Introduction

These terms and conditions govern sales by the sole proprietorship Claudia Angela Gertrude Polic, located at Hauptstraße 13, 8061 St. Radegund, Austria. Contact: Phone +43 664 750 22 715, email info@claudier.eu, tax identification number UST-ID: ATU67260215 (hereinafter referred to as “CLAUDIER”).

CLAUDIER designs and produces international haute couture and prêt-à-porter fashion for women, men, and children, as well as accessories, shoes, lifestyle items and jewelry. These products are sold worldwide under the CLAUDIER brands, including CLAUDIER and CLAUDIER INTERIOR (hereinafter collectively referred to as “CLAUDIER products”).

In order to offer its customers the most convenient shopping experience possible, CLAUDIER works with selected boutiques, and its distribution network for selected items, but also a distance selling service via telephone and the Internet (hereinafter referred to as “Items”).

Article 1 – Scope of the General Terms and Conditions

These General Terms and Conditions apply to all orders placed by means of distance selling, either

1. by telephone/email via CLAUDIER’s customer service in accordance with Article 2.1 of these Terms and Conditions (hereinafter referred to as “Customer Service”) or
2. via the website https://www.claudier.eu (hereinafter referred to as “website”).

Sales are directed exclusively at end consumers who are natural persons and act as consumers within the meaning of § 1 KSchG (Austrian Consumer Protection Act). A consumer is any natural person who enters into a legal transaction for purposes that are not or predominantly not attributable to their professional or commercial activity. Trade with resellers and intermediaries is expressly excluded (hereinafter referred to as “Customer” or “you”).

By placing your order, you confirm that you are acting as a consumer and will not use the purchased items for commercial resale purposes.

Furthermore, you warrant that you have full legal capacity to effectively agree to these terms and conditions.

By clicking on the “Place order and pay” button, you agree to the current General Terms and Conditions and the Privacy Policy (hereinafter “Privacy Policy”) for each order placed on the website. Both documents are available for you to view at any time during the ordering process.

CLAUDIER reserves the right to amend or update these terms and conditions and will inform its customers of any changes by email. The version of the terms and conditions valid at the time of conclusion of the contract shall always be decisive.

Information on the processing of personal data collected via the website, by telephone or via email can be found in the privacy policy.

Article 2 – Information on orders and pre-orders

Orders and pre-orders can be placed either by telephone, email or via the website.

Orders and pre-orders placed by telephone will only be accepted in German or English.

The website currently offers the order process in German and English.

The language in which the purchase contract is ultimately concluded depends on the country in which the respective country-specific version of the website is operated. In principle, the contract is concluded in English, in exceptional cases in German.

2.1 Telephone or email orders and advance orders via customer service

German-language orders by telephone can be placed via the customer service department on +43 664 750 22 715 (local rate) from Monday to Thursday between 10:00 a.m. and 5:00 p.m. (except public holidays).

For telephone orders in English, please also call +43 664 750 22 715. You will either be connected directly to an English-speaking employee or receive a callback. Here too, the service hours are Monday to Thursday, 10:00 a.m. to 5:00 p.m. (except public holidays).

Outside these hours, a callback service is available.

Once your bank has debited your card or account, the order or pre-order will be forwarded directly to the department responsible for preparing the order or processing the pre-order. Orders placed in this way constitute a legally binding offer to which you are bound for two weeks.

2.2 Online orders via the website

2.2.1 Selection of items

Special orders, such as orders for customized items, one-off items, etc. (excluding personalization), cannot be placed via the website. If you would like to order such special items, please contact the customer service department directly in accordance with Article 2.1.

On the website, select the items you wish to order or pre-order, specify the quantity and description, and check all details carefully before placing the items in the virtual shopping cart. Please note the quantity restrictions specified in Article 4.

By clicking on the corresponding buttons, online customers can change the contents of their shopping cart as they wish, delete items, change the quantities of orders or pre-orders, or add items.

2.2.2 Registration and login

Once you have finished selecting your items and want to check your shopping cart, you can:

• log in to your existing customer account (hereinafter referred to as “account”) or
• continue as a guest without registering.

You can also log in before selecting items. If you use an existing account, you can log in using your email address and password.

