0Terms and Conditions
VIDOVIC COUTURE Nikola Vidovic
Südhangpromenade 11
9580 Drobollach am Faaker See, Austria
Last updated: 27th October 2021
SECTION 1 – SCOPE
(1) The following General Terms and Conditions (GTCs) are exclusively applicable in the version that is valid on the date of the purchase order and apply to all contracts concluded via the online store www.vidovic-couture.com, between VIDOVIC COUTURE Nikola Vidovic, on the one hand, and customers in their roles as consumers. Any agreements in derogation of this agreement are only valid if they have been made in writing, with signatures. By issuing a purchase order, the customer declares his or her consent with these GTCs and agrees to comply with the same.
(2) A consumer under the terms of the provisions below shall be any natural person acting for purposes that do not form part of their commercial, business or professional work.
(3) We do not recognise the application of the customer’s General Terms and Conditions or any other contractual terms specified by the customer where they differ from these GTCs, unless such terms and conditions have been expressly acknowledged by us as applicable.
(4) Should individual provisions in these GTCs be wholly or partly ineffective, due to mandatory statutory regulations, then the remaining provisions in these GTCs shall continue to be valid without change.
(5) The contract language shall be English. All other information, our customer service operations and our complaints procedure are also handled in English.
SECTION 2 – OFFERS AND CONTRACTUAL CONCLUSION
(1) All offers of goods (i.e. product details and specifications) in our online store are subject to change and do not bindingly commit us to the conclusion of a contract.
(2) The customer’s purchase order constitutes a purchase offer. This offer only acquires the status of a contract upon our acceptance.
(3) A purchase order is only possible if all mandatory boxes have been completed. If details are missing or if we are otherwise unable to fulfil a purchase order, the customer will be sent an error message.
(4) If the customer uses external payment services such as PayPal, the customer is automatically taken to the external website of the relevant payment service provider.
(5) Before finalising a purchase order, the customer has an opportunity to check all the details again, to make corrections to the purchase order or to cancel the purchase order. As part of the ordering process, the customer is supported by detailed information.
(6) The customer issues a binding purchase offer by clicking the button “Order and Pay”.
(7) Once we have received the purchase order, we send notification to the email address provided by the customer, letting them know that we have received and can confirm their order. Confirmation of the order constitutes the conclusion of a contract with us.
(8) The customer is bound by their purchase order until after 2 days of our receipt of the same. This shall not affect the statutory right of cancellation.
(9) As soon as the goods have been dispatched, the customer receives a confirmation by email or text message that the order has been sent.
SECTION 3 – PRICES AND TERMS OF PAYMENT
(1) All prices are totals, i.e. they are inclusive of all taxes such as VAT and other charges, but exclusive of shipping costs.
(2) Shipping costs do not form part of the purchase price. For further details, please see Shipping Costs.
(3) Prices: errors and omissions excepted. If the correct price is higher than quoted, we will contact the customer. In such a case a contract is only concluded if the customer is prepared to purchase the product at the actual price. If the correct price is lower, then the lower price will be charged.
(4) The invoice will be sent to the customer electronically by email.
(5) Billing generally takes place in EUR. In some countries, however, customers may be given the option of paying in their national currency.
(6) Payment options
We provide the following payment options:
– VISA Card
– MasterCard
– Maestro
– PayPal
(7) Unless otherwise agreed, the purchase price is payable immediately, without deductions and without incurring expenses.
(8) Credit and debit card payments
If payments are made by credit or debit card, the card details are not stored by VIDOVIC COUTURE, but are received in encrypted form via an external payment service provider. The card is debited within one calendar week.
When paying by credit or debit card, the customer is requested to provide the following details: cardholder, card number, bank or credit card company, expiry date, CVV code. The data are subject to SSL encryption, using a minimum of 128-bit encryption software, and are therefore not accessible to unauthorised persons.
SECTION 4 – TERMS OF DELIVERY
(1) Under normal circumstances we ship goods worldwide within 5 working days of the concluded contract being confirmed, and no later than 30 days after the order date. Should different shipping times be applicable, please note the details on the relevant product page. If we are unable to accept a purchase order, we shall let the customer know immediately. This may be the case, for example, if goods are unavailable.
