Terms of service
1. Scope of application
1.1 The following terms and conditions ("T&Cs") apply to all contracts concluded via the webshop on the homepage friggfactory.com ("Webshop") between Frigg and the customer of Frigg ("Customer").
1.2 The Customer acknowledges these T&Cs and agrees to them as soon as the Customer places an order in the Webshop.
1.3 The inclusion of contractual conditions of the Customer which deviate from these T&Cs is rejected, unless these are expressly acknowledged by Frigg in writing.
2. Conclusion of contract
2.1 The presentation of the products in the Webshop does not represent a binding contractual offer by Frigg. By placing an order the Customer is offering to purchase a product and makes a binding contractual offer.
2.2 In order to contract with Frigg the Customer must be 18 or over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to Frigg. Frigg retains the right to refuse any request/offer made by a Customer.
2.3 When placing an order the Customer undertakes that all details they provide to Frigg are true and accurate, that the Customer is an authorised user of the credit or debit card used to place the order and that there are sufficient funds to cover the cost of the goods.
2.4 Order process:
(i) The Customer selects the product(s) they wish to purchase by clicking on the button "Add to cart".
(ii) By clicking the button "CHECK OUT" next to the goods listed in the shopping cart, the ordering process is continued.
(iii) On the following page, the Customer will be asked to enter contact information and the shipping address.
(iv) After the Customer has entered their contact information and the shipping address, the Customer can select a shipping method and can continue by clicking on the button "Continue to payment".
(v) The Customer then selects the method of payment desired by them and enters the data required for the execution of the payment. When choosing external payment services, the Customer is redirected to the external website of the respective payment service provider.
(vi) Before placing the order, the data relevant to the order is summarized in an "order summary". The Customer is free to check their details in the "order summary" once again and to correct them if necessary before sending his order to Frigg by clicking on the button "Complete order". By clicking on the button "Complete order", the Customer submits a binding offer to purchase the goods selected by them.
2.5 The Customer is obliged to carefully check the data entered in the context of placing the order, both in the Webshop and on external websites of the payment service providers, to ensure that it is correct and complete. The Customer bears the risk that the ordered goods are delivered to another person if such incorrect delivery is caused by the Customer giving an incorrect recipient or an incorrect delivery address.
2.6 Order confirmation
When the Customer places an order, they will receive an acknowledgement e-mail confirming receipt of the order: this email will only be an acknowledgement and will not constitute acceptance of the order. A contract between the Customer and Frigg will not be formed until Frigg sends a confirmation by e-mail that the goods which the Customer ordered have been dispatched to the Customer, which will be sent by Frigg within 14 days after the order confirmation. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed. If Frigg has not sent a confirmation by e-mail that the goods which the Customer ordered have been dispatched to the Customer within 14 days after the order confirmation, the order of the Customer will be deemed as invalid.
2.7 Upon receiving the order Frigg carries out a standard authorization check on the payment card to ensure there are sufficient funds to fulfil the transaction. The card will be debited upon authorization being received. The monies received upon the debiting of the card shall be treated as a deposit against the value of the goods the Customer wishes to purchase. Once the goods have been dispatched and the Customer has been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods the Customer has purchased as listed in the confirmation email.
2.8 Storage of the contract text
The text of the contract, i.e. the customer's details of the order process, are stored by Frigg and can be viewed by the customer with the link provided in the confirmation email.
3. Information concerning the exercise of the right of withdrawal (for consumers only; B2C)
3.1 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 (i) on which the Customer acquires, or a third party other than the carrier and indicated by the Customer acquires, physical possession of the goods or in the case of a contract relating to multiple goods ordered by the Customer in one order and delivered separately 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.
To exercise the right of withdrawal, the Customer must inform Frigg at email@example.com of its decision to withdraw from this contract by an unequivocal statement. The Customer may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for the Customer to send its communication concerning its exercise of the right of withdrawal before the withdrawal period has expired.
