Terms and Conditions
(Version: July 2016)
- SCOPE OF APPLICATION
Only the current version of the following Terms and Conditions in force at the time of the order apply to the business relationship between COBBLER24 GmbH (FN 447717h), Grosse Stadtgutgasse 7/27, 1020 Vienna, (hereinafter ‘COBBLER24‘) and the customer. These can be saved or printed out by the customer.
- CONTRACTUAL PARTNER
The customer’s supplier and contractual partner as well as the media holder is
COBBLER24 GmbH (‘COBBLER24’) – www.cobbler24.eu
Grosse Stadtgutgasse 7/27
Tel: +43 (1) 375 00 22
Company object Services in the shoemaking and locksmith trades, trading with all nature of goods
Commercial Register number: FN 447717h
Commercial Register Court: Vienna Commercial Court
VAT ID no.: ATU70461813
Only consumers in the sense of the Austrian Consumer Protection Act (KSchG) or, as may apply, similar laws in their respective country of residence are regarded as customers. Only consumers in the stated sense are served under this service.
The customer states expressly that it will only use the website www.cobbler24.eu as intended. The unlawful use of the website, such as unauthorised manipulations, improper input of details, unauthorised input of details by third parties etc. give rise to claims for compensation by COBBLER24 against the customer with regard to losses incurred by COBBLER24 due to the improper use.
- REQUIREMENTS FOR USE AND REGISTRATION
3.1 When entering its personal details for registration the customer is responsible for doing so truthfully and in full. It is obliged to treat its personal access details as confidential and not disclose them to unauthorised third parties. Registration is confirmed immediately after sending it by clicking on the ‘Registration’ button. By registering on the platform the customer opens a user account, which is assigned a user number and used for all future services. No costs are associated with registration.
3.2 The customer is responsible for the personal protection and security of the password and the username used. The customer is also responsible for all activities performed on the website with its username or password.
3.3 If the customer suspects that someone has used its password or account without its knowledge or consent, it is to notify customer service (support(at)cobbler24.eu) immediately.
3.4 The customer is to refrain from any disruption to the website or ongoing use of the available data outside of the intended use within the platform. Membership entitles use of the online product as available as well as only for use of the content for its own private, non-commercial purposes.
3.5 Changes to contact details (such as address, telephone number and/or email address) are by no later than the next order to be either updated via the user account, or otherwise provided to COBBLER24 in writing by fax, email or post.
3.6 Each customer is only entitled to maintain one customer account at the same time. COBBLER24 reserves the right to delete multiple registrations and warn or terminate members who breach the provisions under point 3, or as may apply delete or amend content (online housekeeping). This also applies in the event of the unlawful use of the website, in particular unauthorised manipulations, incorrect input of details, unauthorised input of details by third parties etc.
- ENTERING INTO THE AGREEMENT
Displaying the services in the online store represents a non-binding invitation to treat as opposed to a legally binding offer. By clicking the ‘Send Order’ button the customer places a binding order for the services contained in the basket (‘Offer’). Receipt of the order by COBBLER24 is confirmed immediately after the order is sent and still does not represent acceptance of the contract by COBBLER24. COBBLER24 can accept the customer’s order within one or two working days by emailing an order confirmation.
4.2 Ordering by the customer
The order by the customer represents a binding offer to COBBLER24 to enter into a service contract. COBBLER24 is entitled to reject offers without providing reasons. The customer is to be advised of this. Orders may only be placed for normal household quantities.
During the ordering process on the website, COBBLER24 will request the customer to state if it would like early performance of the repair (i.e. before expiry of the cancellation period) and to clarify that in this event it may forfeit its right to cancel or, as may apply, it may be that its payment is only reimbursed proportionately (8.2).
As soon as the ordering process on the www.cobbler24.eu website has been completed by pressing the ‘Send Order’, the customer is notified by a ‘Your Order Is Complete And Has Been Successfully Sent’ info window.
4.3 Order confirmation
A customer placing an order on www.cobbler24.eu receives an email from COBBLER24 to the address provided by it confirming receipt of the order and setting out the details. This order confirmation still does not represent any acceptance of the offer by COBBLER24, but is aimed at informing the customer that the order has been received.