(2) Goods are shipped to the address specified by the customer. If details provided by the customer are incorrect, incomplete or not clear, then all resulting costs shall be borne by the customer.
(3) If a customer does not accept goods that have been delivered in a contractually compliant manner at the contractually agreed location or at the contractually agreed time, then our performance duty shall be considered to be fulfilled. Provided that the delay has not been caused by our own action or inaction, we are entitled to demand contractual performance or we may cancel the contract after setting a later deadline for the acceptance of the goods. If the contract is cancelled, any performance or partial performance shall be billed and become payable. This also applies if our goods and services have not yet been accepted and/or instances where we effected preliminary performance.
(4) If a product is not available for delivery 30 days after contractual conclusion, the customer is entitled to cancel the contract, unless a different shipping date has been agreed with the customer in advance. In the event of contractual cancellation any payments made until that point shall be returned to the customer. We shall use the same payment method for repayment that was used by the customer in the original transaction.
SECTION 5 – RIGHT OF CANCELLATION
(1) The customer is entitled to cancel the contract within fourteen days, without giving reasons.
The cancellation period is fourteen days,
- starting on the day when possession of the goods is taken by the customer or by a third party appointed by the latter and not working as a carrier;
- if the customer has ordered several goods items as part of a single purchase order, yet those items are shipped separately: in such a case the cancellation period shall start on the day when possession of the last delivery is taken by the consumer or by a third party appointed by the latter and not working as a carrier;
- if goods are shipped in several consignments: in such a case the cancellation period shall start on the day when possession of the last consignment is taken by the customer or by a third party appointed by the latter and not working as a carrier;
- if a contract has been concluded on the regular shipment of goods over a specified period of time: in such a case the cancellation period shall start on the day when possession of the first delivery is taken by the customer or by a third party appointed by the latter and not working as a carrier.
- If more than one of the aforementioned scenarios are applicable, then the period of cancellation shall commence on the date when the last delivery or partial shipment passes into the possession of the customer or of a third party appointed by the consumer and not working as a carrier.
In order to exercise their right of cancellation, the customer must notify
VIDOVIC COUTURE Nikola Vidovic
Customer Service
Südhangpromenade 11, 9580 Drobollach am Faaker See, Austria
in the form of some clear communication (e.g. a message sent by post or email) about their decision to cancel the contract.
The customer may use the specimen cancellation form for consumers on the VIDOVIC COUTURE website, although the use of this form is not mandatory.
To stay within the cancellation period, it is sufficient for the customer to send off their cancellation notice before the deadline.
If VIDOVIC COUTURE has failed to meet its duty of information the customer’s right of cancellation shall be extended by 12 (twelve) months. If VIDOVIC COUTURE meets its duty of information within this period, the cancellation period shall terminate 14 (fourteen) days after the date on which the customer received advice.
(2) Consequences of cancellation:
If this contract is cancelled, all payments that relate to this order and which we have received from our customer shall be reimbursed within 14 days of the day when we received notification about the cancellation.
We shall use the same payment method for repayment that was used by our customer in the original transaction. No fees will be charged.
We may refuse repayment until the goods have been returned to us undamaged.
The goods must be returned to VIDOVIC COUTURE immediately and in any event no later than 14 days from the date on which VIDOVIC COUTURE was notified of the cancellation of this contract. They must be sent/delivered to: VIDOVIC COUTURE Nikola Vidovic, Customer Service, Südhangpromenade 11, 9580 Drobollach am Faaker See, Austria.
The deadline shall be deemed to have been observed if the customer dispatches the goods before the 14-day deadline has expired.
In the event of cancellation the customer shall bear the cost of returning the goods.
The customer shall only be liable for a potential reduction in the value of goods if this reduction was due to the customer handling the goods in a way that was not necessary to check the condition, properties or functioning of the goods.
(3) Reasons for exclusion of the cancellation rights:
The right of cancellation shall not be applicable to contracts if the ordered goods were clearly customised to suit the customer’s personal requirements.
SECTION 6 – WARRANTIES
(1) The warranty is provided in accordance with statutory provisions. The warranty period shall be 2 years from the date of delivery. If the product cannot be replaced or repaired (not feasible, too expensive or time-consuming, unreasonable, or resulting in a delay in delivery), the customer shall be entitled to a price reduction or, alternatively, if the fault is more than negligible, to cancellation of the contract (rescission).
