General Terms & Conditions
Our General Terms and Conditions are pre-formulated contractual conditions. They are valid for purchases in the Mühlbauer online shop.
1. Scope and definitions
For the business relationship between Mühlbauer Hut und Mode GmbH & Co KG, Vienna, (hereinafter referred to as "Mühlbauer" or "Seller") and the customer (hereinafter referred to as "Customer"), the following General Terms and Conditions shall apply exclusively in the version valid at the time of the respective order. Any conflicting or other general terms and conditions and/or other terms and conditions of the Customer are expressly rejected, irrespective of their designation, unless the Seller expressly agrees to their validity in writing.
Individual agreements made with the Customer in individual cases (including ancillary agreements, supplements and/or amendments) shall in all cases take precedence over the Seller's General Terms and Conditions. A written contract and/or the written confirmation of the Seller shall be authoritative for the content of such agreements. This also applies to the waiver of this written form requirement.
2. Conclusion of contract / possibility of correction
The Internet pages of Mühlbauer only represent an invitation to the Customer to submit offers for the conclusion of a purchase contract for the presented goods. The order confirmation sent to the Customer by email does not yet lead to a purchase contract. This only takes place with the delivery of the goods, which constitutes the declaration of acceptance. No contract is concluded for goods that are not delivered. Mühlbauer reserves the right to refuse the conclusion of the contract, the decision on this is at the free discretion of Mühlbauer.
Minor colour deviations of the goods displayed on the website are due to technical reasons.
Mühlbauer does not accept orders from Customers who have not yet reached the age of 18.
An order is only possible if all mandatory fields marked with * in the order form are correctly filled in. If information is missing or if Mühlbauer cannot fulfil the order for other reasons, the Customer will receive an error message. Before the final submission of the order, the Customer is given the opportunity to correct his/her order. The Customer receives supporting information directly in the course of the ordering process. As soon as the order process is completed, the Customer is notified by an information window "Your order is completed and has been successfully sent". This does not yet constitute acceptance of the Customer's offer.
3. Order confirmation
The Customer's order data will be stored. If the Customer wishes a printout of his order, he/she has the possibility to print an "order confirmation". This appears on the Customer's screen after he/she has sent the order to Mühlbauer by pressing the "Send order" button and his payment data has been successfully checked. In addition, the Customer will be notified of the receipt of his order via the e-mail address provided by him/her, once the order has been received by Mühlbauer. This notification does not yet represent an acceptance of his offer.
4. Price and delivery costs
All prices are given in EURO.
4.1 Delivery costs
The costs for shipping the goods to a customer address in an EU country (e.g. Germany, Italy, France, Denmark ...) are borne by Mühlbauer.
For the shipment or transport of the goods to a non-EU country (= third country, e.g. Switzerland, USA, Japan ...) Mühlbauer will charge the customer EUR 20,--. In addition, the customer must bear any customs duties, fees and charges levied on import. Any foreign bank charges are also to be borne by the customer.
The customs duties, fees and charges paid by the Customer or handling charges of the carrier will NOT be refunded to the Customer in the event of a return of the goods.
4.2 Costs for return shipment
The customer must initiate the return shipment (by post or another sender of his choice) himself/herself and bear the costs for it.
5. Delivery, delivery periods, availability of goods, shipment
Mühlbauer manufactures the ordered hat model(s) according to the Customer's specifications (size, colour, etc.) for the Customer. For this reason, delivery times of approximately two weeks are to be expected.
If, at the time of the Customer's order, the product selected by the Customer cannot be manufactured due to unavailability of the required raw material or for other production-related reasons and therefore cannot be delivered or cannot be delivered within the specified delivery period, or if Mühlbauer cannot meet the specified delivery periods due to force majeure or for other reasons for which it is not responsible, Mühlbauer will inform the Customer of this immediately.
At the same time, Mühlbauer will determine a new delivery period for the Customer that is reasonable according to the respective circumstances. If the goods are also not available within the new delivery period for reasons for which Mühlbauer is not responsible, Mühlbauer can withdraw from the contract in whole or in part. Mühlbauer will immediately reimburse the Customer for any consideration already paid. If the Customer cannot reasonably be expected to accept the delivery due to the delay, he/she can withdraw from the contract by immediately informing Mühlbauer in text form (i.e. in writing, by fax or e-mail).