4.4 Contract acceptance / shipping label
COBBLER24 can accept the customer’s order within one to five working days by emailing an order confirmation (together with the shipping label).
Should successful performance of work/production not be possible due to reasons beyond the control of COBBLER24, it is not included in the order confirmation and no contract is entered into. Any consideration provided by the customer is reimbursed immediately, and no later than within 30 days.
4.5 Full particulars
The customer is exclusively responsible for providing in full all details required for the order. COBBLER24 accepts no liability for incomplete or incorrect details. The customer is able to view and check a summary of the details by means of the ‘Check Order’/’Control Window’ screen provided for this purpose before completing the order (4.2).
4.6 Typing or printing errors
Where the order confirmation contains typing or printing errors, or where the representation and setting of prices for services or products offered online are subject to transmission errors of a technical nature, COBBLER24 is entitled to challenge them. When challenging, COBBLER24 must evidence the mistake to the customer. In this event, payments already made by the customer are reimbursed immediately.
- PROCESSING REPAIRS
5.1 Sending the goods to COBBLER24
Together with the order confirmation the customer receives by email a prepaid shipping label for sending the goods to be repaired to COBBLER24. The goods can be sent by DHL or DPD and are to be handed over by the customer at an appropriate collection point for shipment.
The customer is responsible for properly packing the goods to be repaired in a transportable box. If the goods are not complete and the customer only partially sends them to COBBLER24, it is possible that additional delivery costs may be incurred and the return shipment may be delayed.
The goods to be repaired are photographed before and after all restoration work and the photos are used internally to provide a benchmark for repair standards.
Where the customer does not arrange for the goods to be sent to COBBLER24 within a reasonable period, COBBLER24 has a statutory right to cancel in accordance with Article 1168 (2) of the Austrian Civil Code.
Once the goods are received by COBBLER24 the customer receives email confirmation.
5.2 Performing the work
COBBLER24 checks the goods on receipt with regard to the repairs required by the customer. COBBLER24 will contact the customer immediately in the event of uncertainties or repair recommendations. The work is performed immediately on receipt of the goods where the customer has requested COBBLER24 in the order (4.2) to commence the repairs immediately. On completion of the repairs and production of the contractually agreed outcome owed by COBBLER24, the customer is emailed an automatic message.
5.3 Problems with the supply of materials
Without COBBLER24 being responsible, supply difficulties may affect COBBLER24’s suppliers being unable to perform (on time) their contractual obligations. In this event, COBBLER24 is entitled to cancel with regard to the customer. In any event, COBBLER24 will inform the customer immediately of this and without delay reimburse any consideration paid in advance.
5.4 Maximum performance period
Time-critical supply bottlenecks cannot be ruled out, not only due to problems with the supply of materials, but also as a result of the high quality requirements of the materials to be used. All work offered by COBBLER24 is subject to particularly strict quality criteria and controls.
Where possible the order is performed immediately after receipt of the goods to be repaired by COBBLER24. In any event, the repaired goods are returned within 21 working days (calculated as of receipt of the goods by COBBLER24). COBBLER24 will notify the customer without delay where performance is not possible within this timeframe and immediately reimburse any consideration already paid by the customer.
Exceptions are special orders or the processing of special footwear material (such as crocodile- or snakeskin), and in these cases COBBLER24 will inform the customer separately of the expected duration by email. COBBLER24 also reserves the right to reject the order where the material to be processed is outlawed under Austrian law.
- STORAGE AND DATA PROTECTION
COBBLER24 only stores data required in the course of business. It goes without saying that all personal data is handled in confidence. Customers can find out more in the separate Data Protection Policy
- DELIVERY & SHIPPING COSTS
7.1 Delivery costs
The fixed prices stated in the offer at the time of ordering apply to shipments within Austria and the European Union. The stated prices are final prices, i.e. they include the respective valid statutory VAT and other pricing components.
Fixed prices are charged with every order regardless of the price or the number of shoes or, as may apply, footwear accessories. The customer is clearly informed of the respective shipping costs due on the product pages, in the basket, and on the ordering page.
