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Terms of service

General Terms and Conditions (AGB)

1. General Information, Scope of Application

1.1. These General Terms and Conditions (hereinafter referred to as "GTC") apply to all business relations between Chumy FlexCo (hereinafter referred to as the "Provider") and its customers in the version applicable at the time the contract is concluded. By submitting an order, the customer declares their agreement with and is bound by these GTC.

1.2. Any deviating general terms and conditions of the customer are hereby rejected.

1.3. Should individual provisions of these GTC be wholly or partially invalid due to mandatory statutory provisions (in particular the Austrian Consumer Protection Act = KSchG), the remaining provisions of these GTC shall remain effectively unchanged.

1.4. Customers pursuant to Section 1.1 include both consumers and entrepreneurs. A consumer is any natural person whose purpose in placing the order cannot be attributed to a commercial, independent, or professional activity. In contrast, an entrepreneur is a natural or legal person or a legal partnership that places an order for commercial, independent, or professional purposes.

2. Conclusion of Contract

2.1. The purchase contract is concluded with Chumy FlexCo.

2.2. The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalog.

2.3. Illustrations and drawings of the products are only approximate values unless they are expressly specified as a fixed value for the product. The customer accepts minor and objectively justified changes.

2.4. The Provider reserves the right to change the respective range of services at any time.

2.5. Customers can initially place the Provider's products into the shopping cart without obligation and remove them if necessary. By clicking a "Proceed to Checkout" button, or any equivalent formulation, the customer reaches the checkout page where they enter all data relevant for shipping and billing and select the desired payment method. By clicking a "Buy Now" button, or any equivalent formulation, the ordering process is completed and the order is sent to the Provider. Confirmation of receipt of the order will be sent by email immediately after the order has been submitted.

2.6. Submitting the order in the online shop constitutes a binding offer directed at the conclusion of a purchase contract for the goods in the shopping cart at the time the order is transmitted to the Provider. By submitting the order, the customer also recognizes these terms and conditions as solely authoritative for the legal relationship with the Provider.

2.7. Receipt of the customer's order is confirmed by a confirmation email sent by the Provider. This order confirmation merely serves to inform the customer that the Provider has received the order and therefore does not constitute an acceptance of the contract offer by the Provider.

2.8. Acceptance takes place at different times and in different forms depending on the selected payment method:

  • By transmission of an order confirmation by email, whereby the time of receipt of the order confirmation by the customer is decisive.

  • By shipping the ordered goods to the customer, whereby a transmitted shipping confirmation is to be understood as an order confirmation. If no separate shipping confirmation is sent to the customer, the receipt of the goods by the customer is decisive.

    2.9. The customer must ensure that all information provided by them as part of an order, in particular the data necessary for shipping, is accurate, correct, and up to date. The customer must notify the Provider immediately of any changes to this information.

    2.10. The Provider shall transmit an electronic invoice to the customer after the conclusion of the contract. The customer agrees to receive an electronic invoice.

3. Prices

3.1. The prices listed at the time of the order apply to the customer's order. All prices stated are gross prices and include the statutory value-added tax. The gross price does not include shipping costs. These will be charged additionally. Additional costs will be billed separately.

4. Terms of Payment

4.1. The following payment methods are available in the Provider's shop:

  • Credit Card (MasterCard, Visa)

  • PayPal

  • Apple Pay

  • Instant Transfer (Sofortüberweisung)

    4.2. Payment processing is carried out via the payment service provider Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter: "Shopify Payments").

    4.3. The individual payment methods offered via Shopify Payments (e.g., credit card, Apple Pay, instant transfer) are communicated to the customer in the seller's online shop. For processing payments, Shopify Payments uses the technical service provider Stripe Technology Europe, Limited, 1 Wilton Park, Wilton Place, Grand Canal Street Lower, Dublin 2, D02 FX04, Ireland.

    4.4. As part of payment processing, personal data and information about your order are transmitted to Shopify Payments. Data is transferred solely for the purpose of payment processing. Further information on data protection from Shopify Payments can be found at: https://www.shopify.com/legal/privacy as well as specific information on Shopify Payments here: https://www.shopify.com/legal/terms-payments-de.

    4.5. If a payment method offered through the payment service provider PayPal is selected, payment processing is carried out via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal").

    4.6. If the customer selects a payment method offered via PayPal, the data entered by the customer during the ordering process will be transmitted to PayPal. The use of PayPal may require the opening of a PayPal account or identification as a guest.

    4.7. Further information on payment processing and PayPal's terms of use can be found at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. Data protection information regarding data processing by PayPal can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacy-full.

    4.8. Shipping costs depend on the order and are displayed by the Provider before the order is placed and in the order confirmation.

    4.9. Payment of the purchase price is due upon conclusion of the contract.

5. Terms of Delivery

5.1. Shipping costs are added to the stated product prices. Shipping costs depend on the order and are displayed by the Provider before the order is placed and in the order confirmation.

5.2. The shipping methods specified by the Provider in the online shop are available to the customer.

5.3. Delivery is made exclusively by shipping. Self-collection is only possible at on-site sales events. In this case, no shipping costs apply.

5.4. The Provider is entitled to make partial deliveries and provide partial services. Any costs arising from this will be borne by the Provider.

5.5. If the customer defaults on accepting the products, the warranty period for the Provider's performance begins to run.

5.6. If the goods are not accepted by the customer, the Provider may sell the goods to a third party after a period of two weeks and hold the original customer liable for any loss incurred.

5.7. The delivery dates stated by the Provider are based on the information provided by the commissioned shipping service provider. The period for delivery of the products to the customer is a maximum of 30 days from the conclusion of the contract, unless another delivery date is specified for the respective products.

