteiligung und Consult Ges.m.b.H. .
Cancellation and/or revocation are to be addressed to:
MHG Beteiligung und Consult Ges.m.b.H. Address.
5. creditor protection
You agree that MHG Beteiligung und Consult Ges.m.b.H. is entitled, in the case of delivery on open account (payment by payment slip), to transmit your name, date of birth and address to a credit checker in order to obtain information about your creditworthiness. Under certain conditions, MHG Beteiligung und Consult Ges.m.b.H. reserves the right to submit proof of income or, in the event of insufficient creditworthiness, reserves the right to deliver to you cash on delivery. In the event of a delay in payment, we will forward your name, date of birth, address and the outstanding balance to a collection agency.
6. data protection
You agree that the personal data you provide to MHG Beteiligung und Consult Ges.m.b.H. - your name, date of birth, address, telephone number and e-mail address - will be stored and processed in our system and used for the duration of the contract. You agree that your personal data may be included in the customer file of MHG Beteiligung und Consult Ges.m.b.H. and processed in such a way that you may be informed about products, news and price promotions by post, e-mail or SMS.
MHG Beteiligung und Consult Ges.m.b.H. strictly adheres to the Data Protection Act when storing and processing your data. You have the right to free information, correction, blocking and deletion of your stored data at any time. You can contact us in this matter in writing to the e-mail address firstname.lastname@example.org or by post to MHG Beteiligung und Consult Ges.m.b.H.. This right is only limited insofar as we can suspend the deletion in order to safeguard our claims. After receipt of your objection or revocation, your data affected by this will no longer be used and processed for marketing purposes or the further sending of advertising material will be stopped immediately and / or your data will not be passed on for marketing purposes. You have the option to object online here.
MHG Beteiligung und Consult Ges.m.b.H. accepts no liability for any printing errors in the advertising material and data errors in the online shop that are due to slight negligence. MHG Beteiligung und Consult Ges.m.b.H. refers on its pages with links to other pages on the Internet. The following applies to all these links: MHG Beteiligung und Consult Ges.m.b.H. expressly declares that it has no influence whatsoever on the design and content of the linked pages. Therefore, MHG Beteiligung und Consult Ges.m.b.H. hereby expressly distances itself from all content of all third-party sites linked to its own site and does not adopt this content as its own. This declaration applies to all links displayed and to all contents of the pages to which links lead.
All image rights are held by MHG Beteiligung und Consult Ges.m.b.H. or its partners. Use without express permission is not permitted.
Graz shall be the place of performance for all obligations resulting from the contract. The contract is subject to Austrian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is - as far as permissible - Graz. The invalidity of a single provision of this contract shall not result in the invalidity of the entire contract. The remaining content of the contract shall remain unchanged. Should individual provisions of these terms and conditions or of the contract concluded with the contracting party be invalid in whole or in part, this shall not affect the validity of the remainder of the contract.