7.2 Returning accessories
Where footwear accessories (e.g. shoe cream) are returned, the customer bears the transport costs provided the value of he returned goods does not exceed €90.00. Where the value of the returned goods is in excess of €90.00, COBBLER24 bears the transport costs if the return is labelled with the return slip provided by COBBLER24. In the event of ‘freight collect’ or ‘self-franked packages’ not furnished with the return slip, the customer bears additional costs arising. More precise information about the process can be found by the customer in the ‘Return Item’ field under Customer Accounts.
7.3 Delivery address
The repaired goods are delivered within 21 working days as of receipt of the goods by COBBLER24 to a delivery address provided by the customer or, alternatively (where requested by the customer) to a DHL or DPD collection point. The goods are only delivered within the European Union.
Goods are invariably always delivered to the country from where they were sent (5.1). Providing the same country is involved, delivery is possible to different towns or, as may apply, to different addresses. Where different countries are involved, delivery may only be made by COBBLER24 with the details of both countries being provided on ordering as well as payment of double the delivery costs by the customer.
7.4 Date of shipping the goods and transfer of risk
The goods are shipped once the outcome has been obtained and payment received. The risk of loss of or damage to the goods is transferred on delivery to the customer.
Where the goods are delivered to somewhere other than the place of performance, risk is transferred to the customer on handover to the carrier, shipper or other individual specified for performing carriage, if the customer itself has entered into a transport agreement without having availed itself of a shipping option offered by COBBLER24.
7.5 Nature of delivery
Delivery is by DHL or DPD. Delivery can be made on any working day (Monday to Friday excluding public holidays) during normal business hours. Only one attempt at delivery is made.
COBBLER24 only delivers via shipment. The goods cannot unfortunately be collected.
7.6 Unsuccessful delivery attempt
Where delivery to the customer is not possible, for example because the customer is not at the delivery address provided by it, or the delivery address is invalid, the customer bears the costs for the unsuccessful delivery and any further deliveries.
7.7 Request for inspection
For the purpose of faultless and quick processing, the customer is requested to open the goods immediately on receipt and inspect them for completeness and any damage. COBBLER24 requests that any claims are directed to the COBBLER24 contact address stated under point 2. These requests to the customer do not reduce the warranty rights available to the customer.
7.8 Delays in delivery
Delivery may be delayed in individual cases by force majeure or other adverse effects. Force majeure equates in particular to strikes, lock-outs, intervention by the authorities, transport bottlenecks beyond our control, operating restrictions beyond our control such as fire, flooding and damage to machines, and all other impediments that COBBLER24 is not responsible for when considered objectively. The customer is informed without delay of the start and end of such obstacles. Where the temporary obstacle to performance lasts for more than four weeks after the originally agreed delivery date, the customer is entitled to cancel the order. Further entitlements, in particular to compensation, do not exist.
- RIGHT TO CANCELLATION AND CANCELLATION INSTRUCTION
8.1 Right to cancellation
The customer has a fourteen-day right to cancellation.
8.2 Cancellation instruction – shoe repairs
The customer is invariably entitled to cancel a distance selling agreement verbally, by email or by post within 14 days without providing reasons.
The following provisions apply to orders for repairing shoes.
The period commences on the day the contract is entered into, i.e. the day on which COBBLER24 emails the order confirmation (together with the shipping label) (4.4). This day is not included in the period.
The punctual, unambiguous declaration or, as may apply, sending of the message regarding exercising the cancellation right before expiry of the cooling-off period is sufficient for safeguarding it. The customer may use the cancellation form [insert link] provided by COBBLER24, but is not obliged. The cancellation is to be sent by post to COBBLER24 GmbH, Grosse Stadtgutgasse 7/27, 1020 Vienna, or by email to support(at)cobbler24.eu.
In the event of cancellation, COBBLER24 returns all payments received from the customer including delivery costs (with the exception of additional costs resulting from the customer having selected a type of delivery other than the more favourable standard delivery offered by the seller) without delay and no later than within fourteen days as of the day on which COBBLER24 received notification of the contract being cancelled.