5.8. Should the goods not be deliverable due to force majeure or product discontinuation, or if the Provider cannot procure the ordered products under reasonable conditions, and if these circumstances occurred after the conclusion of the contract and are not the responsibility of the Provider, the Provider shall be released from the delivery obligation. Should events occur that make delivery significantly more difficult or impossible for the Provider – for example, strikes, lockouts, official orders, or the like – the Provider is not responsible for delays, even in the case of bindingly agreed periods and deadlines.

5.9. If the customer exercises their right of withdrawal, they shall bear the direct costs of returning the goods.

6. Transfer of Risk

6.1. For consumers, the risk of unpredictable loss and accidental deterioration of the ordered goods passes to the consumer upon delivery to the consumer or a recipient designated by them. This applies regardless of whether shipping is insured or not. In all other cases (entrepreneurs), the risk of unpredictable loss and accidental deterioration of the ordered goods passes to the buyer upon handover, or in the case of a sale involving carriage, upon delivery of the goods to the forwarder or the person or institution otherwise designated to carry out the shipment.

7. Retention of Title

7.1. For consumers, the Provider retains ownership of the purchased item until full payment of the invoice amount. For entrepreneurs exercising a commercial or independent professional activity, a legal entity under public law, or special public-law funds, the Provider retains ownership of the purchased item until all outstanding claims from the business relationship with the purchaser have been settled. The corresponding security rights are transferable to third parties.

8. Default of the Provider

8.1. If the Provider defaults on its performance, the customer must first request the Provider to provide the performance within a reasonable grace period of two weeks. If the Provider does not perform within this period, the customer may withdraw from the contract or continue to demand performance.

9. Warranty/Defects

9.1. The Provider provides a warranty within the framework of statutory provisions. For complaints, the contact form via the website https://www.chumy.world/pages/contact must be used.

9.2. The Provider may request that the customer send the defective products to it, if this is feasible for the customer, whereby the Provider shall bear the risk of shipping as well as the costs of the return shipment. The customer is requested to complain about delivered goods with obvious transport damage to the delivery service and to inform the Provider of this. Failure to do so has no effect whatsoever on their warranty claims.

10. Limitation of Liability

10.1. The liability of the Provider for damage caused by slight negligence, excluding personal injury and main contractual performance obligations, is excluded. Liability is also excluded for pure financial loss, loss of profit, third-party damages, indirect damages, and consequential damages. The liability-limiting or liability-excluding provisions of this Section 10 do not apply if and to the extent that gross negligence or intent exists on the part of the Provider.

10.2. If the customer asserts claims against legal representatives and vicarious agents of the Provider, the aforementioned exclusion of liability also applies in favor of these representatives and vicarious agents.

11. Choice of Law & Jurisdiction

11.1. The contractual relationship between the Provider and the customer shall be governed by the law of the Republic of Austria. Excluded from this choice of law are the mandatory consumer protection regulations of the country in which the customer has their habitual residence. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

11.2. The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the Provider is the registered office of the Provider, provided that the customer is a merchant, a legal entity under public law, or a special public-law fund.

11.3. The customer may only offset claims against claims of the Provider if the claims have a legal connection with the Provider's claims, have been recognized, or have been legally established.

Cancellation Policy

Information on the Right of Withdrawal The term "Rücktrittsrecht" commonly used in Austria corresponds to the term "Widerrufsrecht" (Right of Withdrawal) commonly used in Germany and used in the Consumer Rights Directive. Therefore, the synonymous phrase "Right of Withdrawal (Right of Cancellation)" is used. In this cancellation policy, only the term "Right of Withdrawal" is used. This is synonymous with the Austrian term "Rücktrittsrecht".

Exclusion of the Right of Withdrawal (Right of Cancellation) * The right of withdrawal (right of cancellation) does not apply to goods made to customer specifications or clearly tailored to personal needs.

  • The right of withdrawal (right of cancellation) does not apply to goods that are liable to deteriorate or expire rapidly.

Expiry of the Right of Withdrawal (Right of Cancellation) * The right of withdrawal (right of cancellation) expires early for goods that are delivered sealed and are not suitable for return due to health protection or hygiene reasons, if they have been unsealed after delivery.

  • The right of withdrawal (right of cancellation) expires early for goods that, after delivery, according to their nature, have been inseparably mixed with other items.

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the final goods.

To exercise your right of withdrawal, you must inform us:

Chumy FlexCo Stuwerstraße 35/3, 1020 Vienna, Austria Email: support@chumy.world by means of a clear statement (e.g., a letter sent by post or an email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us.

The goods must be in their original condition (unopened). The deadline is met if you send back the goods before the period of fourteen days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Model Withdrawal Form

If you wish to withdraw from the purchase contract, please fill out this form and send it back either by post or email.

To: Chumy FlexCo Stuwerstraße 35/3, 1020 Vienna, Austria Email: support@chumy.world I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)

Ordered on (*)/received on (*): ______________________________

Name of consumer(s): ______________________________

Address of consumer(s):

First and Last Name: _____________________________

Street, House Number: ______________________________

Postal Code, City: ______________________________

Signature of consumer(s):

Date: ___________________

Signature: ______________________________

(*) Delete as appropriate.

12. Data Protection

The regulations of our Privacy Policy apply to data protection.

13. Miscellaneous

The customer is obliged to inform the Provider immediately in writing of any changes to their name, address, or a change of residence. If the customer fails to do so, they shall be liable for damages and any written communication and delivery made to the customer at the last known address shall be deemed to satisfy the requirements of effective delivery.

14. Severability Clause

Should any provision of these general terms and conditions be invalid, the validity of the remaining provisions shall not be affected.