Terms and Conditions

 


General

Your partner for all contracts created through this online shop is 
ANTHI Studio OG Castelligasse 19 1050 Wien („ANTHI“ from hereon) 
Contact and VAT
info@anthi.com
VAT: ATU72189017 
Erste Bank Sparkassen AG 
IBAN: AT91 2011 1829 9944 9400 
BIC: GIBAATWWXXX

 


Please read these Terms and conditions carefully.

 


Please note that you have to agree to our Terms and conditions to use our services.
If you purchase our products, we assume that you have read, understood and accepted our Terms and conditions. Please also note that we reserve the right to change these Terms and conditions in the future.

 


Validity

For all business relations between ANTHI and you, the version of these Terms and conditions that was current when the contract was made is the sole valid basis.
ANTHI does not recognise any differing terms and conditions unless they were agreed on explicitly and in writing. The items we sell are meant for private end users only. By purchasing through this online store, you agree to not use these items for commercial purposes, such as reselling.

 


Contract formation

To place an order, you must be at least 18 years old and own a valid credit card.
If you place an order, you thereby confirm that the information you have submitted is complete, truthful and correct, that you are at least 18 years old, that you are
 authorised to use the credit card in question, and that your bank account has sufficient funds to cover your order costs. The presentation of goods on this store does not represent a binding offer of contract. ANTHI reserves the right to reject your offer of purchase if the requested good is not in stock, has been recalled, or is not available for other reasons. The same applies if your payment has not been
  authorised or if you do not meet the required criteria (if you are, for instance,
a minor).


By ordering online, you are making a binding offer for the item(s) in question.
By
preorderingyou are also making a binding offer for the item(s) in question.

ANTHI can accept your offer by sending you a confirmation email of your order or preorder, or by sending you the requested goods. Should you not have received either
a confirmation email of your order or
preorder,or goods after 14 days after placing your order, you are no longer bound to your offer of purchase.

Please take the time to check your order carefully before placing it,
because you are responsible for its accuracy
(correct articles, quantity, choice of sizes and colours
and such).
We want to give all our customers a fair chance to purchase
our most sought after goods. Since our quantities are usually limited,
reservations of articles are not possible. This means that placing an item
in your shopping bag does not reserve it for you.

 


Value added tax, shipping costs, taxes

The prices displayed on this page include VAT, but not shipping costs.
Shipping costs will be displayed separately during the ordering process
and on your bill.
The cost of shipping depends on the goods you have ordered
and your delivery address.


Depending on your delivery address, your purchase might be subject to import duties and other fees upon delivery. These costs are not included in the price. Please be advised that we have no control over import duties and cannot predict how much you will be charged. Please contact your local customs office for more information on this matter before you place your order.

You have to follow the rules and regulations of the country into which
you have your order shipped. We are neither responsible nor will we be liable for any infringement committed by you on your country’s laws.


Please note that in case of a refund, import taxes will not be reimbursed by us.
For a return of you import taxes, please contact your local customs office.

 


Delivery

Delivery times can vary depending on your address and the articles you order.
We are doing our best to ensure that your purchase is delivered as quickly as possible, however, due to circumstances beyond our control shipping is always liable to unforeseen delays. The delivery times indicated during your order process are estimations and cannot be guaranteed.


Please note that ANTHI is entitled, but not obliged to send your order
in several parcels, as your items become available.


If there is no one at home at your address of delivery to accept your package,
your carrier will leave you a note. It is your responsibility to contact the carrier
for a new delivery date.


We cannot ship to post boxes.

 


Reservation of ownership

All goods belong fully to ANTHI and shall not pass into your possession until the purchase price for these goods has been paid in full and received by ANTHI.

 


Shipping damage

Should you discover any obvious shipping damage upon receipt of your package, please ask your carrier to confirm them in writing and contact us (ANTHI Studio OG, Castelligasse 19, 1050 Wien, E-Mail: customerservice@anthi-studio.com). If you do not obtain the carrier’s signature, there are no legal consequences for you. The written confirmation only serves to strengthen ANTHI’s claim against the carrier/ the shipping insurance company.
If you take pictures of the damaged packaging, please send them to us
(E-Mail: customerservice@anthi-studio.com).

 


Returns, exchange

You have the right to revoke your contract within 14 days from the purchase without the need to state any reasons for your decision. The 14 days of revocation start from the day on which you or a person entitled by you who is not the carrier has received the last item of the order into your/their care.

In order to return an item, you have to inform us by email or letter
 (ANTHI Studio OG, Castelligasse 19, 1050 Wien, E-Mail: returns@anthi-studio.com) in clear and unmistakable wording of your intention to revoke your purchase.
 It is sufficient to post the letter before the 14th day after the purchase.
Return requests postmarked more than 14 days from the delivery date are ineligible for return and will be denied.