COBBLER24 uses the same payment method for this refund as used by the customer for the original transaction unless otherwise expressly agreed. In no event will fees be charged for the refund.
Where the goods have already been sent to COBBLER24, it will return them without delay and in any event no later than within fourteen days as of the day on which the customer cancels the contract to the address set out by the customer in the order. The customer is to bear the direct costs for returning the goods itself.
In this event COBBLER24 reserves the right to offset delivery costs already paid with the costs for returning.
The customer forgoes its right to cancellation if before expiry of the 14-day cooling-off period it requires COBBLER24 to commence the repairs and COBBLER24 undertakes the repairs in full before expiry of this 14-day period.
In this event, COBBLER24’s customer will not be reimbursed any costs.
Furthermore, if the customer requests COBBLER24 to commence the repairs before expiry of the 14-day cooling off period and cancels the contract before completion of the repair work, it shall pay the proportion of the costs incurred by COBBLER24 up to that point.
In such cases where a proportion of the costs are to be paid by the customer, COBBLER24 reserves the right to offset the reimbursement to be paid to the customer with these costs.
8.3 Cancellation instruction – purchase of accessories
The customer is invariably entitled to cancel a distance selling agreement verbally, by email or by post within 14 days without providing reasons.
The following provisions apply to the purchase of goods (accessories such as shoe cream).
The period commences on the day on which the customer or a third party nominated by it other than the carrier takes possession of the goods. The punctual, unambiguous declaration or, as may apply, sending of the message regarding exercising the cancellation right before expiry of the cooling-off period is sufficient for safeguarding it. The customer may use the cancellation form provided by COBBLER24, but is not obliged. The cancellation is to be sent by post to COBBLER24 GmbH, Grosse Stadtgutgasse 7/27, 1020 Vienna, or by email to support(at)cobbler24.eu.
In the event of cancellation, COBBLER24 returns all payments received from the customer including delivery costs (with the exception of additional costs resulting from the customer having selected a type of delivery other than the more favourable standard delivery offered by COBBLER24) without delay and no later than within fourteen days as of the day on which COBBLER24 received notification of the contract being cancelled.
COBBLER24 uses the same payment method for this refund as used by the customer for the original transaction unless otherwise expressly agreed. In no event will fees be charged for the refund. COBBLER24 is entitled to refuse repayment until receipt of the goods or evidence of return by the customer.
Damage to and soiling of the goods is to be avoided. Returns are to be made in the original packaging and with all parts of the packaging. Where the original packaging is no longer available, the customer is to use suitable packaging to protect the goods from damage during transport.
Where the customer is unable to return the goods and benefits (e.g. benefits of use), or only able to do so partially or in a deteriorated state, it is to pay corresponding compensation. Compensation is only to be paid where the wear or deterioration to the goods is to such an extent extending beyond the inspection of the properties and operation.
The customer is to return or hand over the goods to us without delay, and in any event within fourteen days of the day on which it notifies COBBLER24 of this contract being cancelled to COBBLER24 GmbH, Grosse Stadtgutgasse 7/27, 1020 Vienna. The deadline is met if the customer dispatches the goods before the fourteen-day deadline expires. The customer is to bear the direct costs for returning the goods to COBBLER24 itself.
The offers and prices apply exclusively within the European Union and only for private individuals.
The prices quoted on the website at the time of ordering apply. The prices quoted on the product pages include the applicable statutory VAT, but do not include shipping costs and fees shown separately. Invoicing is in euros. Errors and price changes possible.
COBBLER24 reserves the right to change the prices quoted on the website at any time.
Where complications arise when performing the work that were not foreseeable for COBBLER24 and are to be charged to the customer, COBBLER24 is entitled to proportionately increase the price, in which case it is to inform the customer without delay.
- DUE DATE AND PAYMENT
The customer undertakes to make payment in full of the price by means of the payment options listed on the website in accordance with Appendix 1 when making payment.
The services provided and deliveries made by COBBLER24 based on these Terms and Conditions do not provide entitlement to input tax deduction in the sense of the Austrian VAT Act (UStG).
