Part (A) – General Part
1. Scope and Deadlines
1.1 The business processing and delivery is exclusively subject to the general terms and conditions which are all based on the contracts concluded on the basis of offers on the internet shop website CataleaFashion.com. The following terms and conditions that are contrary or deviating from the provisions do not apply. The following terms and conditions apply only if we were aware of conditions that were contrary to or deviating from the following business conditions which unreservedly implement the delivery and performance.
1.2 Where reference is made in these general terms and conditions to “entrepreneur”, these are natural or legal persons or companies, for whom the business is part of the operation of their company. The distinction is drawn between consumers and entrepreneurs in the meaning of the Austrian Consumer Protection Act (KschG). “Customers” in the sense of these general terms and conditions of business are both consumers and entrepreneurs.
1.3 If work days are specified as deadlines, these are understood as including all days of the week with the exception of Saturdays, Sundays and public holidays.
2. Registration on www.CataleaFashion.com
2.1 When entering your personal data required for the registration, you are responsible for providing true and complete information. You are obligated to treat the personal access data confidentially and not to make them accessible to unauthorised third parties. Confirmation of the registration follows immediately after the submission of the application by clicking on the button “Register free of charge” or “Register”.
2.2 You may not disrupt the web pages or use the accessible data outside of the intended use of the respective platform. Tampering with the aim of obtaining unauthorised payments or other advantages to our detriment can, in addition to legal consequences, result in the loss of access. The registration shall entitle you to the use of the online offer in the respective availability and solely for the use of the content for your own purposes.
2.3 Each customer is only entitled to one customer account at the same time. We reserve the right to delete multiple applications and to warn or cancel customers who infringe the provisions mentioned in this regard in point 2.1 to 2.2 above, or to remove or modify content (virtual house right).
2.4 We are not obliged to accept the registration, order request or order of a registered customer. We are not obliged to keep our offer permanently available. Already confirmed orders remain unaffected.
3. Storage Options and Access to Contract Text
3.1 You can view our general terms and conditions on the internet shop website under conditions at www.CataleaFashion.com
You can also print this document or save it by using the normal function of your internet browser.
3.2 In addition, you can also simply archive your order data by downloading either the General Terms and Conditions and saving the data summarized on the last page of the order process in the internet shop with the aid of the features of your browser or wait for the order confirmation, which we will send you after completing your order. This order confirmation also contains your order data and can easily be printed or saved with your e-mail program.
3.3 Your order data are stored by us, but cannot be directly retrieved by you for security reasons. We offer each customer a password-protected direct access (“User Account”). Here, on corresponding registration, you can manage and save data about your completed, open and recently sent requests/orders and view your address data, any number data and a possible newsletter.
4. Language and Conclusion of Contract
4.1 Contracts for articles offered under www.CataleaFashion.com can currently only be concluded in German, or in English on request.
4.2 By clicking the button “Send order request”, you are submitting a non-binding order request for the articles in the basket. The confirmation of receipt of the order request follows immediately after the order request is sent
4.3 A binding contract is only concluded with the adoption of our offer created on the basis of your order request.
4.4 Please note that the delivery of the ordered goods in advance (Reservation) is only done after the full amount is paid to our account. If your payment has not been received by us, despite being due even after another prompting, by 7 calendar days after dispatch of the order confirmation, we will withdraw from the contract, and your order will lapse and we will have no delivery obligation. The order has therefore ended for you and for us without any further consequences. The article is therefore reserved for a maximum period of 7 calendar days if an advance payment is made.
5. Extension of delivery times
The delivery time shall be extended appropriately in the event of adverse circumstances due to force majeure. Force majeure includes strikes, lockouts, official interventions, shortage of energy and raw materials, transport bottlenecks for which we are not liable, unintentional operation interference for example by fire, water and damage to the machine and all other impediments that have, in objective terms, not been culpably caused by us. We will inform you immediately at the start and end of such impediments.
6. Applicable law; Court of Jurisdiction
6.1 For all legal business or other legal relations, the applicable law is that of the Republic of Austria. The UN Sales Law (CISG), and any other intergovernmental convention, even after their transfer to Austrian law, shall not apply.
6.2 In business transactions with merchants and legal persons under public law, the place of jurisdiction for all legal disputes arising from these terms and conditions and from individual contracts concluded under their validity, including exchange and cheque complaints, is the business headquarters of the IFA GmbH (Salzburg). In this case we are also entitled to submit claims at the domicile of the customer.
