General Terms and Conditions (GTC) for the purchase of our products or business interaction with The Ardore DS e.U.

The Ardore DS e.U.

David Schmauser

Hauptstraße 120, 2122 Münichsthal

Austria

Email: info@theardore.com

+43 681 842 834 77

(hereinafter referred to as „TheArdore“)

 

These GTC apply to all orders and interactions made via our online shop at www.theardore.com.

Status: March 2025

Preamble

The purpose of TheArdore’s website is to present handmade leather and latex clothing and accessories to users of this site (potential customers/buyers) and to offer them the opportunity to discover and purchase these products via TheArdore’s online shop. These General Terms and Conditions (GTC) serve to define the conditions of sale of the products presented on the site and regulate the reciprocal rights and obligations of the parties.

When using the site, users/customers undertake to comply with these GTC, which apply to all services and content on TheArdore’s website. The user recognises these GTC in full and unconditionally before any use of the site and its services.

Purchases made via the online shop are concluded directly between TheArdore and the buyer. All legal relationships and the conclusion of purchase contracts with TheArdore are subject to these General Terms and Conditions.

The Ardore reserves the right to amend the GTC at any time if this is necessary due to legal, jurisdictional, editorial, functional and/or technical requirements. The authoritative version of the GTC is the version that is accessible and available for download on the website www.theardore.com at the time of use by the user

Scope

These General Terms and Conditions (GTC) apply to all contracts, deliveries and other services between The Ardore (hereinafter ‘Seller’) and its customers (hereinafter ‘Customer’) and apply exclusively, unless otherwise agreed in writing. The contractual partner is:

The Ardore DS e.U.

David Schmauser
Hauptstraße 120,2122 Münichsthal (Austria)
info@theardore.com
+4368184283477

Conflicting or deviating terms and conditions of the customer shall not be recognised unless the seller has expressly agreed to them in writing. Our General Terms and Conditions shall also apply if we carry out the delivery to the customer without reservation in the knowledge of conflicting or deviating terms and conditions of the customer.

If the customer is an entrepreneur (hereinafter referred to as ‘entrepreneur’), our GTC in their respective version shall also apply as a framework agreement for future contracts with the same customer, without us having to refer to them again in each individual case. In this case, we shall inform the customer immediately of any changes to these GTC.

These GTC are aimed at consumers and companies who purchase products from our range or from us.

Conclusion of Contract

The products presented in the online shop do not constitute a legally binding offer, but rather an offer of a product for ordering. By sending an order, the customer submits a binding offer. Acceptance is effected by confirmation by e-mail or dispatch of the goods.

Storage and Printing Options of the General Terms and Conditions / Contract Language

The customer can download, save or print the General Terms and Conditions from our website at any time. To open the PDF file, the free Adobe Reader programme (at www.adobe.de) or comparable programmes that support the PDF format are required.

The contract languages are German and English. In the event of contradictions, the German language shall take precedence.

Prices and Payment Terms

All prices are quoted in euros (€) and include statutory value added tax, if applicable. Additional shipping and packaging costs are shown separately.

Payment can be made in euros.

We accept the payment methods that are displayed in the order process.

Payment is due immediately, unless otherwise agreed. Certain payment methods may incur additional fees, which will be displayed during the ordering process.

Additional customs duties, taxes, fees and similar costs may be incurred for purchases from abroad and deliveries abroad, in particular outside Europe, which are not part of the prices shown and are to be borne by the customer. The customer must inform himself accordingly, e.g. with the local customs authorities.

VAT refund

It is noted that TheArdore currently falls under the small business regulation (Kleinunternehmerregelung) and therefore no VAT is due.  In the event that the relevant turnover figures are exceeded, and VAT therefore has to be charged, the following regulations apply.

Third countries outside the EU: In accordance with the statutory provisions, export deliveries to third countries outside the EU internal market are exempt from VAT. If a buyer takes the object of purchase abroad himself, he must provide security in the amount of the VAT, which will be refunded to him as soon as he submits the export/acceptance certificate to the Company.

EU internal market: If the buyer is an entrepreneur in the sense of VAT law who legitimately uses his VAT number issued by the country of residence in the EU, the purchase/delivery remains VAT-free, provided that the delivery is subject to import VAT in the buyer’s country. However, the buyer must provide security in the amount of the VAT, which will be refunded as soon as the correct VAT number is received by TheArdore. If the VAT number subsequently proves to be incorrect, TheArdore is entitled to withdraw from the purchase contract.