In the event of payment arrears the customer undertakes to make good reminder fees of up to EUR 15.00 per reminder letter as well as any collection charges, however up to a maximum of the provisions in accordance with the maximum rates of the collection institute charging payment (Federal Gazette I 1996/141 as amended) as well as arrears interest at the statutory rate.
COBBLER24 is entitled to payment if performance of the work is prevented by circumstances for which the customer is responsible or, as may apply, the customer rejects performance of the work after the contract is entered into. Where complications arise when performing the work that were not foreseeable for COBBLER24 and are to be charged to the customer, COBBLER24 is entitled to proportionately increase the price.
In the event of the website being updated and associated changes to prices and offers of performance, all previous prices and other details about goods no longer form part of the offer by COBBLER24. The version in force at the time of the order applies.
- REDEMPTION OF GIFT VOUCHERS
Gift vouchers for sale to the customer on this website may be redeemed for COBBLER24 products on this website. However, they may not be used to purchase further gift vouchers.
Gift vouchers and credits may only be redeemed before the ordering process is completed. Gift vouchers and credits may not be subsequently credited.
The purchase of a gift voucher can only be cancelled by COBBLER24 if the voucher has not yet been redeemed. A gift voucher is regarded as redeemed if it has been charged to an order or credited to the credit account.
Where the value of a gift voucher is insufficient for the order, the difference may be settled by the payment options offered.
The credit for a gift voucher is neither paid in cash, nor has interest paid on it. The gift voucher is non-transferable. Using the voucher for commercial purposes is not permitted. The reproduction, editing or manipulation of vouchers is also not allowed. COBBLER24 does not accept liability in the event of vouchers being lost, stolen or illegible where COBBLER24 is not responsible. In addition, COBBLER24 does not accept liability in the event of the voucher recipient’s email address being incorrect.
Offsetting by the customer is only possible if its counterclaims have been set out in law or expressly acknowledged in writing by COBBLER24.
Where the goods are defective, COBBLER24 is obliged to remedy the defect. The warranty exists for 24 months, where the customer is to prove for six months that the defect already existed at the time of handover.
In the event of repairs to footwear, COBBLER24 is invariably only responsible for the quality of the repair and the associated materials used, as well as the completeness and appropriate packaging of the goods returned to the customer.
Where subsequent performance has failed, the customer is entitled to opt to cancel the contract or demand a reduction in price.
The customer has no entitlement under warranty if the goods provided by it for repair are clearly unsuitable, or instructions provided by it are clearly incorrect or, as may apply, unsuitable, and COBBLER24 has complied with its duty to warn. Where COBBLER24 is responsible for failing to comply with its duty to warn, but the customer is nevertheless at fault in providing unsuitable goods or incorrect or, as may apply, unsuitable instructions, the customer is obliged to contribute in the event of a warranty claim (= ‘shared warranty’).
- LIABILITY EXCLUSION FOR TECHNICAL PROBLEMS
COBBLER24 is not responsible for external content to which COBBLER24 has only provided access for use.
This also applies to losses caused by force majeure or interventions by the customer or third parties, in particular due to unlawful changes to the COBBLER24 website.
In particular, COBBLER24 is therefore also not liable for losses due to temporary or permanent technical problems and/or outages in the operation of the www.cobbler24.eu website, email traffic or other technical facilities (such as interruption to data transfer, loss of data, security flaws etc.).
All instructions regarding the packaging of goods and enclosures are to be observed. COBBLER24 accepts no liability for any use and/or handling that deviates from them.
Claims for compensation in the event of minor negligence against COBBLER24 are excluded. This does not apply to injuries or product liability claims. COBBLER24 is not liable for lost profit or other financial losses by the customer.
The customer has no entitlement to compensation if the goods provided by it for repair are clearly unsuitable, or instructions provided by it are clearly incorrect or, as may apply, unsuitable, and COBBLER24 has complied with its duty to warn.
COBBLER24 accepts no liability where goods are delivered with obvious damage due to transport. In particular, COBBLER24 is not liable for collecting and delivering the goods to be repaired. In this event the customer is to claim against the respective deliverer. The customer may also contact COBBLER24 to inform it.