If you do not yet have an account, you can create one during the ordering or pre-ordering process by entering your title, name, residential address (if required), email address, and telephone number.

The account will be activated as soon as CLAUDIER sends you a confirmation email.

Once an order has been submitted, the delivery address for the order can no longer be changed. If you need a different address, you must place the order again.

Details on the processing of your personal data can be found in the privacy policy.

Your login details, i.e. your username and password, must be treated as confidential. You are obliged to keep them safe and not to disclose them to other persons.

In addition, you must notify CLAUDIER immediately if you suspect that your login details have been lost or stolen, or that your account has been used without authorization.

CLAUDIER is not liable for any direct or indirect damage resulting from the misuse of your account or from problems accessing your account or the website, provided that CLAUDIER is not at fault.

2.2.3 Order confirmation by the customer

During the ordering process, you must provide all the information necessary for shipping, including:

• Email address
• First and last name
• Street and house number
• Postal code
• City
• Phone number
• Destination country
• Billing address
• Delivery or pickup address (if a CLAUDIER store in the respective country offers this service)
• Selected payment method and the associated payment details

For gift orders, you have the option of adding a personal greeting card to the package or having the order gift-wrapped (if this option is available, you may selected the option(s) if desired).

You can specify whether your delivery address is also to be used as your billing address or whether a separate billing address should be stored.

Once all the required data has been entered, the total price of the items (see Article 5), any shipping costs, will be displayed automatically.

Before finally submitting your order, you should check all the details again.

CLAUDIER provides technical validation functions to assist you (e.g., checking whether mandatory fields have been filled in correctly and whether the entries are formally acceptable).

All of your order details will then be summarized in an overview.

A binding order is only possible once you have clicked on “Place order” and expressly confirmed in advance that you have read and agree to the Terms and Conditions and the Privacy Policy.

A customized CLAUDIER order will be approved and processed after successful verification.

2.2.4 Order or pre-order confirmation by CLAUDIER

After completing the steps described in Article 2.2.3, you will receive an email confirming receipt of your order.

Unless expressly stated otherwise, this confirmation of receipt does not constitute acceptance of your offer.

The purchase contract is concluded as soon as:

• CLAUDIER confirms your order in writing, or
• the ordered items have been shipped and you receive a separate shipping confirmation by email.

If you pay via Google Pay, PayPal (if avaible), Apple Pay, Apple Pay express, or Klarna in accordance with Article 6.2, the purchase contract is deemed to have been concluded as soon as you confirm your order on the PayPal, Apple Pay, Apple Pay express, or Klarna website.

The confirmation of receipt of your order contains, among other things:

• the order number
• the total amount
• any shipping costs
• the relevant product characteristics
• quantity and price information
• and a link to the terms and conditions.

By clicking on “Place order” or by being redirected to a payment service provider and then confirming, the payment is triggered.

The invoice will be sent to the email address you provided or saved within a period between the order date and no later than eight days after the order.

As soon as your items are shipped to the delivery address you have chosen, CLAUDIER will send you another email with information about the shipping status and the expected delivery date.

Payment for a customized order is made immediately once it has been approved from the system.

2.3 Proof of order

There is an express agreement between you and CLAUDIER that both emails and the automated recording systems used by the customer service department constitute legally valid and binding evidence—in particular with regard to the type and time of the order.

CLAUDIER archives the contract text. However, for online orders, we recommend that you save or print out the order documents yourself.

Article 3 – Product availability

CLAUDIER reserves the right to change the products offered on the website at any time and without prior notice. However, such changes will not affect orders that have already been placed.

Before placing an order, you will be informed –

when ordering by telephone or email via the customer service department or

when ordering online on the relevant product page of the website –

• whether the item in question is available or not; or
• if the item is temporarily unavailable, whether it can be pre-ordered for delivery at a later date within a specified period.

If, despite all reasonable efforts on the part of CLAUDIER, an item you have ordered is no longer available, CLAUDIER will inform you as soon as possible – by telephone or email.

If, in exceptional cases, an item you have ordered is no longer available, CLAUDIER is obliged to cancel or reject the order. In this case, you are not obliged to make any payment. You will also be notified of this by telephone or email.

Article 4 – Refusal of an order

Purchases made via the website or by telephone/via email are intended solely for the customer’s own use (or as gifts) and not for resale.

