1. General & scope
2. Order & prices
3. Payment
4. Shipping
5. Complaint & return
6. Revocation instruction
7. Liability
8. Place of jurisdiction & dispute resolution
9. Final provisions

1. General & Scope
These terms and conditions apply to all purchases made by
private customers at Avanyah [legal-notice]. All deliveries and
services are provided exclusively on the basis of the following
General Terms and Conditions, also referred to as “GTC”, in
the version valid at the time of the order. The contractual
partner is Alexander Müller [hereinafter referred to as “Seller”].
Private customers in this sense of these Terms and Conditions
[hereinafter “Customer”] are persons with residence and
delivery address, provided that the goods ordered by them can
be attributed neither to their commercial nor their independent
professional activity.

Business customers are requested to place orders on the order
pages [line sheets] accessible via the business customer login.

2. Order & Prices
To complete the purchase, you must accept our terms and
conditions and click the [Buy] button. This will send the order to
us.

After submitting the order, we will first send you an order
receipt confirmation email. If we accept your order, you will
receive an order confirmation by e-mail after receipt of your
order, with which the contract is concluded.
We retain ownership of the purchased item until the invoice
amount has been paid in full.

If the seller offers the possibility of payment in advance, the
contract is concluded at the time when the customer provides
his bank details and complies with the request for payment.
If the payment is not received by the seller within 10 calendar
days after sending the order confirmation despite due date and
reminder by the customer, the seller is entitled to withdraw from
the contract, whereby the order expires and the seller is
released from his delivery obligation. At this time, the order is
considered completed without any further consequences for the
customer or the seller. Products for which prepayment is
offered can therefore be reserved for a maximum of 10
calendar days.

The marked prices are final prices including VAT. The amount
shown at the time of the binding order applies. In addition,
there are shipping costs, which depend on the shipping method
and the size and weight of the product(s) ordered by the buyer.

3. Payment
Payment methods:
● Credit cards – via Stripe
● Bank transfer – via Stripe
● Prepayment – cash or bank transfer into our bank
account
● Cash – at the pick up or e.g. TransferWise
● PayPal

4. Shipping
All prices include the legal value added tax plus shipping costs
(excl. customs or import costs).
We deliver with suppliers of our choice. However, these may
vary, as we always strive to offer our customers the best
possible delivery conditions. Shipment is made to the delivery
address provided by the customer in a delivery period of 3 to
21 days. You can find out about the details at
[delivery-and-return].

If force majeure (natural disasters, war, civil war, terrorist
attack) makes delivery or any other service permanently
impossible, thealtheamovement.com’s obligation to perform is
excluded. Amounts already paid will be immediately refunded
by thealtheamovement.com in the form of a repayment or a
voucher of at least the same value.

Thealtheamovement.com may also refuse performance insofar
as this requires an effort that is grossly disproportionate to the
Customer’s interest in fulfilling the purchase contract, taking
into account the content of the purchase contract and the
dictates of good faith. Amounts already paid will be refunded by
thealtheamovement.com without delay.

5. Complaint & Return
When returning the goods and accessories, please use the
original packaging if possible, even if it is damaged due to an
opening for functional testing.

Send us the package using the most convenient shipping
method for you with tracking number, so that the package will
not be lost on the way back. thealtheamovement.com is a small
fashion label that is still in its development phase and tries to
take care of the environment in the best possible way. We are a
small company run with love and a personal and friendly
customer service. Please understand that
thealtheamovement.com will not cover any additional costs,
e.g. for return shipping.

The regular costs of return shipping incurred in the event of a
return of the goods by the buyer in exercise of your right of
withdrawal [see below], the customer himself bears, provided
that the item was not defective, damaged or incorrectly
delivered.

Defect rights:
A product that is already defective upon delivery (warranty
case) will be replaced by a defect-free one or professionally
repaired by thealtheamovement.com at the Customer’s
discretion at thealtheamovement.com’s expense (subsequent
performance).

The Customer may, at its option, withdraw from the contract or
reduce the purchase price if the repair or replacement delivery
has not resulted in a contractually compliant condition of the
product within a reasonable period of time.
A warranty case does not exist in particular in the following
cases:
● in the case of damage caused to the customer by
misuse or improper use,
● for damage caused by the fact that the products have
been exposed to harmful external influences at the
customer’s premises (in particular extreme
temperatures, humidity, unusual physical or electrical
stress, voltage fluctuations, lightning, static electricity,
fire),
● for a fault caused by improper repair by a service partner
not authorized by the manufacturer.
● as well as in all cases listed in the cancellation policy at
the end under “Exclusion of the right of cancellation”.
The customer shall pay compensation for the loss of value or
further deterioration of the goods not caused by the defect as
well as for the impossibility of handing over the goods in the
period between delivery of the goods and return of the goods
not caused by the defect.
Retention of title:
The delivered goods remain the property of
thealtheamovement.com until all claims against the Customer
arising from the purchase contract have been settled in full. As
long as this retention of title exists, the Customer may neither
resell nor dispose of the goods; in particular, the Customer may
not contractually grant third parties any use of the goods.

