Our terms and conditions are standard agreement terms. They are valid for all purchases via the Mühlbauer online shop.
1. Validity and Terminology
The following terms and conditions are applicable for the business relationship between Mühlbaur Hut und Mode GmbH & Co KG, Vienna (hereafter called “Mühlbauer”, “vendor” or “us/we”) and the consumer (“you”) at the time the order is placed. Any discrepancies or other general terms of agreement and/or conditions of the consumer are, irrelevant of their description, explicitly contradicted, unless we accept them specifically and in writing.
Specific agreements with the consumer in individual cases (including amendments and additions and/or alterations) always have priority over our general terms and conditions of sale. Any amendment of, and addition to, as well as the rescission of these terms and conditions must be in writing in order to be valid. The same applies to any waiver of this written-form requirement.
2. How the contract is formed between you and us
The Mühlbauer website is merely an invitation to the consumer to place an order to buy a Product. The email order confirmation sent to you does not yet lead to a contract of sale (“Contract”). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us. The Contract applies after the delivery of the Products, this is the declaration of acceptance. Products that are not delivered do not result in a Contract.
Slight discrepancies in colour when compared to the Products shown on the website are possible and due to technical conditions.
Mühlbauer does not accept orders from customers under the legal age of 18.
An order is only possible when all the fields marked with a * have been completed. If there is information missing, or Mühlbauer cannot supply the order for other reasons, you will receive an error message. You have the opportunity of amending your order before the final dispatch of the Products. You receive additional necessary information directly during the order process. As soon as the order has been completed, you will be notified via an information window “your order is completed and has been successfully dispatched”. This does not yet constitute an acceptance by the consumer.
3. Order Confirmation
Your order details are saved. If you wish, you may print out an „Order Confirmation“. This appears on your screen after you have placed the order by pressing the “Send Order” button and your payment details have been checked successfully. You are also sent an email to the given address when the order has arrived at Mühlbauer. This information does not yet constitute an acceptance of the order.
4. Costs and Postal Charges
All prices are in EURO.
4.1. Transport Charges
The transport charges incurred by sending the goods to the customer will be paid for by Mühlbauer, regardless whether the address is within the European Union or not.
The customer will not be charged for the transport of the goods to a non-EU country (= third party country, e.g. Switzerland, USA, Japan...). However the customer will have to pay for all taxes, fees and other costs incurred from importing the goods. Any foreign bank charges arising from the transaction will also have to be paid for by the customer.
These taxes, fees and other charges incurred by importing the goods will NOT be reimbursed should the goods be returned.
4.2. Returns charges
Within the European Union (Germany, Italy, France...) goods can be returned free of charge; Mühlbauer will carry all costs regarding the return.
To return a product, please contact our online shop team (onlineshop@muehlbauer.at). You will then receive the appropriate returns form per email.
Customers from a country outside the European Union (= third party country, e.g. Switzerland, USA, Japan...) must organise the return of the product themselves (by post or other distributor) and carry all costs incurred.
5. Delivery, Delivery Period, Product Availability, Dispatch
Mühlbauer will manufacture the hat model or models for you as ordered, in line with your specifications (size, colour etc.). Accordingly, delivery periods will be between 2 and 4 weeks. Based on experience, the delivery period for models made of felt and straw will be about 2 weeks; for models made of cloth, knitwear, fur and faux fur it will be about 4 weeks. Mühlbauer delivers to the given address
If at the time of your order, the Product chosen cannot be manufactured, or cannot be manufactured within the delivery period indicated, and accordingly cannot be delivered, or cannot be delivered within the delivery period indicated, due to the required raw material not being available or for any other production-related reasons, or if Mühlbauer is not able to observe the delivery periods indicated due to force majeure or for any other reasons beyond the company's sphere of responsibility, you will be informed immediately by Mühlbauer.
At the same time Mühlbauer will inform you of a new delivery date as is reasonable according to circumstances. If the Product is still not available in this new delivery period, Mühlbauer can partially or completely withdraw from the Contract. Any pre-payments will promptly be refunded by Mühlbauer. If the delay is not acceptable to you, you can cancel your Order by notifying Mühlbauer in writing immediately (by fax or email).
If you have ordered several Products, Mühlbauer might send you these in several separate deliveries. Mühlbauer will inform you of this course of action before dispatch. If part of your order is currently not available or permanently unavailable, this part of your Order will be cancelled. Only the Products available will be listed in the Order Confirmation. Thus a Contract does not result from unavailable Products in the Order.