If the Customer has ordered several articles, Mühlbauer may send these in several separate deliveries. Mühlbauer will inform the Customer about this before dispatch. If some of the goods ordered by the Customer are temporarily or permanently not available, this part of the order will be cancelled. Only those parts of the order that are actually available will be mentioned in the shipping confirmation. This means that a contract is only concluded for the available goods listed in the dispatch confirmation. However, a contract is not concluded for unavailable parts of the order.
The goods will be dispatched by post.
The risk of damage will pass to the Customer when the goods are handed over to the carrier, otherwise when the Customer is in default of acceptance. If the Customer receives goods that have obviously been damaged in transit, he/she may exercise his/her right of return.
6. Right of withdrawal
Customers may withdraw from the contract in writing (e.g. letter, fax, email) within 14 days of receipt of the ordered goods without stating reasons or by returning the goods. It is sufficient if the declaration of withdrawal is sent within the specified period. In the event of withdrawal, a full or partial refund of the purchase price shall only be made concurrently with the return of the goods received from the Customer.
The goods must be returned to the following address:
Mühlbauer Hut und Mode GmbH & CO KG
Am Hafnersteig 2-4
The Customer has to return the goods in an unused condition and resalable as new and in the original packaging. For items that are impaired by signs of use, Mühlbauer will charge an appropriate fee for the reduction in value. The same applies if accessories or parts are missing when the goods are returned.
There is no right of return if the original label has been removed from the goods, as in this case Mühlbauer must assume that the Customer has accepted the goods. The Customer uses the enclosed return slip as well as the return sticker for the return.
Obligations to refund payments must be fulfilled within 30 days. The period begins for the Customer with the dispatch of the goods or the return request, for Mühlbauer with the receipt.
If the customer returns the goods freight collect, Mühlbauer is entitled to retain or invoice a corresponding amount.
If the goods are defective, the Customer is entitled to demand subsequent performance (new delivery or rectification of defects). However, Mühlbauer is entitled to refer the Customer to a new delivery if the removal of the defect would involve disproportionate effort.
Customary or technically unavoidable, material-related deviations in the quality, colour, size, equipment or design of the goods are irrelevant. There shall be no right of withdrawal in the case of such or other insignificant defects. The Customer shall be at liberty to prove that the said deviations are significant for him/her. The Customer shall have no warranty rights if he/she has modified the goods and the defect was caused thereby.
The Customer shall assert the warranty claim, stating the order number, his/her name and address and briefly stating the reasons, by email: email@example.com , by telephone: +43 1 533 52 69 or by post to the following address:
Mühlbauer Hut und Mode GmbH & CO KG
At the request of Mühlbauer, the Customer shall send the defective goods for inspection at the expense and risk of Mühlbauer to the following address:
Mühlbauer Hut und Mode GmbH & CO KG
Am Hafnersteig 2-4
The Customer shall use the original packaging for the return. If the goods consist of several individual parts, the Customer shall restore the delivery condition.
8. Retention of title
The goods delivered shall remain the property of the Seller until the purchase price has been paid in full. The Customer is obliged to inform the seller immediately in writing in the event of seizure of the goods or other interventions by a third party, and to inform the third party of the Seller's retention of title.
Customers can pay for their order with Mühlbauer by credit card or bank transfer via their online bank account. Mühlbauer only accepts the payment methods displayed to the Customer during the ordering process.
All payments as well as credit notes are processed exclusively in EURO. Mühlbauer's partner for secure online payments is Unzer Austria GmbH. (https://www.unzer.com/de/).
10. Data processing, data protection
The Customer agrees that the following personal data, namely surname, first name, address, a possibly deviating delivery address, as well as an e-mail address are stored and processed for the current and future order processing in the Mühlbauer online shop. The personal data of the Customer, which becomes known to Mühlbauer in the course of a business relationship, is treated confidentially.
For further information on the protection of customer data, please refer to the DATA PROTECTION DECLARATION.
11. Choice of law, effectiveness
Austrian law shall apply to all contracts and agreements between the Customer and Mühlbauer, excluding the UN Convention on Contracts for the International Sale of Goods. The place of performance is Vienna/Austria.
Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, the relevant statutory provisions shall apply.
12. Provider Identification
Represented by the management:
Place of jurisdiction:
Value added tax identification number:
Volksbank Wien AG
IBAN: AT34 4300 0425 0222 3011