§ 1 Subject
(1) These general terms and conditions shall apply to the purchase of products via the website kapitanthebrand.com by users falling within the definition of “consumers” pursuant to § 1 KSchG [Consumer Protection Act].
(2) This website is the property of and managed by KAPITAN Wear GmbH, Zeltgasse 14/8, 1080 Vienna, Austria (hereafter: KAPITAN).
(3) The parties of purchases made via this website are KAPITAN and the customer. KAPITAN will process the purchase contracts concluded via this website through We Ship Fulfillment GmbH with its registered office at Frikusweg 108141 Premstätten, Graz / Austria (hereinafter: We Ship). We Ship is not a party to these purchase contracts, but will, among other things, provide logistical services for the performance of the contract.
(4) Any communication by the customer in connection with and/or in relation to the purchase of the products, including any notifications, claims or requests concerning the purchase and/or delivery of the products or exercising the right to cancel, etc., shall be sent to We Ship at the addresses set out on their website https://www.weship.eu/impressum and in accordance with the procedure also set out on this website and to the e-mail address hello@kapitanthebrand.com.
(5) All purchases are regulated by the general terms and condition of sale published on this website at the time the order is submitted by the contract.
§ 2 Closing of Contract
(1) The presentation of goods on the website and the possibility to order the same shall not be interpreted as a binding offer on KAPITAN’s part. 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 his order. An automatic confirmation of receipt will then be sent by email to the customer. This confirmation shall not be deemed acceptance of such offer. A purchase contract shall only be concluded when the product is shipped to the customer or the order is confirmed separately in a further email. The text of the contract will not be saved electronically. Customers can access the contract text via logging into their account.
(2) In the event of spelling, printing or arithmetic errors, KAPITAN reserves the right to rescind the contract. The actual colours of a product may deviate from the colours on the photos.
(3) Orders may only be placed by persons who are at least 18 years of age.
§ 3 Prices, Shipping Costs and Import Duties
(1) The prices of the items are indicated in the currency of the country selected. If local currency is not offered, the currency will default to Euro. All prices are shown inclusive of VAT (in the EU, UK and Switzerland).
(2) Shipping costs are displayed in the “Shipping and Delivery” section of https://kapitanthebrand.com/shipping/ and in the course of the order process.
(3) Import duties shall only accrue for deliveries to countries outside the EU. The amount of import duties depends on local legislation and cannot be indicated. Possible customs duties or import charges are not generally included in the shipping cost and must be borne by the customer. Further information can be found at https://kapitanthebrand.com/shipping/.
§ 4 Payment
Payment methods are displayed in the checkout process once the delivery address has been entered.
§ 5 Withdrawal
(1) Right of withdrawal
The customer has the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which the customer, or a third party other than the carrier and indicated by the customer acquires, physical possession of the goods. In the case of a contract relating to multiple goods ordered in one order and delivered separately or in the case of a contract relating to delivery of a good consisting of multiple lots or pieces the withdrawal period will expire after 14 days from the day on which the customer acquires, or a third party other than the carrier and indicated by the customer acquires, physical possession of the last good or the last lot or piece.
To exercise the right of withdrawal, the customer must inform
KAPITAN Wear GmbH, Zeltgasse 14/8, 1080 Vienna, Austria, e-mail: hello@kapitanthebrand.com
of the customer’s decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). The customer may use the attached sample withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for the customer to send the customer’s communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
(2) Effects of withdrawal
If the customer withdraws from this contract, KAPITAN shall reimburse to the customer all payments received from the customer, excluding the costs of delivery, without undue delay and in any event not later than 14 days from the day on which KAPITAN is informed about the customers decision to withdraw from this contract and has received the returned products. KAPITAN will carry out such reimbursement using the same means of payment as the customer used for the initial transaction, unless the customer has expressly agreed otherwise. Return shipping costs have to be paid by the customer. Return shipping costs will either be paid directly by the customer when sending the return package or if a prepaid return slip was provided by KAPITAN, the return shipping cost will be deducted from the refund amount. In the case that the same means of payment as used for the initial transaction is not available for the reimbursement (e.g. cash on delivery) the reimbursement will be carried out via bank transfer to a bank account named by the customer. The customer will not incur any fees as a result of such reimbursement, other than the aforementioned shipping costs.