3.2 Effects of withdrawal
If the Customer withdraws from this contract, Frigg shall reimburse to the Customer all payments received from the Customer, including the costs of delivery (with the exception of the supplementary costs resulting from Customer's choice of a type of delivery other than the least expensive type of standard delivery offered by Frigg), without undue delay and in any event not later than 14 days from the day on which Frigg is informed about Customer's decision to withdraw from this contract. Frigg 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; in any event, the Customer will not incur any fees as a result of such reimbursement. Frigg may withhold reimbursement until Frigg has received the goods back or the Customer has supplied evidence of having sent back the goods, whichever is the earliest.
The Customer shall send back the goods or hand them over to Frigg (Weyringergasse 21/5-6, 1040, Wien) without undue delay and in any event not later than 14 days from the day on which the Customer communicates its withdrawal from this contract to Frigg. The deadline is met if the Customer sends back the goods before the period of 14 days has expired.
The Customer will have to bear the direct cost of returning the goods.
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.
3.3 Model withdrawal form
Please complete and return this form only if you wish to withdraw from the contract.
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),
(*) Delete as appropriate
3.4 If and to the extent Frigg offers return policies in the Webshop such return policies are offered in addition to the withdrawal right above and shall not in any way restrict such withdrawal right.
4. Pricing, payment methods
4.1 All prices are given in Euro and are total prices; they may include packaging costs and the statutory value added tax (VAT).
4.2 Whilst Frigg tries to ensure that all details, descriptions and prices which appear on this Webshop are accurate, errors may occur. If Frigg discovers an error in the price of any goods which the Customer has ordered, Frigg will inform the Customer of this as soon as possible and give the Customer the option of reconfirming their order at the correct price or cancelling it. If Frigg is unable to contact the Customer at the contact details provided by the Customer Frigg will treat the order as cancelled. If the Customer does not reconfirm their order and cancels it, the Customer will receive a full refund in case the Customer has already paid for the goods.
4.3 Frigg accepts the following payment methods: immediate bank transfer, PayPal and credit card (Visa, Mastercard, American Express) via Stripe.
5. Delivery costs
Delivery costs are not included in the price and will be charged in addition unless otherwise agreed when ordering the goods. Such additional charges are clearly displayed where applicable. The respective valid value added tax is included in the delivery costs.
6. Terms of delivery
6.1 The Customer will be informed of existing delivery restrictions before the ordering process begins.
6.2 Unless otherwise agreed, delivery will be made to the address provided by the Customer.
6.3 The delivery times stated when ordering are only estimates and may vary by up to 5 business days.
6.4 The risk of damage to or loss of the goods is transferred to the Customer as soon as the goods have been handed over to the transport company by Frigg. If the goods are damaged during transport, the Customer must report the damage immediately to the transport company and claim the damage there. The Customer's statutory or contractually agreed warranty rights to Frigg remain unaffected by this provision (see point 8).
6.5 Frigg bears no responsibility in the event of obstacles to delivery in the area of suppliers or manufacturers. If delivery or compliance with an agreed delivery time becomes impossible due to circumstances for which Frigg is not responsible, Frigg is entitled to withdraw from the contract in whole or in part. Frigg will inform the Customer of this immediately. Claims for damages are excluded in this case.
7. Retention of title
Frigg retains title to the item of goods delivered until payment of the purchase price and the delivery costs has been received in full for the respective item of goods.
9. Limitation of liability
9.1 Only if the Customer is a consumer, the following shall apply: Frigg shall be liable to the Customer for the breach of essential contractual obligations – these are obligations the breach of which endangers the achievement of the purpose of the contract or the fulfilment or which makes the proper execution of the contract possible in the first place and on the observance of which the Customer may regularly rely. Insofar as the breach of the obligations was only slightly negligent and did not lead to an injury to life, body or health, the liability shall be limited in amount to the typical foreseeable damage.
9.2 Frigg shall be liable to the Customer (i) in accordance with the provisions of the Product Liability Act, (ii) in cases of intent and gross negligence, (iii) for injury to life, body or health and (iv) if Frigg assumes a guarantee.
