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Terms and Conditions

1. Scope of Application

These Terms and Conditions apply to all contracts concluded via the online shop FITTING HEROES between

FITTING HEROES
Owner: Daniel Kitzberger
Gregor-Kirchner-Straße 20
2384 Breitenfurt near Vienna
Austria
Email: support@fittingheroes.at

and consumers within the meaning of the Austrian Consumer Protection Act (KSchG).

Deviating or conflicting terms shall not apply unless expressly agreed in writing.

2. Conclusion of Contract

The products presented in the online shop do not constitute a legally binding offer but an invitation to submit an order.

By submitting an order, you make a binding offer to purchase the selected products.
The contract is concluded when we accept your order by sending an order confirmation by email.

The contract language is German (and optionally English).

3. Prices and Small Business Regulation

All prices stated are final prices in euros.

In accordance with the Austrian small business regulation (§ 6 para. 1 no. 27 Austrian VAT Act), no VAT is charged or shown.

Any shipping costs are displayed separately during the order process.

4. Payment Terms

Payment is made using the payment methods offered in the online shop (e.g. PayPal, Klarna).

The purchase price is due upon conclusion of the contract.

5. Delivery and Shipping

Delivery is made to the delivery address provided by you.

We deliver within the European Union and, where applicable, to additional countries.
Available shipping destinations and estimated delivery times are shown in the online shop.

All products are manufactured only after an order is placed (print-on-demand).
Production and shipping therefore begin only after payment has been received.

Stated delivery times are non-binding estimates.

6. Retention of Title

The goods remain our property until full payment has been received.

7. Right of Withdrawal / Cancellation

7.1 General Right of Withdrawal

Consumers generally have a statutory right of withdrawal of 14 days for distance selling contracts.

The withdrawal period is 14 days from the day on which you or a third party designated by you (other than the carrier) takes possession of the goods.

7.2 Exclusion of the Right of Withdrawal for Personalized Products

The right of withdrawal does not apply to contracts for goods

  • which are not prefabricated, and

  • for which individual selection or specification by the customer is decisive, or

  • which are clearly tailored to personal needs.

This applies in particular to personalized or individually manufactured products, such as items with names, custom texts, individual motifs or specific customer instructions.

Legal basis: § 18 para. 1 no. 3 Austrian Distance Selling Act (FAGG).

7.3 Print-on-Demand Products Without Personalization

Some of our products are manufactured only after an order is placed (print-on-demand),
but do not qualify as personalized goods within the meaning of § 18 para. 1 no. 3 FAGG,
as they are produced in a standardized form without personal customization
(e.g. standard designs, standard sizes, standard colors).

For these non-personalized print-on-demand products, a statutory right of withdrawal of 14 days applies.

In the event of a valid withdrawal, the goods must be returned within 14 days of the withdrawal declaration.
The direct costs of returning the goods shall be borne by the customer unless otherwise agreed.

7.4 Exclusion or Limitation for Used Goods

The right of withdrawal does not apply or may be limited if the goods

  • have been worn, washed or damaged, or

  • have been used beyond what is necessary to check their nature, characteristics and functioning.

8. Warranty

Statutory warranty rights under Austrian law apply.

In the event of justified defects, we shall, at our discretion, provide repair or replacement.

9. Liability

We are liable only for damages caused by intent or gross negligence.

In cases of slight negligence, we are liable only for breaches of essential contractual obligations and only for foreseeable, typical damages.

Liability for loss of profit, indirect damages or consequential damages is excluded to the extent permitted by law.

10. Copyright

All content, designs, graphics, texts and motifs in the online shop are protected by copyright.

Any use, reproduction or distribution without our express written consent is prohibited.

11. Applicable Law and Jurisdiction

Austrian law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

For consumers, the statutory place of jurisdiction is the consumer’s place of residence.

12. Final Provisions

Should individual provisions of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.

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