GENERAL TERMS AND CONDITIONS Merchandise & Fashion Solutions

TERMS & CONDITIONS 

Your contractual partner is : 

Merchzilla.com Simic KG 
Kienmayergasse 22
A-1140 Wien 
Email: office@merchzilla.com 

Tax Nr.: 093/6780 
UID: ATU57406989 
Commercial register Nr: 237419x 

 

office adress for returns:
Merchzilla.com Simic KG, Kienmayergasse 22, A -1140 Vienna



CONTACT:
Email: office@merchzilla.com 
Please note that Questions regarding Webshoporders can only be handled by E-Mail.

1. Order 

1.1. The contract only becomes binding after receipt of either the order, or a written confirmation from merchzilla.com (per email, post or fax). Before such time, there is no entitlement to the ordered goods. Our offering is not binding. Merchzilla.com reserves the right to error, delivery possibility and prior sale. 

1.2. The delivered goods remain the exclusive property of merchzilla.com until full payment has been received. 

2. Payment 

Prepayment: After we receive your order, you will receive an order confirmation via email, with the full order amount and an order number. This confirmation will arrive via post, fax or email. Payment must be made via bank transfer or credit card. Once the order was confirmed by the customer, the customer is obliged to buy and pay for his/her order. The correct amount must be paid within 30 days into the stated account (only to be considered for the advance payment method). 

3. Delivery 

3.1. We only accept advance payment (prior bank transfer into our specified account), credit card or Mobile Payment. (see T & C, point II) As soon as payment is received your order is processed and then produced. 

3.2. DPD delivery Service

Within Austria: exclusively via parcel up to 14 business days (production + delivery)
Outside Austria: parcel up to 20 business days (production + delivery)


4. Transport damage 
Please check all deliveries for damage. If necessary, open in the presence of the post man, or other deliverer. Do not accept any package that has been opened, as so doing implies your silent, and binding, consent that said package has been received in perfect condition (in the event of any doubt, take the name of the deliverer). 


5. Right of withdrawal 
PLEASE NOTE: The following right of withdrawal does not apply to the delivery of goods produced to your specific guidelines (§ 312d Abs. 4 BGB).

5.1. There is no requirement on return of correctly supplied goods. Exception: If there is demand for a different size. The wish of returning unused, intact and smell-neutral commodity must be advised in writing PRIOR of sending back. The writing must contain the exact description of commodity (article, quantity and color indication), the purchase order number, as well as the reason of the return. If we accept the return by a written consent, the goods can be sent back to us. Packages not being prepaid cannot be accepted without prior agreement. All incurred costs, resulting from disregarding this defined proceeding, must be paid by the customer. Because of the reason that every T-shirt ist custom made ("on demand" - principle) and we do not ship ready-made stock goods, we reserve the right to charge a cancellation fee/allowance of 15% of the merchandise value.


5.2. Consequences of withdrawal 
In the event of an effective withdrawal, all parties are obliged to return all received goods and services, and repay any usage made (e.g. Interest). Are you not able to return, completely or at all, received goods and services, then you are obliged to replace the value. 

Generally you can avoid any value replacement obligation, my refraining from using or in any way damaging the value of the goods. The goods must be returned. If the delivered goods correspond to your order, then you are obliged to pay the return postage costs. 

All payments must be made within 30 days of mailing your withdrawal declaration. 

5.3. This right to withdrawal is not valid for Audio or Video recordings or software if you have opened the data carrier, and also not for newspapers, magazines or illustrations.

5.4. Exchanges & Returns. The customer is entitled to return the purchased item within 2 weeks, from the time the order was obtained by the customer. Returns are made to the stated address. Shipping and handling costs of 5,- EURo needs to be included in the return envelope. Exceptions for exchanges & returns are items ordered, which were specially produced for the customer`s needs.


6. Damage 

6.1. You lose the right to claim for obvious damage, if this is not claimed, in writing, within 14 days of receipt of the goods. To meet the time period stated, proof of postage is sufficient (postage stamp). 

6.2. No responsibility will be taken for mistakes in the online-shop. Potential (slight) deviations in colour between pictures and delivered products are of a technical nature and are not constituted as mistakes. 

6.3. In the case of back or arm prints there can be slight deviations, as we always aim to stay up.-to-date (e.g current tour dates, new designs etc): these do not constitute mistakes. 

6.4. No responsibility will be taken for damage due to failure to abide by the care instructions. Textiles are to be washed before they are worn, to remove any production residues. The T-Shirts should only be washed inside out and at 30 degrees. All textiles are not to be tumble dried. Care instructions that differ from those stated here (e.g higher washing temperature) will be attached with the goods.