CLAUDIER expressly reserves the right to refuse orders that are deemed abusive or unusual. This applies in particular if the following maximum order quantities are exceeded:

• a maximum of ten (10) items per individual order; and/or
• a maximum of four (4) identical items ordered within a period of thirty (30) calendar days, regardless of size or color.

In addition, CLAUDIER may reject orders

(i) if the customer has been involved in conflicts or payment or delivery problems in connection with a previous order, or

(ii) if the order does not comply with the provisions of these General Terms and Conditions.

If an order appears to be incorrect or implausible, CLAUDIER reserves the right to examine it in detail and cancel it if necessary.

If CLAUDIER determines that your order violates these Terms and Conditions or contains incorrect information, you will be notified via a website message, email, or telephone.

If you do not correct the disputed information within fourteen (14) calendar days of receiving the notification, CLAUDIER is entitled to cancel the order and the associated payment.

Article 5 – Prices of items & invoicing

The prices quoted by the customer service department or listed on the website are shown in euros (€). They include all taxes and statutory charges, but exclude shipping costs. Shipping costs are shown separately and clearly displayed before the order or pre-order is completed.

The prices valid at the time of ordering apply, provided that the items in question are available at that time.

CLAUDIER reserves the right to adjust the prices of the items offered at any time and without prior notice; however, orders that have already been placed are not affected by such price changes.

Article 6 – Terms of payment

6.1 Payment by credit or debit card

You can use credit or debit cards to pay for your purchases. We accept cards from the “CB” network, Visa©, Eurocard© (if possible), MasterCard©, American Express©, and Apple Pay©.

When ordering by telephone, an invoice with a reference to prepayment will be sent to you by SMS to the telephone number from which you called or by email, if you provide one. The order will only be shipped after payment has been received.

When ordering by email, an invoice with a request for advance payment will be sent to you by email. The order will only be shipped after payment has been received.

Payments via the website are processed by the external payment service provider Stripe. If you have any questions or problems regarding the secure payment process, please contact Stripe directly.

The authentication process may vary depending on the card-issuing bank. By providing CLAUDIER with your card or account details via the website, you give CLAUDIER your unconditional consent in advance to make the payment and, at the same time, authorize your bank to book the transaction based on the payment information provided by CLAUDIER – even if there is no invoice signed by the cardholder.

If your card is charged before the items are shipped or if you expressly confirm acceptance of the items in another way, the purchase contract is deemed to have been concluded at the time of debiting. This does not apply to down payments or pre-agreed installment payments, in which case your card will only be charged on the agreed date.

Article 7 – Delivery

Items can only be delivered to countries expressly specified by CLAUDIER. For security reasons, CLAUDIER does not accept orders where a PO box is specified as the delivery or billing address.

You have the option of having items—including those intended as gifts—sent to recipients within the specified delivery countries.

Once payment for an order or pre-order has been received, the items will be shipped to the address you provided during the ordering process. It is therefore your responsibility to provide a correct and complete delivery address.

Provided that the purchase price has been paid in full, the ordered items will be delivered as follows:

• on or within the date or delivery period specified by CLAUDIER prior to confirmation of your order, or – if no time frame has been specified – within the period specified by the respective delivery service based on the order date, provided that there is no justified delay in delivery; or
• if the item in question is temporarily unavailable, within the time frame that was communicated to you (i) when you placed your order by telephone/email via the customer service department or (ii) when you added the item to your shopping cart on the website and before the order was accepted, and which you confirmed.

For made-to-order items, CLAUDIER reserves the right to deliver them within 2 to 8 weeks, unless there is a justified delay in delivery; or

• if the item in question is temporarily unavailable, within the delivery timeframe communicated to you (i) by telephone/email when placing your order or (ii) when adding the item to your shopping cart and before accepting your order, and accepted by you.

CLAUDIER ships items via standard shipping or express courier with personal delivery confirmation.

CLAUDIER covers the shipping costs for standard shipping. If express shipping with proof of delivery is requested, the customer shall bear the associated costs. The respective costs will be displayed before you complete your order. A cost estimate for express deliveries will be provided to you via text message/email after/during a telephone/email order.