Delivery and Retention of Title

Delivery shall be made on the customer’s written instructions and at the customer’s expense to the address specified by the customer. If delivery is not possible (e.g. wrong address), the customer shall bear the cost of redelivery.

TheArdore may determine the mode and means of dispatch at its own careful discretion and assumes no obligation to provide the fastest or cheapest dispatch. Upon request, however, the delivery costs to the desired delivery location with the selected mode of transport will be determined for the customer.

In the event that a product selected for purchase is not available, TheArdore is entitled to withdraw from the contract. In this case, the customer will be informed immediately that the product is not available. If the customer has already paid for the goods, the corresponding amount will be refunded immediately. If a product is not available, there is no entitlement to delivery. 

Delivery times are specified individually. Products that are available are usually dispatched within 7 days. 

In cases of force majeure, the delivery time shall be extended accordingly. Force majeure includes strikes, lockouts, official interventions, energy and raw material shortages, transport bottlenecks through no fault of our own, operational hindrances through no fault of our own, e.g. due to water, machine damage, fire and all other hindrances which, from an objective point of view, have not been culpably caused by us. If such an event occurs, the customer will be informed immediately. In the event that the impediment to performance in the aforementioned cases persists for a period of more than 4 weeks after the originally applicable delivery times, the customer shall be entitled to withdraw from the contract. Further claims, in particular for damages, do not exist.

In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the consumer or a recipient designated by the consumer upon delivery of the goods. This applies irrespective of whether the dispatch is insured or not. Otherwise, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer upon handover, in the case of sale by dispatch upon delivery of the goods to the carrier or other person or institution designated to carry out the shipment.

Returns to TheArdore shall be at the expense and risk of the sender. Unauthorised returns will not be accepted. The sender shall bear the costs and risk for the subsequent return shipment.

The customer can only demand the handover/delivery of the purchased item against full payment of the purchase price.

Ownership of the goods shall remain with the seller until full payment has been made. TheArdore is entitled to withdraw from the contract if the buyer defaults on payment of the purchase price. If the object of purchase is handed over before the purchase price has been paid in full, the customer is obliged to treat the object of purchase carefully and with care until the transfer of ownership and to protect it from damage or loss.

The customer must notify TheArdore of any access by third parties to the reserved goods immediately after becoming aware of it.

Right of Withdrawal (for Consumers)

In accordance with the Austrian Distance and Off-Premises Selling Act (FAGG), consumers have a right of cancellation of 14 days from receipt of the goods. The cancellation must be declared in writing or by e-mail. The right of cancellation does not apply to custom-made or personalised products. The customer bears the return costs.

Set-off and Retention

The buyer may only offset undisputed, legally established or expressly recognised claims against TheArdore.

The buyer’s rights of retention are excluded unless they are based on the same contractual relationship.

Delay

Default of payment:

If the buyer defaults on payment of the purchase price or an agreed purchase price instalment, TheArdore shall be entitled to charge default interest at a rate of five percentage points above the base interest rate per annum. If the buyer is an entrepreneur, the default interest rate is eight percentage points above the base rate. TheArdore may also claim further damages and is entitled to demand immediate payment of all outstanding instalments.

Default of acceptance:

The buyer is in default of acceptance if he does not accept the ordered goods within the contractually agreed period or at the latest 30 days after a delivery offer from TheArdore. In this case, TheArdore is entitled to store the goods at the expense and risk of the buyer and, if necessary, to insure them.

Grace period and cancellation:

If the buyer is in default of payment or acceptance, TheArdore is entitled to withdraw from the purchase contract after a reasonable grace period. In this case, TheArdore may claim damages, in particular if the goods are resold. In this case, the buyer must compensate for a possible reduction in proceeds, while he is not entitled to any additional proceeds.

Warranty and Liability

The statutory warranty rights shall apply unless otherwise stipulated below. In the event of defects, the customer must inform the seller immediately. A return or reduction of the purchase price is only possible in the case of significant defects. The seller accepts no liability for damage caused by improper handling or natural ageing.