The customer shall send back the goods or hand them over to:
KAPITAN Wear GmbH, Zeltgasse 14/8, 1080 Vienna, Austria
without undue delay and in any event not later than 14 days from the day on which the customer communicates the customers withdrawal from this contract to KAPITAN. The deadline is met if the customer sends back the goods before the period of 14 days has expired. KAPITAN may withhold reimbursement until KAPITAN has received the goods back or the customer has supplied evidence of having sent back the goods, whichever is the earliest.
The return fees and method are displayed on https://kapitanthebrand.com/returns/
The customer is 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. If there is a withdrawal from the purchase of a gift card, only the unredeemed amount will be refunded. It is not necessary to redeem gift cards even partially for establishing the nature, characteristics and functioning of the gift card.
(3) Please note:
A right to withdrawal does not exist for
the supply of goods made to the consumer’s specifications or clearly personalized (e.g. flocked or printed shirts or tricots made to order),
the supply of sealed audio or sealed video recordings or sealed computer software (e.g. CDs, DVDs, Blu Rays) which were unsealed after delivery,
the supply of goods which are liable to deteriorate or expire rapidly,
the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications,
the provision of services related to leisure activities if the contract provides for a specific date or period of performance (e.g. tickets).
(4) Withdrawal form
The customer may complete and return this form in case of a withdrawal. In any case, a withdrawal form should include the following information and be sent to the following address.
To:
KAPITAN Wear GmbH, Zeltgasse 14/8, 1080 Vienna, Austria, e-mail: hello@kapitanthebrand.com
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)
Signature of consumer(s) (only if this form is notified on paper)
Date
(*) Delete as appropriate.
§ 6 Delivery
(1) Deliveries shall be made to the delivery address specified by the customer.
(2) If delivery or another service is permanently impossible due to force majeure, a performance obligation on KAPITAN’s part shall be excluded. Any payments already received shall be refunded forthwith.
(3) The shipping times are displayed in the ‘Shipping’ section kapithanthebrand.com. KAPITAN 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. In the exceptional event that an item cannot be delivered, KAPITAN 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 KAPITAN until complete payment.
§ 8 Statutory rights of buyer in the case of defects
In case of defects of the delivered products the statutory rights of the buyer in the case of defects are applicable.
§ 9 Liability
(1) Any compensation claims are excluded in cases of minor negligence. This restriction does not apply for injury to life, body and health.
(2) Personal liability of the legal representatives, vicarious agents and employees of KAPITAN shall be excluded.
§ 10 Data Protection
Information about the method, scope and location of collection, processing and utilization of the customer’s personal data can be found in the Privacy Declaration.
Additionally, the following comes into effect: KAPITAN transmits the customers’ personal data (name, address and – if applicable – email-address and date of birth) to We Ship for the purpose of processing the purchase. The legal basis for these transfers is Art. 6(1)(b) GDPR.
§ 11 Governing Law
The order and any litigation resulting from the order and from order processing shall be governed by Austrian law except for the United Nations Convention on Contracts for the International Sales of Goods (CSIG). This Clause does not affect any statutory rights as a consumer.
The European Commission offers the opportunity to settle disputes via an online platform operated by the European Commission. The customer may access this platform via this external link http://ec.europa.eu/consumers/odr/. KAPITAN does not take part in dispute settlement procedures before consumer arbitration boards.
§ 12 Severance / Written Form
(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.
(2) Any amendments to these general terms and conditions must be made in writing.
(3) These general terms and conditions are available in multiple languages. In the case of any divergence, the German version shall prevail.
§13 Contact Information
KAPITAN Wear GmbH, Zeltgasse 14/8, 1080 Vienna, Austria
e-mail: hello@kapitanthebrand.com
CEO: Paul Schuch
Register number: FN 598153m, Register Court: Handelsgericht Wien
VAT number: ATU79186612