If delivery delays occur due to an event beyond CLAUDIER’s control, you will be informed immediately. CLAUDIER will take all reasonable measures to reduce the impact of the delay. However, if it is foreseeable that delivery will be significantly delayed, you may withdraw from the contract and reclaim any amounts already paid for items not yet delivered.

If the delivery service is unable to deliver the package after one unsuccessful delivery attempt and it is returned to CLAUDIER with the note “addressee moved,” CLAUDIER will attempt to contact you twice within four (4) weeks of receiving the return shipment. If we do not hear from you within these four weeks, you must contact CLAUDIER customer service for further steps.

Article 8 – Pre-sales

CLAUDIER may offer its customers the opportunity to (i) order certain products before their official market launch and (ii) purchase items that are temporarily unavailable.

In such cases, the full purchase price is due immediately upon ordering. The amount will be debited via your chosen payment method as soon as CLAUDIER has accepted your order. You will first receive a corresponding deposit invoice for the advance payment made.

When ordering by telephone, an invoice with a request for advance payment will be sent to you by text message to the telephone number from which you called or by email, if you provide one. The order will only be shipped after payment has been received.

When ordering by email, an invoice with a request for advance payment will be sent to you by email. The order will only be shipped after payment has been received.

The same delivery terms and conditions as described in Article 7 apply to advance sales.

If it later transpires that the delivery of an item ordered in advance is not possible for unforeseeable reasons, you will be informed in writing. The purchase price already paid will then be refunded to the payment method originally used.

You will also be notified in the event of delivery delays. If delivery is delayed by more than three additional weeks, you are free to withdraw from the contract.

Article 9 – Data protection

For detailed information on how CLAUDIER processes personal data collected via the website or by telephone, please refer to the privacy policy.

Article 10 – Retention of title

CLAUDIER retains ownership of all delivered items until

(a) you yourself or

(b) a person authorized by you

has taken possession of the items.

The resale of items that are still subject to retention of title is only permitted with the prior written consent of CLAUDIER.

Article 11 – Intellectual property rights

The website may not be reproduced, displayed, or modified in any form, either in whole or in part, either directly or indirectly.

The reproduction, downloading, modification, or use, whether in whole or in part, of trademarks, illustrations, photos, images, patterns, or logos belonging to CLAUDIER, for any purpose and on any medium whatsoever, is strictly prohibited without the prior express consent of CLAUDIER. Likewise, any use for sales purposes or any other direct or indirect commercial use that is not in accordance with the right to use the website and, in particular, components of the website (displayed articles, descriptions, prices, data, software, graphics, images, texts, photos, tools, etc.) is strictly prohibited without the prior express consent of CLAUDIER. Further details can be found in the legal notice.

Article 12 – Right of withdrawal

As a consumer, you have the right to withdraw from the contract within fourteen (14) days without giving any reason, in accordance with the following statutory withdrawal policy.

The right of withdrawal does not apply to goods that have been manufactured according to your specific requirements, are clearly personalized, or to items that are not suitable for return for health or hygiene reasons and whose seal has been removed after delivery.

Cancellation policy

Right of cancellation

You have the right to cancel this contract within fourteen days without giving any reason.

The cancellation period begins on the day on which you or a third party named by you, who is not the carrier, took possession of the goods.

To exercise your right of withdrawal, you must inform us

(CLAUDIER, Hauptstraße 13, 8061, St. Radegund, Tel.: +43 664 750 22 715, E-Mail: info@claudier.eu or support@claudier.eu)

by means of a clear statement (e.g. by letter, email, or fax) of your decision to withdraw from the contract.

You can use the sample withdrawal form attached at the end for this purpose, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the fourteen-day period expires.

Consequences of revocation

If you withdraw from this contract, CLAUDIER will refund all payments we have received from you reagarding the refunded order—including delivery costs—without delay and no later than fourteen days after the day on which we received your notice of withdrawal.

This does not include any additional costs incurred if you have expressly chosen a type of delivery other than the standard delivery offered by CLAUDIER.

We will use the same means of payment for the refund that you used for the original payment, or a bank transfer, unless expressly agreed otherwise. You will not incur any fees as a result.

The goods must be returned either to our studios or to a specific boutique. We will inform you of the exact return address by email after confirming your withdrawal.