7. Amendments to the General Terms and Conditions
We are entitled to unilaterally change these general terms and conditions – insofar as they are implemented in the contractual relationship with the customer – to the extent necessary to eliminate subsequently emerging disruptions of equilibrium or to adapt to changes in the legal or technical framework conditions. When an adaptation is made, we will inform the customer by communicating the content of the revised rules and regulations. The change becomes an integral part of the contract, if the customer does not object within six weeks after receipt of the notification of change to its inclusion in the contract relationship toward in written or text form.
8. Severability Clause
Should individual provisions of the contract including these provisions be or become wholly or partially invalid, or should the contract exhibit an unforeseen gap, the validity of the remaining provisions or parts of them shall not be affected. The ineffective or missing regulations shall be replaced by the respective legal regulations.
Part (B) – Ordering CataleaFashion Articles
1. Contractual Parties
When you order CataleaFashion articles, your exclusive contract partner is IFA GmbH, Moosfeldstraße 1 / OG / A8 in A-5101 Bergheim bei Salzburg.
2. Prices, Shipping Costs and Express Shipping
The prices listed in the offer at the time of the order apply. The indicated prices are net prices, which means that they do not include the applicable statutory value added tax.
The shipping costs are separately specified.
3. Payment, Delivery Times
3.1 In principle we offer the payment methods of cash, cash in advance, credit card, invoice and cheque. For each order, we reserve the right not to offer certain payment methods and to refer to other payment methods.
3.2 In the event of purchase by credit card, your credit card account will be charged on delivery of the order.
3.3 Please note that we only accept payments from accounts within the European Union (EU), with payments from other accounts on request. We do not assume the costs of a cash transaction.
3.4 The purchase price is due for payment for purchases on account, unless otherwise agreed, on the day of receipt of the delivery at the customer. If the payment is not made within 10 days after the due date, the customer is in default. In the event of delay, the statutory interest on arrears will be charged.
4. Complaints and Withdrawal from the Purchase of CataleaFashion Articles
Even with careful examination, there may be a delivery of faulty goods. Such claims will only be accepted within 14 days and must be registered beforehand in writing! “Not satisfied” with the goods is no reason for complaint.
Please understand that we cannot accept any freight forward packages, so the consignment of goods must be paid for sufficiently.
If no subsequent fulfilment (replacement, rework or subsequent delivery) is possible, we offer you a credit for the value of the goods which is only valid with effect from your next order. A refund of the purchase price is not possible.
The complaint period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. To exercise your right to a complaint, you must inform IFA GmbH, email@example.com, by means of a clear declaration (e.g. with a letter sent by mail, telefax or e-mail). We will promptly (e.g. via e-mail) submit a confirmation and coordinate the further procedure with you.
If not agreed otherwise, you must return or hand over the goods immediately but at the latest within fourteen days from the day on which you have informed us about the complaint to IFA GmbH. The period is granted if you send the goods before the expiry of the period of fourteen days. You must bear the cost for the return yourself.
We can refuse subsequent fulfilment or a credit until we have the goods back.
You are only liable for a possible loss of value of the goods if this loss of value results from handling not necessary for checking the nature, characteristics and functioning of the goods.
Withdrawal from Contract
A one-sided “exit” (= withdrawal) is not possible.
The withdrawal from the contract means the dissolution of the contract (cancellation of the mutual obligations) under deferment of services already rendered. A right of withdrawal only exists if it has been expressly agreed or granted by law.
Unwarranted unilateral withdrawal from the contract shall lead to the consequences of default. In the case of justifiable withdrawal, you are entitled to reimbursement of payments already rendered.
5. Reservation of Ownership
We reserve the ownership of all goods delivered by us until full payment of the goods by the customer. The customer is not empowered to pledge the purchase object.
Showroom and Company Headquarters:
IFA GmbH – Brandboxx Salzburg
Moosfeldstraße 1 / OG / A8
5101 Bergheim bei Salzburg
Tel.: +43–(0)664–4328741 (+WhatsApp)
Opening hours: Mon-Thur. 9:00 – 17:00
Friday 9:00 – 13:00
IFA GmbH – MGC Vienna
Modecenterstraße 22 / B / 21
Opening hours: Mon-Thur. 8:00 – 17:00
Friday 8:00 – 14:00
IFA GmbH – MGC Vienna
Catalea Accessoires & Bags
Modecenterstraße 22 / EG / 26
Opening hours: Mon-Thur. 8:00 – 17:00
Friday 8:00 – 14:00
Tel.: (Distribution Center): +43(0)1–7985851
IBAN: AT90 5500 0109 0000 9173
Bank: Hypo Bergheim
Comp. Reg. no.: FN 340637m
Company Register Court: Salzburg Provincial Court
VAT ID: ATU 65560467
Last updated: 26. 2. 2017