After notifying us of your intent to revoke your contract, you should return the items without delay, latest within 14 days after informing us.
It is sufficient if you post the items within 14 days after revoking.
You will be liable to damages only if you have used the clothes in a way that was not necessary to test their functionality.

Once your return has been granted, you should pack and ship your return items
to us without delay. Please use original packaging only.

You can only return such items which are unworn, unwashed, and unharmed.

The security tag on the garment has to be attached.

We are allowed to withhold the refund until we have received, checked and accepted the articles you are returning. Upon receipt of your return items,
 we will inspect them, and if we accept them, we will refund you within 14 days
of the day on which we accepted your return items.

For refunding, we will use the same payment method that you have used for your original payment, unless we have agreed expressly on a different procedure.
Original delivery costs, import taxes and other fees cannot be reimbursed.

For further questions on customs, please contact your local customs office.

The costs of a return will be paid by the customer. We recommend insured shipping for goods in excess of € 100 value.

According to law, you do not have the right to revoke your contract for goods
that are: customised, influenced by an individual selection of the buyer, or which were tailor made for the needs of a customer, sealed (for goods subject to hygiene or health concerns), if their seals have been removed.

 


Exchange and Warranty

If you want to initiate an exchange, please contact us here:
 customercare@anthi-studio.com
In case of exchange, ANTHI will cover your return shipping costs.
Please contact customercare@anthi-studio.com, so we can arrange shipping.
We will cover the costs of one exchange per purchase.

If an item you have purchased from us is faulty, you are entitled to removal of defects or delivery of a flawless exchange item instead. We will cover the costs of returning the item to ANTHI.

The statute of limitations is two years from the date your purchase was delivered.

Cases of warranty have to be processed with ANTHI directly.
Negotiations with independent agents who are not directly attached to ANTHI do not lead to the suspension of the statute of limitations.

 


Liability

All liability of ANTHI is reduced to cases of deliberate action and gross negligence. In cases of slight negligence, ANTHI will only be liable for such damages that are typical of the nature of the contract matter and were predictable at the time of contracting. The above does explicitly not apply to claims covered by the product liability act or any other statutory guarantees. The same is true of liability cases in which damages resulted in death or harm to body and health. Where our liability is excluded, this exclusion also extends to the personal liability of our employees, our legal representatives, and our subcontractors. In case of a delay in delivery, ANTHI is only liable according to the statutory laws, which specify that damage caused by delay will only be replaced if ANTHI has acted with intent or gross negligence. ANTHI will only be liable for such damages that are typical of the nature of the contract matter and were predictable at the time of contracting.

We are not to be held responsible for events beyond our control, nor are we liable if we do not fulfill our contractual duties towards you or fulfill them too late because of an event outside of our control. Events outside of our control are such processes or events as, for instance, higher power, terrorist attacks, embargos, riots, strikes, economic disputes, fire, floods, earthquakes and other natural disasters, adverse weather, interruptions in transport, state actions, breakdowns of public or private phone lines, or transportation systems.

 


Our Website

This section sets out the rules that apply to your use of the Website
(whether or not you use it to order products or just to browse).
By using the Website, you agree to these rules. If you do not agree to these rules, you are not permitted to use the Website and you should leave it immediately.
The Website is made available free of charge and you are responsible for making all arrangements necessary for you to have access to the Website.
You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions,
and that they comply with them.

Access to the Website is permitted on a temporary basis and it does not include any commercial use of the Website or its contents. You must not reproduce, copy and/or exploit the Website for any commercial purposes without our prior written consent. We reserve the right to withdraw or amend the Website without notice and, from time to time, we may restrict access to all or parts of the Website.
We will not be liable to you if, for any reason, the Website is unavailable at any time or for any period.

When you visit the Website and/or submit an order, you are communicating with us electronically and you agree that all agreements, notices, disclosures and other communications that we send to you electronically (whether on our behalf or on behalf of the Partners) satisfy any legal requirement that the same communications would have if they were in writing.

You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way.

You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only.

You must not use the Website for any of the following:
In any way that breaches any applicable local, national or international law
or regulation. In any way that is unlawful or fraudulent, or has any unlawful
or fraudulent purpose or effect. To send, use or reuse any material that is:
(i) illegal, offensive, abusive, indecent, defamatory, obscene or menacing, and/or (ii) in breach of copyright, trademark, confidence, privacy or any other right, and/or (iii) otherwise injurious to third parties, and/or (iv) objectionable, and/or
(v) which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam".
To cause harm, annoyance, inconvenience or needless anxiety to any person.