9.3 Otherwise, claims for damages against Frigg - for whatever legal reason, in particular due to the breach of duties arising from the contractual obligation by Frigg, its legal representatives, employees or vicarious agents or from unlawful acts - are excluded.
9.4 Insofar as the liability of Frigg is limited or excluded according to the above provisions, this shall also apply to the personal liability of the legal representatives, employees and vicarious agents of Frigg.
9.5 A change in the burden of proof to the disadvantage of the Customer is not associated with the above provisions.
10. Linking to this Webshop
The Customer may link to our Webshop, provided the Customer does so in a way that is fair and legal and does not damage the reputation of Frigg or take advantage of it, but the Customer must not establish a link in such a way as to suggest any form of association, approval or endorsement on Frigg’s part where none exists. The Customer must not establish a link from any website that is not owned by the Customer. Frigg reserves the right to withdraw linking permission without notice.
11.1 Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Webshop are in no way associated, linked or affiliated with Frigg and the Customer shall not rely on the existence of such a connection or affiliation.
11.2 Any trademarks/names featured on this Webshop are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Frigg.
The Customer agrees to indemnify, defend and hold harmless Frigg, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from the use of this Webshop or breach of the T&Cs in cases of intent and gross negligence.
If the Customer is a consumer, the following applies: If any part of the T&Cs is unenforceable the enforceability of any other part of the T&Cs will not be affected, all other clauses remaining in full force and effect.
If the Customer is not a consumer, the following applies: If any part of the T&Cs is unenforceable the enforceability of any other part of the T&Cs will not be affected, all other clauses remaining in full force and effect. Any such invalid, unenforceable or impracticable provision shall, to the extent permitted by law, be deemed replaced by a provision which – to the extent possible – carries out the original intent of the parties.
Frigg operates a complaints handling procedure which Frigg will use to try to resolve disputes when they first arise, please let Frigg know if you have any complaints or comments.
If the Customer breaches these T&Cs and Frigg takes no action, Frigg will still be entitled to use its rights and remedies in any other situation where the Customer breaches these T&Cs.
16. Entire agreement
These T&Cs constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between the Customer and Frigg. Any waiver of any provision of the T&Cs will be effective only if in writing and signed by a Director of Frigg.
17. Contacting us
If there are any questions regarding these T&Cs the Customer may contact Frigg using the information below.
Please use Frigg’s contact page for contacting Frigg.
18. Governing law and dispute resolution
18.1 These T&Cs and the contractual relations between the Customer and Frigg shall be governed by the laws of Austria, excluding Austrian international private law and the UN Convention on Contracts for the International Sale of Goods.
Only if the Customer is a consumer, the following shall apply additionally: This choice of law shall not result in the Customer being deprived of the protection afforded to him by those provisions from which he may not deviate by agreement under the law of the country in which he has his habitual residence (favourability principle).
18.2 If the Customer is a consumer, statutory dispute resolution rules apply. If the Customer is not a consumer, the competent courts of the first district in Vienna shall have exclusive jurisdiction to settle any disputes, controversies or claims arising out of, or in connection with this T&Cs, or related to its creation, interpretation, validity, performance, violation, termination, or nullity.
19. Alternative dispute resolution
The European Commission provides an online dispute resolution platform which can be found at http://ec.europa.eu/consumers/odr/. Frigg is not obliged to take part in dispute resolution procedures before a consumer dispute resolution body, nor does Frigg participate voluntarily.
Frigg sells vintage, used, antique, handmade, and upcycled products. All of which are products that are defined by the presence of irregularities and imperfections - they are a natural consequence of the handmade and ageing process. In many cases, they add value to the item. As such, imperfections do not form a valid basis for complaint unless the product is drastically different from what is described in the shop.
21.1 There is no extrajudicial complaint or appeal procedure to which Frigg is subject.
21.2 The language available for the conclusion of the contract is exclusively English.
21.3 Frigg has not submitted to a special code of conduct (Verhaltenskodizes).