General Terms & Conditions for Online Stores
1. Scope and Contract Partners
1.1. The following general terms and conditions (hereinafter referred to as the "Terms and Conditions") fully apply from the moment of purchase and delivery of goods from the Tally WEijl Online Shop, concluded between Tally Weijl Trading AG, Viaduktstrasse 42, CH-4051 Basel, Company Number: CHE-104.296.780, (hereinafter referred to as "Tally Weijl") and you the consumer, irrespective of the means of communication used, with a delivery address in Austria. Any provisions which are in conflict or different from these conditions are not applicable, unless Tally Weijl has previously openly agreed in writing. These Terms and Conditions also exclusively apply should Tally Weijl unconditionally provide services and supplies in deviation from the following Terms and Conditions.
1.2. The acquisition of Tally Weijl goods on the Online Store is reserved exclusively to end-consumers fulfilling the following requirements: - Residence and delivery address in Austria, - NOT concluding the transaction for the purpose of their commercial or independent professional activity. Tally Weijl reserves the right to decline your offer to conclude a contract if an order of a significant amount of the same product is placed for delivery to the same person or address - Having completed the 18th year of age at the time of the order. If you are under 18 years old, then the participation of your parent or guardian shall be required.
2. Placing of order and conclusion of the contract
2.1. The selection of goods displayed in the Tally Weijl Online Store does not constitute an offer from Tally Weijl in the legal sense, but only a non-binding invitation to you to transmit to Tally Weijl offers to conclude a purchase contract with respect to the goods displayed.
2.2. After having collected the selected good(s) in the shopping bag you have to subscribe as a costumer resp. register and provide the requested information in the login-mask. By clicking on "PROCEED TO PAYMENT" your are invited to choose the payment option stipulated. You complete your order by clicking on "CONFIRM & PAY". Prior to completing your order, you have the possibility to view, change or delete at any time your order information in your shopping bag. With the completion of the order process by clicking on "CONFIRM & PAY" you are making a binding offer to purchase the goods contained in the shopping bag (order).
2.3. Following your order placement, you will receive an automatic order confirmation by e-mail which includes the order number, the list of goods ordered and the confirmation of receipt of your order at Tally Weijl. This automatic order confirmation does not constitute acceptance of your offer, but it only confirms to you that your order has been received by Tally Weijl.
2.4. Tally Weijl has, in its sole discretion, the right to decide whether it will accept your offer to purchase the ordered goods or not. Any acceptance is usually notified within 14 days of receipt of your order via e-mail in the form of a delivery confirmation. The contract is only concluded through the declaration of acceptance of Tally Weijl issued in the form of the delivery confirmation, and is limited exclusively to the goods which are listed in such confirmation. No contract shall be concluded with respect to any goods for which a delivery confirmation has not been issued. This applies irrespective of whether funds have been charged from your account or not. In the event that funds have been charged from your account whilst your purchase offer has not or not fully been accepted by Tally Weijl, then you will be refunded with respect to any such amounts.
3. Delivery, cancellation of non-deliverable goods, termination and transfer of risk
3.1. You can have the goods delivered to the delivery address provided by you or collect it in a Tally Weijl-Store chosen from the "Click&Collect"-list (Click&Collect Store). Deliveries and collections are possible exclusively within Austria. In case of collection, goods are only handed out after presentation of identification and the delivery confirmation which you have received via e-mail. Collections must be made within 14 days of the sending of the delivery confirmation.
3.2. With the delivery confirmation you will receive the tracking number through which you can track the status of the shipment of the goods. Unless otherwise specified, the term of delivery to the delivery address or the Click&Collect Store is usually up to 5 working days from receipt of the delivery confirmation. Terms of delivery and delivery dates are not binding. In the event of delays in delivery exceeding 30 days, your are entitled to accept a new delivery date or withdraw from the contract.
3.3. Tally Weijl is not obliged to keep the entire range of goods in the Online Store permanently available. If the goods displayed on the Online Store are temporarily or permanently unavailable or temporarily or permanently not deliverable due to force majeure (e.g. due to strikes, lockouts, riots of all kinds, energy and raw material shortages, natural disasters, impossibility of use of means of transportation or of telecom networks, untimely delivery by suppliers of Tally Weijl, hindrance of operations, laws and other enactments, etc.) or due to other reasons for which Tally Weijl does not bear responsibility, then Tally Weijl always reserves the right to cancel your accepted order with respect to the goods thus affected, or to withdraw from the contract. You will be informed immediately about any such step. In case you have not collected your goods in the Click&Collect Store within 14 days of the sending of the delivery confirmation, Tally Weijl assumes that you want to dissolve the purchase contract. Any payments already effected will be refunded within 14 days from cancellation of the orders, contract withdrawal, or dissolution of the purchase contract. The refund will be made in the same form of payment used in the original transaction. Any further claims, in particular claims for damages, are excluded.
3.4. The risk of accidental loss or deterioration of the goods sold is transferred to you with the handover of the goods to you or to the recipient designated by you.
4. Prices and shipping costs
4.1. All prices published on the websites are final prices and thus include the statutory VAT valid at the time of ordering. The respective shipping costs in case of deliveries and any additional costs are visible in the "SHOPPING BAG" and will be added to your order, in case you are subject to such costs.
4.2. If the prices of certain goods ordered are manifestly wrong, then Tally Weijl has the right to cancel the placed order. You have then the option to order anew the goods at the correct price.
5.1. Tally Weijl offers exclusively the payment methods listed in the ordering process. Tally Weijl reserves the right to exclude certain payment methods.
5.2. Payments by credit card are subject to validation checks and authorization by your financial institution. By clicking "PROCEED TO PAYMENT" you confirm to be the rightful owner of the used credit cards. The possibility to complete the order and the authorisation of your chosen payment method is subject to the outcome of the verification process.
5.3. Only payments from accounts located within the European Union (EU) and Switzerland will be accepted. You shall bear all costs related to the financial transaction.
5.4. Upon approval of the payment method by Tally Weijl your account will be charged with dispatch of the delivery confirmation.
6. Retention of title
6.1. Until full payment of the purchase price the goods supplied remain the property of Tally Weijl.
6.2. Pledges, assignments or other encumbrances of the goods owned by Tally Weijl are not allowed. If third parties seize the goods, you are obliged to point out the ownership of Tally Weijl and to immediately notify Tally Weijl in writing.
7. Right of withdrawal
7.1. You have the right to withdraw from the contract concluded in accordance with the following information on the right of withdrawal:
a) Information on right of withdrawal:
You have the right to cancel your declaration of acceptance of the contract without stating a reason within fourteen (14) days. The stated period of time starts on receipt of the goods at the recipient. You have to exercise the right of withdrawal by means of a clear declaration (e.g. by fax, email, letter, electronic return process). For this purpose, you can use the enclosed standard withdrawal form. You can also find the standard withdrawal form or a clear declaration on our website www.tally-weijl.com/en_AT by clicking on "Returns" and you can electronically complete, download, and submit it. We will acknowledge receipt of your withdrawal without delay. You can also exercise your right of withdrawal by sending back the received goods with the intended return and completed withdrawal form or by returning the received goods in a Click&Collect Store in Austria together with the delivery note. To comply with the stated withdrawal period it is sufficient to dispatch the notice of withdrawal or the goods in time.
The notice of withdrawal or the goods to be returned are to be sent to:
TALLY WEiJL (Polska) Sp. z o.o.
AL. Jerozolimskie 65/79
00-697 Warszawa, Poland
In case of a notice of withdrawal by e-mail:
In case of cancellation via electronic return process on the Online Store website http://www.tally-weijl.com/en_AT - click on:
In case of a notice of withdrawal by fax:
+49 (0) 7621 98 68 281
In case of a notice of withdrawal by phone:
+49 (0) 302 334 8263
IIn case of cancellation by returning the goods, the goods are to be sent in their original packaging and with the corresponding label to:
Tally Weijl Logistics Germany GmbH,
In case of return of goods in a Click&Collect Store you are referred to the selection under the Online Store-Website http://www.tally-weijl.com/en_AT .
b) Standard withdrawal form:
CLICK HERE TO DOWNLOAD FORM
c) Consequences of withdrawal:
In the event of an effective cancellation we will refund the received payment including the original delivery costs without delay, but at the latest within 14 days of receipt of your notice of withdrawal. Additional costs incurred to you by selecting another delivery method than standard delivery are not refunded. We are using the same means of payment for the refund you have used for the payment of the goods, unless we have specifically agreed otherwise.
You must send back the goods to us or hand them to one of our Click&Collect Stores in Austria no later than 14 days after we have received your notice of withdrawal. Standard return costs are covered by us if you use the return sticker enclosed with the delivery (cost for express delivery are not covered). We have the right to refuse to make the refund until we have received the goods or you have provided prove that you have sent them back or handed them to a Click&Collect Store.
You must not reduce the value of the goods you wish to return. You have to provide compensation for such reduced value if the deteriorated condition is the result of your handling of the goods exceeding the usual verification of the characteristics, quality and functioning. Verification of the characteristics, quality and functioning is understood as testing and fitting the goods the way it is possible und normal in a retail store. Consequently, you can avoid reimbursing us by treating the merchandise not as your own property and avoiding everything that could reduce its value.
d) Exclusion of withdrawal:
The right of withdrawal does not apply inter alia to contracts: - for the delivery of sealed products which for reasons of public health a return is not appropriate, and you have removed the seal after delivery (such as underwear, swimwear, socks, caps, etc.), - for the delivery of goods which are not prefabricated and for which the fabrication an individual selection or modification of you is decisive, or which are clearly tailored to your personal needs.
End of the information on right of withdrawal.
8.1. You can invoke the statutory warranty regulations for defects of the goods, unless otherwise agreed. Any defects have to be notified to Tally Weijl without delay.
8.2. Any warranty is excluded if you have yourself caused a defect through modification of the goods.
8.3. Tally Weijl declines any warranty with respect to the accuracy and security of any information transmitted or retrieved from its website. Similarly, no warranty - implied or otherwise - is assumed for any information published on the website with respect to the goods, such as their descriptions, colours, materials, texture, quality, etc. Any deviations in this respect do not constitute defects.
9.Liability and limitation of liability
9.1. Tally Weijl is fully and exclusively liable (1) for damages which have been caused by intent or gross negligence, (2) whenever Tally Weijl has maliciously concealed a defect, (3) if a specific guaranteed feature is missing, (4) in the event of injuries to life, body or health, or (5) for claims under mandatory product liability laws. In the event of a breach of substantial contractual obligations, the compensation shall be limited to such damages which were foreseeable and typical to the contractual relationship at issue upon conclusion of the contract (substantial contractual obligations are those the fulfillment of which allows the proper execution of the contract and on the compliance of which you may rely on a regular basis). To the extent that Tally Weijl has issued with respect to the goods or parts thereof a quality and/or durability warranty, it shall be liable under such warranty.
A liability of Tally Weijl which would go beyond what is described in the preceding paragraph is expressly excluded, irrespective of the nature of the claim asserted.
9.2. To the extent that the liability of Tally Weijl is excluded or limited, such exclusion or limitation also extends to its legal representatives and vicarious agents, to the extent that you would assert any claims against them.
9.3. Tally Weijl does not guarantee the accuracy and security of the information transmitted or retrieved through its website. Similarly, no guarantee - implied or otherwise - is assumed for information about the goods appearing on the website, such as descriptions, colours, materials, texture, etc.
10. Intellectual property rights
10.1. The contents of the website, including the text, images, photographs, graphics, sounds, etc. (hereinafter referred to as "design elements") and the software are protected by copyright. The copyrights and trademarks and all other intellectual property rights with respect to the design elements and goods published in the Online Store are the property of Tally Weijl or of its licensors. The intellectual property rights may be reproduced, published, transmitted, modified, or used in any other way only by Tally Weijl or its licensees, unless the use by third parties has been previously expressly approved in writing by the legitimate owner.
11. Assignment of rights and obligations
11.1. Tally Weijl has the right at all times to assign or to transfer its rights and duties under the contracts with you, in whole or in part, to third parties.
11.2. You are not entitled to transfer, assign or encumber, wholly or in part, any rights or obligations under the contracts with Tally Weijl to third parties without the prior consent of Tally Weijl.
12.1. Any notices can be sent to Tally Weijl's Customer Service as follows:
In writing by post:
TALLY WEiJL (Polska) Sp. z o.o.
AL. Jerozolimskie 65/79
00-697 Warszawa, Poland
+49 (0) 302 334 8263
+49 (0) 7621 98 68 281
12.2. With the use of the website http://www.tally-weijl.com/en_AT you accept that we send you notifications via e-mail to the e-mail address you have specified in fulfilment of our legal and contractual obligations or provide information on such website.
13.1. If any provision of these Terms and Conditions is or becomes, wholly or in part, invalid or void, or contains gaps, then this shall not affect the validity of the remainder of these Terms and Conditions.
14.1. In the event that Tally Weijl should not insist in requesting from you fulfilment of the contractual obligations or should fail to exercise the rights available to it, then any such behaviour shall not constitute a general waiver. You shall remain bound to fulfil your contractual obligations unless Tally Weijl notifies you an express waiver in writing.
16. Applicable law and jurisdiction
16.1. Any contract between Tally Weijl and yourself is subject to Swiss law. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) and of any other intergovernmental convention is excluded.
16.2. The place of jurisdiction is Basel/Switzerland.