You will only be liable for any loss in value of the goods if this is due to handling that was not necessary for checking the condition, properties, and functionality of the goods.

________________________________________

Sample withdrawal form

(If you wish to withdraw from the contract, please fill out this form and return it.)

To:

[Insert name, address, fax number, and email address of the company, if applicable]

I/we (*) hereby withdraw

the contract concluded by me/us () for the purchase of the following goods () / the provision of the following service (*)

Ordered on () / received on ()

Name of the consumer(s):

Address of the consumer(s):

Signature of the consumer(s):

(only for paper notifications)

Date:

(*) Delete as applicable.

________________________________________

Article 13 – Voluntary return

In addition to your legal right of withdrawal under Article 12, CLAUDIER offers you a voluntary return option within twenty-one (21) days of receipt of the goods. Within this period, you may cancel your purchase and return items purchased by telephone/email or via the website.

The following items are excluded from this voluntary return policy:

• personalized items or items made to specific specifications,
• products that have been permanently attached to other goods after delivery,
• sealed goods that are not suitable for return for health or hygiene reasons, provided that the seal has been removed after delivery.

Items must be returned under the following conditions:

• within twenty-one (21) days of delivery,
• together with a fully completed return form (see appendix) or a clear statement of your wish to return the item,
• in the original packaging.

.

Items that are damaged, incomplete, soiled, altered, without labels, worn, or returned in a condition that indicates they have been used cannot be refunded or exchanged and will be returned to you if possible.

The soles of shoes must be undamaged. We strongly recommend that you only try on shoes on carpets.

Returns must be in their original condition; all labels and any accompanying accessories and instructions must be included.

Returns made after 21 days may be refused by CLAUDIER; in this case, the item will be returned to you.

Recipients of gift items do not have their own right of return. This right is exclusively reserved for the original purchaser.

Your right of withdrawal under Article 12 remains unaffected by this; until the expiry of the statutory withdrawal period, the conditions of Article 12 apply exclusively.

14.1 Voluntary returns – by telephone or email only

You have twenty-one (21) days from delivery to return an item. To do so, please proceed as follows:

1. Via the contact form on the website or by email (support@claudier.eu)

Inform CLAUDIER of your wish to return the item. You will then receive confirmation of receipt of your return notification by email.

2. By telephone via the customer service department

You can register your return by telephone.

3. Return using a prepaid return label

If a prepaid label is included in the package, you can return the item directly to a delivery service drop-off point.

Please note: CLAUDIER reserves the right not to include a prepaid return label in every case. If no label is available, only options 1 and 2 are available.

The price of the returned items will be refunded using the same payment method you used for the purchase (or by bank transfer) no later than fourteen (14) days, unless something comes up on the part of the payment providers or the bank, or they have different terms and conditions, after CLAUDIER receives the return.

Additional delivery costs incurred due to a more expensive shipping method chosen by you will not be refunded.

14.2 Voluntary returns in selected CLAUDIER boutiques

CLAUDIER customers can also return items to certain boutiques selected by CLAUDIER – however, only items that were purchased in these boutiques.

In these cases, the present Terms and Conditions do not apply; instead, the terms and conditions intended for brick-and-mortar boutiques apply.

Article 14 – Exchanges

In addition to your legal right of withdrawal under Article 12 and the voluntary return option under Article 13, you may also exchange a purchased item within twenty-one (21)  days, under the same conditions as set out in Articles 12 and 13.

Within these thirty days, you can exchange an item

• by email,
• by telephone via the customer service department, or
• at a selected CLAUDIER boutique where the item was originally purchased.

In boutiques, the terms and conditions of the store apply.

The following items are excluded from exchange, in accordance with the provisions of Articles 12 and 13:

• personalized or custom-made goods,
• products that have been permanently connected to other goods after delivery,
• items in sealed packaging (e.g., swimwear) whose seal may not be opened for hygienic or health reasons or has already been opened,
• damaged, altered, soiled, or used items, as well as products without original labels or without complete original packaging.

CLAUDIER may refuse the exchange in accordance with its exchange policy if you request multiple exchanges (more than two (2)) in succession.

Only one exchange is possible per order. If you wish to exchange an item that has already been exchanged, you must return it in accordance with Article 13 and request a refund of the purchase price via the customer service department.