- INTELLECTUAL PROPERTY RIGHTS
The intellectual property rights for the COBBLER24 website, including its layout and content, in particular all documents, elements and programs are exclusively with COBBLER24 or, as may apply, its suppliers and may not be reproduced, distributed, edited or disclosed without prior written consent.
The reproduction or other use of published documents is only permitted for information purposes or personal use. Any other reproduction or other use is expressly forbidden. Links on the COBBLER24 website are not permitted without COBBLER24’s prior consent.
COBBLER24 holds all rights to video material made available by COBBLER24 to the user on this website, therefore this may not be reproduced or otherwise used without consent.
Where content on this site was not created by COBBLER24, third-part copyright is observed. In particular, third-party content is identified as such. Where nevertheless the customer becomes aware of a breach of copyright, it can send a corresponding message to support(at)cobbler24.eu. Such content will be removed immediately by COBBLER24 in the event of breaches being identified.
- LINKS TO THIRD PARTY WEBSITES
The website may contain links to third-party websites. Due to a lack of possibilities for controlling and influencing, COBBLER24 is unable to control the content of these websites and is therefore not responsible for them and the security or conduct of the operator. Notwithstanding this, any liability of COBBLER24 with regard to any links is particularly excluded if these websites or their content:
- breach intellectual property rights;
- contain incorrect, incomplete or misleading information;
- are not suitable for a specific use or specific purpose;
- do not demonstrate the required security;
- contain viruses or other harmful programs;
- contain offensive or defamatory material.
COBBLER24 provides a recommendation for neither the content nor any products or services offered on these sites. The customer establishes or activates a link to these websites at its own risk.
- GOVERNING LAW
Austrian law with exclusion of the United Nations Convention on Contracts for the International Sale of Goods applies to all legal matters resulting from or in connection with this contract, including the matter of its validity and its pre- and after-effects.
- ALTERNATIVE DISPUTE RESOLUTION & ONLINE PLATFORM
In accordance with Article 3 of the Austrian Dispute Resolution Act, COBBLER24 shall refer the consumer, if no agreement is reached in a dispute, to the relevant body for alternative dispute resolution, hereinafter AD body in short, on paper or by means of another permanent data carrier (e.g. email).
The AD bodies provided for COBBLER24 are:
Schlichtung für Verbrauchergeschäfte (Arbitration for Consumer Affairs)
In a specific dispute, COBBLER24 will notify the customer of whether it will take part in proceedings.
The European Commission provides a platform for Online Dispute Resolution (ODR) under the following link: http://ec.europa.eu/consumers/odr/ Customers who are consumers have the option of using this platform for resolving disputes.
- CHANGES TO THE TERMS AND CONDITIONS
COBBLER24 reserves the right to amend these Terms and Conditions at any time. Changes to the Terms and Conditions are published on www.cobbler24.eu and apply as of this time to any further use of the online store by the customer.
- SEVERABILITY CLAUSE
Individual provisions of these Terms and Conditions being or becoming invalid or unenforceable does not affect the validity of the remaining provisions of the Terms and Conditions.
These invalid or, as may apply, unenforceable provisions are regarded as replaced by enforceable provisions that come as close as possible to the commercial purpose intended by the parties.
The above provisions apply accordingly where the Terms and Conditions prove not to cover all matters.
- MISCELLANEOUS PROVISIONS
This contract is subject exclusively to Austrian law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. Protection afforded to the customer by mandatory provisions of the law of the state in which the customer usually resides are not affected by this.
The place of performance is regarded as Vienna. Sole jurisdiction lies with the competent court for Vienna, Innere Stadt. Additional jurisdiction for consumers in the sense of the Consumer Protection Act lies with the competent court covering the consumer’s respective place of residence.
Any gender-specific expressions used in the T&Cs apply equally to males and females.
We do our best to ensure that the information on the website is complete, correct and up to date. Despite our efforts, information on the website may nevertheless be inaccurate, incomplete or out of date. If you have any comments or questions about the information on the site, please contact our customer service department.
Should you have any questions, you can also email us at: support(at)cobbler24.eu
[Appendix 1 – payment options]
The following payment options are available to the customer: Credit card, bank transfer (advance payment), PayPal, cash on delivery etc.