6.5. The print data is used for production as delivered by the customer. Separate verification and processing of the print data need a written agreement and are charged with EUR 70 per hour.

7. Data protection 
All data necessary for business transactions are saved in our IT and will not be given to any third parties. Our general terms of sale and delivery are seen to have been accepted through ordering. 

In the event that one or more of the provisions of these terms and conditions should loose their validity, this will not effect the validity of the remaining terms and conditions in any way. An effective provision, which comes closest in meaning to the invalid provision, shall take its place. 

With the arrival of these business and delivery terms, all previous business and delivery terms lose their validity. 


8. Retention of ownership 

8.1. All deliveries are subject to retention of ownership. The orderer only receives ownership, when he/she has fulfilled all obligations. In the case of an ongoing invoice, the retension of ownership serves as collateral for our outstanding bills. 

8.2. You have the right to dispose of the delivered goods in the customary goods traffic. You are not allowed to pawn of the goods. You are obliged to inform us of pawning, or any other encroachment of our rights through third parties, immediately. 

Any right to payment outstanding, due to resale or any other legal reason (insurance or illegal action), for goods under retention of ownership, must be transferred to us 

We give you the right to reclaim any payment outstanding, that has been transferred to us, in your name. This right to reclamation can only be withdrawn should you not fulfil any payment obligations in the proper way.

8.3.We are obligated to store your purchased goods free of additional charge for the maximum period of 3 months after the completion. After this period has expired or a written scheduled collection date on our part has not been followed, the risks of degradation or demise of the goods turn on the client. We are entitled to either dispatch the webshop-orders to the customer at the full expense and danger of the client or to charge an appropriate storage fee for further keeping the goods. For oders that have not been picked up by the client within a total period of 6 months, starting from the date of order, every claim for warranty or compensation is no longer applicable.

DATA PROTECTION 

Privacy and data protection 

All data necessary for business transactions are saved in our IT and will not be given to any third parties. Our general terms of sale and delivery are seen to have been accepted through ordering. In the event that one or more of the provisions of these terms and conditions should loose their validity, this will not effect the validity of the remaining terms and conditions in any way. 

An effective provision, which comes in closest meaning to the invalid provision, shall take its place. With the arrival of these business and delivery terms, all previous business and delivery terms lose their validity. 

Note to liability 
Although we have strict and careful controls, we accept no responsibility for the contents of external links. 

Copyright 
Every Website-Design, every text, all graphics, and every choice or layout of these, is legally protected, Copyright  2006 merchzilla.com Simic KEG. All rights reserved. The duplication or reproduction (including the printing on paper) of the entire, or any part of this website, will only be granted after prior consultation, or for the purpose of ordering at merchzilla.com 

Delivery and Postage 

We produce every shirt according to your specific wishes – due to this we only accept advance payment (prior bank transfer into our specified account), credit card or Mobile Payment. (see T & C, point II) 

As soon as payment is received your order is processed and then produced. 
(Should any article be unavailable you will be contacted by us) 
You will receive a mail with the subject: „Change in status – invoice total received“. 

As soon as the ordered goods have been posted or is ready for collection, you will receive another confirmation email. 

DPD Delivery
Within Austria: exclusively via parcel up to 10 business days (production + delivery)
Outside Austria: Economy letter up to 20 business days (production + delivery)


Actually accrued DPD costs will be charged. Also in the case of express deliveries via overnight courier, we will charge the actually accrued costs. 

In case of damage to goods, right to withdrawal only becomes valid after a rectification has been attempted. Exchange is only possible in the case of a wrong delivery. When returning, a copy of the delivery note must be attached, with a written explanation and specification of the invoice number. 


PREPAYMENT 

Payable to: 

Address: 
Merchzilla.com Simic KG 
Kienmayergasse 22
A-1140 Wien 

CONTACT:
Email: office@merchzilla.com 
f. +43 (0) 1 941 01 38 20 

UID: ATU57406989

Bank details for Webshop-Orders: 
Erste Bank der österreichischen Sparkassen AG
Kontonummer: 293 536 799 01
Bankleitzahl: 20111
IBAN:AT432011129353679901
BIC: GIBAATWWXXX

Bank details for Printservice-Orders: 
Erste Bank der österreichischen Sparkassen AG
Kontonummer: 293 536 799 00
Bankleitzahl: 20111
IBAN:AT702011129353679900
BIC: GIBAATWWXXX

 

Please note that your order will only be produced and delivered after we have received the total outstanding!

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