An exchange is only possible if the desired replacement item is available on the website or in the selected boutique. If the item is not in stock, a refund of the purchase price will be issued. If you make the exchange in a selected CLAUDIER boutique, the respective terms and conditions of the boutique in question apply exclusively to this exchange.

Article 15 – Your rights in the event of defective items

If an item is defective, the statutory provisions apply, in particular the statutory warranty provisions.

For certain items offered on the website, there is also a voluntary warranty that goes beyond the statutory claims.

The respective conditions and the procedure for claiming this additional warranty can be found in the section “Terms and Conditions for Customer Services” and in the information documents enclosed with the respective item upon delivery.

Article 16 – Customer services

In certain cases, CLAUDIER may offer an extended commercial warranty or a guarantee that goes beyond the statutory warranty rights.

The exact terms and conditions of such a warranty will be included with the item upon delivery.

However, a voluntary commercial warranty does not limit your statutory warranty rights in any way.

Customer services are available for all items that can be repaired technically.

Please refer to the section “Terms and Conditions for Customer Services” for the requirements and procedures for using these customer services.

CLAUDIER hereby confirms that there is no guaranteed period during which replacement parts required for the use of the items will be available. However, CLAUDIER will make every effort to assist you if you require one or more replacement parts.

Article 17 – Alteration Service

For adjustments or alterations (“Alteration Service”) to items, you must contact CLAUDIER in advance by email, via the contact form on the website, or by telephone. A suitable solution for the desired alteration will be agreed upon with you.

Once an item has been handed over to CLAUDIER, sent to CLAUDIER, or received by CLAUDIER for the purpose of alteration, all rights to exchange, withdrawal, revocation, or other rights of return expire.

This applies equally if the item has been returned to you or handed over to you in person after the alteration has been carried out.

Once the alteration process has begun and the alteration has been carried out, there is no entitlement to a refund, withdrawal, exchange, or voluntary right of return in accordance with Article 13, nor is there a right of revocation in accordance with Article 12.

Article 18 – Information about items – Limitation of liability

Information about all items offered for sale by distance selling is available at all CLAUDIER stores, on the website, and from the customer service department.

The photos, graphics, and descriptions of items offered for distance selling used on the website are for informational purposes only and are not binding on CLAUDIER. Further information is available on request from the customer service department, by contacting CLAUDIER by email (support@claudier.eu), or by using the contact form on the website.

Although CLAUDIER makes every reasonable effort to reproduce the colors, patterns, and representations of the items on the website as faithfully as possible, deviations may occur—in particular due to technical limitations of individual end devices in color representation.

CLAUDIER therefore accepts no liability for minor deviations, errors, or inaccuracies in the photographs or graphic representations of the items on the website.

In the event of slight negligence, CLAUDIER shall only be liable for damages that are foreseeable consequences of the breach of essential contractual obligations—i.e., those obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely.

Damage is considered foreseeable if its occurrence is obvious or if both you and CLAUDIER were aware at the time of conclusion of the contract that such damage could occur and this was, for example, discussed with CLAUDIER during the purchase process.

These limitations of liability apply to all claims for damages – regardless of the underlying legal basis – with the exception of claims by the customer (i) due to fraudulently concealed defects, (ii) due to defects for which a quality guarantee has been given (in this case, the respective warranty conditions and the applicable limitation period apply), (iii) under the Product Liability Act, (iv) for personal injury, (v) for intentional acts, or (vi) for gross negligence.

Article 19 – Final provisions

CLAUDIER’s failure to assert or insist on compliance with individual provisions of these GTC at a specific point in time shall not be construed as a waiver of its right to exercise this right at a later point in time or to assert claims based on complete or partial non-performance.

Should any provision of these GTC be declared invalid or ineffective in whole or in part, all other provisions of these GTC and the rights and obligations arising therefrom shall remain unaffected and shall continue to be valid.

Article 20 – Disputes – Applicable law

Austrian law applies to all legal relationships between the customer and CLAUDIER. The place of jurisdiction is agreed to be Graz, Austria. CLAUDIER is neither obliged nor willing to participate in out-of-court dispute resolution. CLAUDIER’s email address is info@claudier.eu.