The dispatch occurs with the most cost effective mode of dispatch, with GLS or via The Post Office, or, if specifically requested by the consumer, with EMS. The danger of damage is transferred to the dispatcher, and then, after you have accepted the products from the dispatcher, to you. If you receive goods visibly damaged by transport, you can claim your right to return the goods.
6. Returns
You can cancel your contract up to 14 days after receiving the products without citing a reason by notifying us in writing (letter, fax, email) or by returning the products to us. It is satisfactory if you notify us (in writing) of your intention to return the products to us within this period. If you wish to return part or all of your order a partial or full refund will only be paid when the products have arrived at Mühlbauer in their original, undamaged state.
The returns must be sent to the following address:
Mühlbauer Hut und Mode GmbH & CO KG
Online-Shop
Am Hafnersteig 2-4
1010 Vienna
Austria
Please note, you must take reasonable care of the products whilst they are in your possession and, when returning products to us, you must ensure that they are in the same condition they were in when you received them (i.e. unworn, with all labelling intact and in their original packaging). If you fail to comply with this obligation, we may have a right of action against you for compensation. This also applies if any accessories or other parts are missing.
There is no right of return if the original label was removed from the product, as Mühlbauer assumes that, in this case, the product has been accepted.
Refunds must be completed within 30 days. For the customer this period begins after dispatching the products or the request of return, for Mühlbauer with receipt of the returns.
Should the customer return the goods from a non-EU country (third party country) freight collect, Mühlbauer is within its rights to retain the relevant fee or issue an invoice to the customer.
7. Our Liability
If there is a defect in the Product you have the right to ask for a supplementary performance (new delivery or removal of defect). Mühlbauer is authorised to refer the consumer to a new delivery, if removal of the defect would mean a disproportional outlay.
Commercial or technically unavoidable, material aberrations on quality, colour, size, finishing, or design of the Product are irrelevant. You have no right of return for such or other unavoidable deviations. Otherwise you must clearly state and prove why the deviation is considerable to you. You have no right of return if you have altered the Product in any way and the defect was the result of such an action.
You have the right to guarantee claims by giving the order number, your name and address as well as a short description of the reason in an email to: onlineshop@muehlbauer.at , by telephone: +43 1 533 52 69 or by post to the following address:
Mühlbauer Hut und Mode GmbH & CO KG
Online-Shop
Franz-Josefs-Kai 15
1010 Vienna
Austria
You must send your Product to Mühlbauer for examination if requested to do so. Mühlbauer will cover costs and is liable for the product during this process. Please send it to the following address:
Mühlbauer Hut und Mode GmbH & CO KG
Online-Shop
Am Hafnersteig 2-4
1010 Vienna
Austria
Please use the original packaging for the return. If the Product is made of various separate parts, please return it to its condition of delivery.
8. Reservation of Property Rights
Until complete payment of the sale price the delivered Products remain the property of the Mühlbauer. You must notify us immediately in writing if the Products have been pledged, confiscated or other interventions by a third party, and inform the third party of the reservation of property rights of the seller.
9. Payment
You can pay for your order by credit card or bank transfer. Mühlbauer will only accept the payment type declared in the order process.
All payments and credits are transacted in EURO. Our partner for secure online payments is mPAY24 GmbH (www.mPAY24.com).
10. Data processing, Protection of Data Privacy
You agree that the following private information, namely name, surname, address, and if applicable, different delivery address, as well as email address can be saved and used for processing present and future orders. All your personal data will be handled with utmost care and confidentiality by Mühlbauer.
Further information regarding customer data protection can be found in the DATA PROTECTION DECLARATION.
11. Law and Jurisdiction
All Contracts and Agreements between the consumer and Mühlbauer will be governed by Austrian Law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. Place of execution is Vienna/Austria.
If individual terms in these terms and conditions of sale are or should become invalid, the effectiveness of the rest of the regulations remains unchanged. Instead of the invalid term, its appropriate corresponding term according to Austrian Law becomes effective.
12. Supplier Identification
Mühlbauer Hut und Mode GmbH & CO KG
Franz-Josefs-Kai
1010 Vienna
Austria
Telefon: +43 1 533 52 69
Fax: +43 1 533 52 69 23
E-Mail: onlineshop@muehlbauer.at
Represented by the Management:
Mag. Klaus Mühlbauer
Place of Jurisdiction:
Vienna, Austria
FN 241944a
VAT-ID Number:
ATU57532003
Bank Details:
Volksbank Wien AG
Franz-Josefs-Kai 13
1010 Vienna
Austria
Bank identification code: 43000
Account: 42502223011
IBAN: AT34 43000 42502223011
BIC: VBWIATW1