TERMS AND CONDITIONS

Valid for all orders in Great Britain

HIRSCH Armbänder GmbH, Hirschstrasse 5, 9020 Klagenfurt am Wörthersee, Austria

Last updated: January 2024

 

1. Using www.hirschthebracelet.com (the Website)

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 webshop www.hirschthebracelet.com, between HIRSCH, on the one hand, and customers in their roles as consumers. By issuing a purchase order, the customer declares his or her consent with these GTCs and agrees to comply with the same. 

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. 

You can only purchase from HIRSCH online if you are aged 18 or over and a resident of the United Kingdom or the Channel Islands. 

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.

 

2. Offers and contractual conclusion

All offers of goods (i.e. product details and specifications) in our webshop are subject to change and do not bindingly commit us to the conclusion of a contract.  

The customer’s purchase order constitutes a purchase offer. This offer only acquires the status of a contract upon our acceptance.

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.

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.

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.

The customer issues a binding purchase offer by clicking the button “Order and Pay”.

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.

3. Prices and terms of payment

All prices are totals, i.e. they are inclusive of all taxes such as VAT and other charges, but exclusive of shipping costs. 

Shipping costs do not form part of the purchase price. For further details, please see Shipping Costs. This also contains the minimum gross invoice totals for which shipping is free of charge. 

Price 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.

The invoice will be enclosed with the shipment as a hard copy, addressed to the customer. Registered webshop customers can also access their invoices via their customer accounts at any time.

We accept all major credit and debit cards and PayPal payments.

If payments are made by credit or debit card, the card details are not stored by HIRSCH, 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 is subject to SSL encryption, using a minimum of 128-bit encryption software, and are therefore not accessible to unauthorised persons

 

4. Terms of delivery

Under normal circumstances goods are shipped within 2-5 working days after order confirmation, 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. Occasionally, our delivery to you may be affected by an event outside of our control – see clause 10 for our responsibilities when this happens.

All products are shipped from Austria. We are not responsible for any delay of customs procedures.  Delivery times for products which need a CITES permit (Convention on International Trade of Endangered Species) may vary. We are not responsible for any delay in the processing of the CITES applications by the relevant authorities and have no influence on this process.

If we are unable to accept a purchase order, we shall let you know immediately. This may be the case, for example, if goods are unavailable.

Goods are shipped to the address provided 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.

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. 

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.

 

5.Return policy

You can return new and unused product(s) within 14 days of receiving your purchase, subject to the limitations set out in these GTCs. HIRSCH will provide a refund for product(s) returned in new and unused condition. You are responsible for any costs incurred in the returning of the product(s) unless the product is faulty or not as described. HIRSCH will refund the price paid for the goods via the original payment method.

In case of returns please visit our Website for more instructions.

The deadline shall be deemed to have been observed if the customer dispatches the goods before the 14-day deadline has expired. We may refuse repayment until the goods have been returned to us undamaged or until we have received proof that the goods have been sent off.

If, in the case of a partial cancellation, the limit for free shipping is not reached, HIRSCH shall be entitled to charge shipping costs at a later stage, as detailed in Shipping Costs. Where applicable, these shipping costs shall be offset against the credit note for the returned 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.

We cannot accept returns for handmade and individually specified bracelets.  These goods are marked accordingly in the shop.

 

6. Warranties 

We warrant that the goods will be provided in accordance with UK statutory provisions relating to being in conformity with their description, of satisfactory quality and fit for any purpose held out by us. The goods are intended for use only in the UK. We do not warrant that the goods comply with the laws, regulations or standards outside the UK. 

 The warranty period shall be 12 months from the date of delivery. If you give us notice in writing within a reasonable time of discovery that some or all of the goods we have sold to you do not comply with the warranty described above we will, at our option, replace or repair the affected goods.

If the goods cannot be replaced or repaired (where not feasible, too expensive or time-consuming, unreasonable, or would result in a delay in delivery), you will be entitled to a price reduction or, alternatively, if the fault is more than negligible, to cancellation of the contract and a full refund.

The goods supplied only provide the level of safety that can customarily be expected under licensing regulations and other provisions. 

In case of complaints please contact our Customer Service team.

 

7. Disclaimer

You are only entitled to damage claims towards HIRSCH, 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 death or personal injury – if a given damage or loss is due to our gross negligence or wilful intent. 

We will not be responsible to you or any third party for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any indirect or consequential loss in connection with your use of the Website. You acknowledge and agree that you assume full responsibility for your use of the Website. You acknowledge and agree that any information you send or receive during your use of the Website may not be secure and may be intercepted by authorised parties. You acknowledge and agree that your use of the Website is at your own risk.

 

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.

 

9. Reservation of title

Sold goods continue to be owned by us until the purchase price and all additional payables, particularly interest and costs, have been paid in full. This reservation of title also covers products created through the combination of goods. 

 

10. Force majeure

Force majeure, such as strike action, 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. 

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.

 

11. Contractual details 

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 webshop upon the conclusion of a purchase order. 

All customers are given contract details in the form of an order confirmation sent to the email address they provided. 

12. Data protection

HIRSCH processes all personal data in compliance with the applicable data protection regulations.

Detailed information on data protection can be found in the HIRSCH Privacy Policy on the Website. 

13.  Trademark and industrial property rights

The name “HIRSCH” is a registered trademark and protected as such. Any detrimental use of our registered trademark, complex word and figurative mark and any violation of trademark law shall lead to damage claims. 

Unless you have obtained permission from HIRSCH, you may not use our Website or any of its contents, and neither may you copy or save content wholly or in part except for personal, non-commercial purposes.

14.  Assignment and Transfer/Third party rights

We may assign or transfer our rights and obligations under these GTCs to another entity but will always notify you in writing or by posting on this Website if that happens.

You may only assign or transfer your rights or your obligations under these GTCs to another person if we agree in writing.

The GTCs are between you and us. No other person has any rights to enforce their terms.

15. Changes to the GTCs

We reserve the right to change these GTCs from time to time. If this happens, we will post the new GTCs on the Website.

16.  Applicable law 

These GTCs, their subject matter and formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

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: shop@hirschthebracelet.com