Breaching these provisions would constitute a criminal offence. We, in compliance with any enforceable law or public order, will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
If you breach any of the Terms and Conditions and/or any Third Party Products and Services’ terms and conditions, you will indemnify us in full against all costs, expenses, liabilities, damages and losses (excluding any indirect, incidental or consequential loss), including any interest, fines and legal or other professional fees and expenses awarded against or incurred or paid by us and/or any member of our group as a result of or in connection with your breach.

The Website may contain services and/or products (including add-ons and applications) offered by third parties other than our Partners (the “Third Party Products and Services”). Your use of these Third Party Products and Services may be subject to additional terms and conditions which we recommend you review before first using such Third Party Products and Services and continue to review for any changes. We disclaim any responsibility or liability for or in connection with your use of any Third Party Products and Services. We reserve the right to suspend, withdraw, terminate and/or amend your access to the Websites and/or
Services, including but not limited to Third Party Products and Services,
in the event that you breach any Third Party Products and Services’ terms and conditions. Use of Third Party Products and Services is entirely at your own risk.

We make no guarantee that any or all features of the Websites, Services
or Third Party Products and Services will work on any particular device.
We are happy for you to link to the Website or share it on social media, but you must do so in a way that is fair and legal and does not damage our reputation
or take advantage of it (such as by using a link to suggest any form of association or endorsement by us). We reserve the right to withdraw linking permission at any time and, if we instruct you to remove a link to the Website, you must do so without delay. Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those websites or resources and such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

We may update or change the Website or its contents at any time but we are under no obligation to do so. Please note that this means any of the content on
the Website may be out-of-date at any given time. The content on the Website
is provided for general information only. It is not intended to amount to advice
on which you should rely. We make no representations, warranties or guarantees, whether express or implied, that the Website, or any content on it, is accurate, complete, up-to-date or will be free from errors or omissions.
To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website, or any content
on it, whether express or implied.

We will not be liable to you or any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with: (i) use of, or inability to use, the Website; or (ii) use of or reliance on any content displayed on the Website.

Please note that we only provide the Website for domestic and private use and, as such, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it. We do not in any way exclude or limit our liability for:

1.death or personal injury caused by our negligence;
2. fraud or fraudulent misrepresentation;
3. any other liability which cannot be limited by law. Different limitations and exclusions of liability will apply to liability arising as a result of our supply of the Services to you and the Partners’ supply of the products to you.


Product descriptions and other information

The images on our website are only for illustrative purposes.
We try to represent
colour as true to nature as possible, but we have no control over the way your screen shows these colours. We always aim for correctness, completeness and currentness of our product information on our webpage. However, we cannot guarantee the accuracy of the product information
on our webpage. The same is true for all other information on our webpage, including information provided by third parties.

 


Sizing information

 We do our best to give you accurate and meaningful information on the fit and
the size of our garments. However, we cannot guarantee that this information is correct, or that by the help of it you will be able to identify your size without fault.

 


Data protection

We only use your personal information in accordance to our Data Protection Declaration. Please take the time to read this carefully, as it includes important information about how we collect and use your data. By using the Website,
you consent to the use of your data as described in our Privacy Policy and
you warrant that all data provided by you is accurate.

 


Intellectual property, software 
and content

We own all intellectual property rights in the Website and its content
(such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software including the presentation
and compilation of the same) ("Content"). The rights in the Website and the Content are protected by international copyright laws as well as by any relevant national law concerning copyright, authors' rights and database right laws.
All such rights are reserved.

You must not systematically extract and/or
re-utiliseparts of the Website or the Content. In particular, you must not use any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for
re-utilisationany substantial parts of the Website. You must not create and/or publish your own database that features substantial parts of the Website (e.g. our prices and product listings) without our prior written consent.

Except where expressly stated to the contrary, all persons
(including their names and images), third party trademarks and images of third party products, services and/or locations featured on the Website are in no way associated, linked or affiliated with us. Any trademarks/names featured on the Website are owned by the respective trademark owners.

 


Salvatorian clause, place of jurisdiction

If any part of these conditions shall be or become invalid, then it shall be replaced by that valid regulation which comes closest to its meaning and intention.
All other parts of the Terms and conditions shall remain valid in that case.
These Terms and conditions do not affect your statutory rights.

Should you infringe on any of the conditions laid out in this document, without us persecuting this infringement immediately, this delay does not imply that we are waiving our right to do so; our rights are still valid. If we do waive our right of persecution, one of our directors will confirm this in writing, and such a waiver does not mean that we will waive all similar claims in the future.

 


Insofar as applicable, Austrian law shall apply.

Place of execution and place of jurisdiction for payments, deliveries, and all potential quarrels between the parties is, insofar as this is statutory, Vienna.


For those end users who do not have a residence in the EU,
the place of jurisdiction is Vienna. If the end user has a residence inside the EU, the law of their home country may apply, if there is compelling
reason that the case should be treated as a consumer rights case.