Complaints based on statutory warranty claims or any other complaints may be sent to the following address:
VIDOVIC COUTURE Nikola Vidovic
Customer Service
Südhangpromenade 11, 9580 Drobollach am Faaker See, Austria
(2) The goods supplied by VIDOVIC COUTURE only provide the level of safety that can customarily be expected under licensing regulations and other provisions.
(3) Leather is a natural product. We reserve the right to vary quantities, dimensions, shapes and models within the customary commercial margins.
(4) If delivered goods display obvious material or manufacturing faults (including transport damage), the customer is requested to notify us within two weeks of delivery.
SECTION 7 – DISCLAIMER
The customer is only entitled to damage claims towards VIDOVIC COUTURE, particularly compensation for consequential damage, other direct damage/loss or loss of earnings due to faulty or late delivery or failure to deliver – with the exception of personal injury – if a given damage or loss is due to gross negligence or wilful intent.
SECTION 8 – TRANSFER OF RISK
When the goods are shipped, the risk of loss or damage is not transferred to the customer until the goods are delivered to the customer or a third party appointed by the same and not working as the carrier. If, however, the transportation contract has been concluded by the customer himself or herself without using one of the options suggested by us, the risk passes to the carrier as soon as the goods have been handed over to the same.
SECTION 9 – RESERVATION OF TITLE
(1) Sold goods continue to be owned by VIDOVIC COUTURE until the purchase price and all additional payables have been paid in full. This reservation of title also covers products created through the combination of goods.
SECTION 10 – THIRD PARTY TOOLS AND LINKS
(1) VIDOVIC COUTURE may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these General Terms and Conditions.
(2) Certain content, products and services available via our service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with VIDOVIC COUTURE. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
(3) We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 11 – FORCE MAJEURE
(1) Force majeure, such as strike action, a lockdown imposed due to a pandemic, natural disasters, continuous power outage (blackout), shortages of raw materials or fuel, transport disruptions, etc., entitles us to postpone shipment by the duration of the hindrance plus an adequate start-up period or, alternatively, to cancel the agreement either wholly or in part. Such instances do not make us liable towards the customer, particularly for damage claims towards us.
(2) If our own suppliers fail to supply to us or if they deliver late, such instances shall be on par with force majeure, provided that this is due to causes not within our responsibility.
SECTION 12 – CONTRACTUAL DETAILS
(1) The contractual details of registered customers are stored and may be viewed by the customer at any time by logging in and going to “My Account”. The contractual details of guest users cease to be accessible via the online store upon the conclusion of a purchase order.
(2) All customers are given contract details in the form of an order confirmation sent to the email address they provided.
SECTION 13 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
(1) If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
(2) We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these General Terms and Conditions. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 14 – DATA PROTECTION
(1) VIDOVIC COUTURE prioritises the security and strict confidentiality of personal data. VIDOVIC COUTURE processes all personal data in compliance with the applicable data protection regulations.
(2) Detailed information on data protection can be found in the VIDOVIC COUTURE Privacy Policy on the VIDOVIC COUTURE website. We would also be pleased to send you our Privacy Policy by mail, upon request. The customer hereby confirms that he/she has read and understood the Privacy Policy.
SECTION 15 – TRADEMARK AND INDUSTRIAL PROPERTY RIGHTS
(1) The name “VIDOVIC COUTURE” is a registered trademark and protected as such.
(2) Any detrimental use of our registered trademark and any violation of trademark law shall lead to damage claims.
(3) Unless you have obtained permission from VIDOVIC COUTURE, you may not use our website, vidovic-couture.com, or any of its contents, and neither may you copy or save content wholly or in part except for personal, non-commercial purposes.
SECTION 16 – APPLICABLE LAW
This Agreement shall be subject to substantive Austrian law, excluding any regulations concerning the United Nations Convention on Contracts for the International Sale of Goods. In addition, it shall also be subject to the mandatory legal provisions of the country in which the customer has his or her habitual place of residence.
To resolve disputes with our company, you may also use the ODR platform: http://ec.europa.eu/odr
You can also send complaints to us directly, using the following email address: