Terms and Conditions (TAC)
§ 1 Scope of Validity
The following Terms and Conditions are valid for the business relationship between URBAN TOOL Design und Handels GmbH, Reindorfgasse 29, 1150 Vienna, Austria (hereinafter: URBAN TOOL) and the customer, if the customer is a consumer within the meaning of § 1 KSchG [Consumer Protection Act].
§ 2 Closing of Contract
2.1. The presentation of goods on URBAN TOOL’s website and the possibility to order the same shall not be interpreted as a binding offer. A binding offer to conclude a purchase contract shall not be made until the customer places an order. Before finally submitting the order, the customer may correct the order. An automatic confirmation of receipt will then be sent by e-mail to the customer. This confirmation shall not be deemed acceptance on URBAN TOOL’s part. A purchase contract shall only be concluded when URBAN TOOL ships the product to the customer or confirms the order separately in a further e-mail. The text of the contract will be saved and can be opened when logging in again after first registration. No contract shall be concluded for goods that are neither listed in the confirmation nor shipped within 30 days of the order. The purchase contract may be concluded in German or in English.
2.2. In the event of spelling, printing or arithmetic errors, URBAN TOOL reserves the right to rescind the contract.
2.3. The actual colours of a product may deviate from the colours on the photos.
2.4. Orders may only be placed by persons who are at least 18 years of age.
§ 3 Prices and Shipping Costs
The prices of the items are indicated in Euro and USD including VAT inside EU. For customers outside EU the indicated prices are net prices and do not include VAT. Even if the order confirmation shows any VAT amounts, the VAT is not valid nor entitle for any VAT refund. The order confirmation is automatically generated from the system and cannot differ if the order is from inside or outside EU. In return we cover all extra efforts for our abroad customers on issuing customs declaration documents and we make sure all goes smoothly at the import to your country. We offer free shipments worldwide for any order 150,- and up.
§ 4 Payment
Payment may be made by VISA / Verified by VISA, MasterCard / SecureCode, PayPal, eps, direct debit, BILLPAY, Advance Payment with 3% discount, DIRECTebanking or cash on delivery (only in Austria). Private customers in Austria shall pay an extra charge of € 3.50 for cash on delivery. Import duties shall only accrue for deliveries to countries outside of the EU. The amount of import duties depends on local legislation and cannot be indicated. Possible customs duties or import charges are not included in the shipping cost and must be borne by the customer.
§ 5 Returns, Cancellation Right and Right of Withdrawal
5.1. The customer has the right for exchange, partial return or for complete cancellation of the contract.
5.2. All returns must have original tags attached, must be unworn and in re-saleable condition. The fitting is allowed but use for several days is not allowed and is considered as use and acceptance of purchase contract.
5.3. When returning an item, the item is the customer’s responsibility until it reaches us. URBAN TOOL will not accept a return that is shipped with shipping costs due. Shipments without freight prepaid will be automatically rejected because of the immense costs and will be returned to sender. For customer’s own protection, it is recommended to send the parcel using a delivery service that insures for the value of the goods.
5.4. When returning an item from outside of the EU the customer has to make sure the return shipment is declared at the shipper/customs as official return shipment of an online purchase in order to avoid import duties to the EU. The original invoice has to be enclosed, it is recommended to contact the shipper for detailed instructions and documents. URBAN TOOL has the right to deduct all custom duties and costs which occur due to wrong or missing declaration from due refunds.
5.5. The return process can take several working days. URBAN TOOL will contact the customer by email during the return process with all details.
5.6. It is recommended to contact URBAN TOOL for any returns: email@example.com
5.7. Any returns from outside EU have to get prior authorization from URBAN TOOL by e-mail; unauthorized returns from outside EU are not accepted.
5.8. Right of Withdrawal: The customer has the right to withdraw from the contract of purchase within 14 days without giving reasons. Items must be returned unused, originally packed and with all barcode tags intact. Deadline for the withdraw is 14 days starting from the day the customer or a 3rd party entitled by customer, and is not the forwarder, has been handed over the goods. To make use of the right of withdrawal the customer has to give a clear written notice to URBAN TOOL Design und Handels GmbH, Reindorfgasse 29, 1150 Vienna/Austria, Email: firstname.lastname@example.org, Tel: +43 1 892 0303 (for example by mail or e-mail) about customer’s decision to withdraw from the purchase contract. To do so customer may use the withdrawal form provided enclosed to the parcel, but this is not obligatory. >> WITHDRAWAL FORM The action of sending must be within the 14 days deadline to validate the withdrawal.
5.9. Consequences and Effects of Withdrawal: Upon withdrawal of the purchase contract URBAN TOOL GmbH has to return to EU-customers all payments including costs for shipment (URBAN TOOL GmbH has to compensate only costs in the height of standard shipments, any additional costs that have occurred for chosen express shipment services are not to be returned) promptly within 14 days from the day the withdrawal note has arrived at URBAN TOOL Design und Handels GmbH. To customers outside the EU refunds are limited to costs of goods only. Refunds will be credited to the customer’s original method of payment, except any other payment method will be agreed by both parties. No charges for the money return will occur. URBAN TOOL is entitled to withhold the money return until goods have been received back or the customer has provided proof of return shipment of goods, depending which is earlier. Upon withdrawal of contract the customer is obliged to return the goods within 14 days starting from the day of withdrawal note. Returns have to be done to: URBAN TOOL Design und Handels GmbH, Reindorfgasse 29, 1150 Vienna/Austria, Email: email@example.com, Tel: +43 1 892 0303. The 14days deadline for returns is successfully kept when goods are dispatched within 14 days. The cost of returning the item to URBAN TOOL is the customer’s responsibility.
5.10. If the size is not correct or the customer prefers to exchange to another article, the items for exchange can be returned within 14 days from the date of delivery from URBAN TOOL. Products must be returned in their original condition and the new purchase wish should be mentioned clearly. The exchange shipment of the new item will be free of charge within Austria. Exchange shipments outside Austria have to be handled like a new order and new shipment costs will occur.
5.11. If the item received is not what the customer originally ordered, the item can be returned within 14 days from the date of delivery to the customer. For the return process the customer should contact customer care by e-mail, quoting the order number or invoice number, his/her name, details of the product and the reason for return, and whether he/she requires a refund or a replacement.
5.12. If the item received is faulty, the item can be returned within 14 days from the date of delivery to the customer. For the return process the customer should contact customer care by e-mail, quoting the order number or invoice number, his/her name, details of the product and the reason for return, and whether he/she requires a refund or a replacement.
6.1. Deliveries shall be made to the delivery address specified by the customer.
6.2. If delivery or another service is permanently impossible due to force majeure, a performance obligation on URBAN TOOL’s part shall be excluded. Any payments already received shall be refunded forthwith.
6.3. Delivery times are listed in the following table: https://www.urbantool.com/en/customer-care/shipping-costs/ The information regarding delivery times is an estimation from the shipper but non-binding.
6.4. URBAN TOOL reserves the right to make partial shipments if this appears to be expedient for rapid handling of the contract and acceptable for the customer. The customer shall not be required to pay additional shipping costs in this case.
6.5. In the exceptional event that an item cannot be delivered, URBAN TOOL shall inform the customer of this forthwith and reserve the right to rescind the contract.
§7 Retention of Title
The delivered goods shall remain the property of the vendor until complete payment.
§8 Liability / Warranty
8.1. Any compensation claims are excluded in cases of minor negligence. This restriction does not apply for injury to life, body and health.
8.2. Personal liability of the legal representatives, vicarious agents and employees of URBAN TOOL shall be excluded.
8.3. Any other claims for damages resp. for the reimbursement of expenses on the customer´s part are excluded, especially on the grounds of breach of rights and duties arising from the obligation and from liability in tort. In case of statutory liability, e.g. according to product liability, or for intent, gross negligence, physical injury, or due to breach of contract, this does not apply. However, the claims for damages for breach of contract is limited to typical, foreseeable damages and covered only to the sum injured through liability insurance, unless in cases of gross negligence or intent, or physical harm.
8.4. URBAN TOOL’s maximum liability to the customer for any loss or damage arising in connection with the order on urbantool.com shall be limited to the total price of customer’s order.
8.5. If there are defects in the goods the customer has purchased, URBAN TOOL abides by all statutory warrantee regulations. In case of complaints regarding obvious material or manufacturing faults in goods supplied by URBAN TOOL, including damage incurred in transit, the customer is recommended to contact customer care: firstname.lastname@example.org
Exception: Products sold under the online shop categorie OUTLET may have slight imperfections.
§ 9 Data Protection
§ 10 Governing Law
The order and any litigation resulting from the order and from order processing shall be governed by Austrian law. The exclusive venue shall be Vienna.
§ 11 Severance, Written Form
11.1. Should individual provisions of these Terms and Conditions be or become ineffective or invalid in whole or in part, the effectiveness of the remaining Terms and Conditions shall not be prejudiced. The ineffective or invalid provisions shall be replaced by the statutory provisions.
11.2. Any amendments to these General Terms and Conditions must be made in writing.
11.3. These General Terms and Conditions are available in English and German. In the case of any divergence between the two versions, the German version shall prevail.
For legal reasons we are obliged to inform about the platform for dispute settlements, which was set up by the EU for settlements out of court:
Version: March 2015