(1) Warranty

The statutory warranty rights apply. Please note that special care and handling requirements apply to latex & leather clothing and care products due to the nature of the material. Defects caused by improper care or use are not covered by the warranty.

The respective illustrations on the website are subject to change. No guarantee is given for minor deviations of the delivered goods from those shown. In the case of latex and leather products, slight deviations in colour shade compared to samples and other surface quality are technically unavoidable. Furthermore, deviations in presence may occur. Such deviations do not justify a complaint. Colour differences, image trimming or colour shifts between the images and the products also do not constitute defects.

Claims for compensation for damage of any kind, including damage that has not occurred to the goods, shall only exist in the following cases

– in the event of wilful breach of duty by TheArdore;

– in the event of a grossly negligent breach of duty or in the event of an intentional or grossly negligent breach of duty by TheArdore or its legal representatives or vicarious agents;

– in the event of injury to life, limb or health resulting from a negligent breach of duty by us or an intentional or negligent breach of duty by our legal representative or vicarious agent;

– in the event of culpable breach of essential contractual obligations, insofar as the fulfilment of the purpose of the contract is jeopardised, with regard to the foreseeable damage typical for the contract;

– in the case of defects that have been fraudulently concealed or whose absence we have guaranteed.

In all other respects, further claims for damages are excluded.

(2) Liability

The seller’s liability is limited to intent and gross negligence. In the event of slight negligence, the Seller shall only be liable for breach of material contractual obligations, whereby liability shall be limited to typical, foreseeable damage.

(3) Care instructions

The correct care and handling of latex clothing is essential for the durability of the products. We strongly recommend that you follow the care instructions on the website (www.theardore.com) to avoid damage to the material. We accept no liability for damage caused by improper care.

(4) Exclusion of liability for third-party products

We accept no warranty or liability for products offered or sold by third parties.

Special features customised products

The following conditions apply to customised garments and accessories that are individually made to customer specifications:

– The entire purchase price including shipping costs must be paid in advance.

– If no payment is made within 14 days of receipt of the order, the order will be cancelled.

– The production of the ordered customisation will only begin after full payment has been received. The details of the customisation will be agreed with the customer in person, by telephone or by video conference.

If the customer submits their own templates or designs (e.g. logos, motifs) for production, they warrant that they have the corresponding rights of use. The Ardore assumes no liability for possible infringements of third-party rights and reserves the right to reject orders if they violate applicable law or third-party rights.

As customised products are individual items, consumers also have no right of cancellation.

Copyrights

The designs, product images and content shown on The Ardore website are protected by copyright. With the purchase of a product, the customer acquires only the physical ownership, but no rights of use or exploitation, unless this has been expressly agreed in writing.

The customer is not entitled to reproduce, duplicate, or imitate the purchased products or their designs, either by themselves or through third parties. Any use or exploitation beyond personal use requires explicit written permission from The Ardore. Violations will be pursued legally.

The Ardore reserves the right to depict sold products in promotional materials, on social media, or in other publications.

Intellectual Property:
The Ardore guarantees that all presented designs and products have been created by the respective authors and do not infringe upon third-party rights. In the event of third-party claims, The Ardore agrees to protect the buyer under the statutory warranty for legal defects. Despite the sale of a product, the moral rights of the authors, as well as the rights associated with the depiction, remain with the respective designer or manufacturer.

Retention of Title

The goods remain the property of The Ardore until full payment has been made. The buyer is obligated to treat the goods with care until the transfer of ownership. In the event of resale, the buyer assigns any claims arising from the resale to The Ardore.

Data Protection

The processing of personal data is carried out in accordance with the General Data Protection Regulation (GDPR). The seller commits to treating customer data confidentially and not disclosing it to third parties. (See www.theardore.com).

Final Provisions

If any provisions of these GTC are or become invalid, the validity of the remaining provisions shall remain unaffected.
For the interpretation of these terms and conditions, the German version shall prevail.
Austrian substantive law applies exclusively, excluding the conflict-of-law rules and the UN Sales Convention.
The court of jurisdiction is the seller’s registered office, unless mandatory legal provisions dictate otherwise. For contracts concluded for purposes not related to the professional or commercial activity of the Buyer (contract with a consumer), this choice of law applies only to the extent that the mandatory protection granted to the consumer under the laws of the country where the consumer resides is not undermined.

Date: 25.03.2025