6. Revocation Policy
Right of revocation:
You have the right to revoke this contract within fourteen days
without giving any reason. The revocation period is fourteen
days from the day on which you or a third party named by you,
who is not the carrier, has or has taken possession of the
goods. To exercise your right of withdrawal, you must inform us
of your decision to withdraw from this contract by means of a
clear statement (e.g. a letter or e-mail sent by post). You can
use the attached sample withdrawal form for this purpose,
which is, however, not mandatory. To comply with the
revocation period, it is sufficient that you send the notification of
the exercise of the right of revocation before the expiry of the
revocation period.
Consequences of revocation:
If you revoke this contract, we must reimburse you for the cost
of the product as well as the delivery costs (except for
additional costs for express deliveries or other ausernaturlichen
deliveries). For this repayment, we will use the same means of
payment that you used in the original transaction, unless
expressly agreed otherwise with you.
We may refuse to make the repayment until we have received
the goods back or until you have provided proof that you have
returned the goods, whichever is the earlier. You must return or
hand over the goods to us without undue delay and in any case
no later than within fourteen days from the day on which you
notify us of the revocation of this contract.
The deadline is met if you send the goods before the expiry of
the period of fourteen days. You must bear the direct costs of
returning the goods. You only have to pay for any loss in value
of the goods if this loss in value is due to handling of the goods
that is not necessary for checking the condition, properties and
functioning of the goods.
Exclusion of the right of withdrawal:
The right of withdrawal or a warranty does not exist
● In the case of contracts for the delivery of goods which
are not prefabricated and for the manufacture of which
an individual selection or determination by the consumer
is decisive or which are clearly tailored to the personal
needs of the consumer,
● In the case of contracts for the delivery of goods if these
have been inseparably mixed with other goods after
delivery due to their nature,
● If there are signs of misuse, such as: if the product has
already been demonstrably worn, altered or damaged,
● In the case of purchases or the conclusion of contracts
where the consumer is present in person,
● If the details and size tables indicated in the product
descriptions have not been respected. In this case, the
amount received will be refunded by the seller, apart
from the shipping costs, payment processing fees and
logistics/handling fees as these are borne by the
consumer.
● In case of payment with vouchers. In case of partial
payment with voucher or discount, the value of the
redeemed voucher will not be refunded,
● If the revocation is not justified in detail.
Sample revocation form:
(If you want to revoke the contract, please fill out this form and
send it back).
To Alexander Müller, Erne-Seder Gasse 8, 1030 Vienna,
Austria, office@avanyah.com
I/we (*) hereby revoke the contract concluded by me/us (*) for
the purchase of the following goods (*) / following service (*).
Ordered on ….
Received on …..
Name of the consumer(s) …..
Address of the consumer(s) …..
Date …..
Name of consumer(s) ….
Possibly signature ….

7. Liability
The following exclusions and limitations of liability in connection
with the Seller’s liability for damages shall apply without
prejudice to any other statutory requirements for claims.
● The Seller shall be liable without limitation if damage has
been caused intentionally or by gross negligence.
● The Seller shall also be liable for slight negligence in the
event of a breach of essential obligations, the breach of
which jeopardizes the achievement of the purpose of the
contract, as well as in the event of a breach of
obligations, the fulfillment of which makes the proper
execution of the contract possible in the first place and
on the observance of which the Customer may regularly
rely. In this case, however, the Seller’s liability shall be
limited to the foreseeable damage typical for the
contract. The Seller shall not be liable in the event of a
slightly negligent breach of obligations other than those
specified in the above sentences.
● The above limitations of liability shall not apply in the
case of damage resulting from injury to life, body or
health, in the case of defects discovered after a
guarantee for the quality of the product has been given
or in the case of defects which have been fraudulently
concealed. Liability under the law on liability for defective
products shall remain unaffected.
● As far as the liability of the seller is excluded or limited,
this also applies to the personal liability of employees,
representatives and agents.

8. Place of Jurisdiction & Dispute Resolution
If, contrary to the information you provided when placing the
order, you do not have a residence in the Republic of Austria,
or if you move your residence abroad after conclusion of the
contract, or if your residence is not known at the time of filing
the lawsuit, the place of jurisdiction for all disputes arising from
and in connection with the contractual relationship shall be
Vienna, Austria.

General information requirements for alternative dispute
resolution in accordance with Article 14 (1) ODR Regulation
and § 36 VSBG (Consumer Dispute Resolution Act): The
European Commission provides a platform for online dispute
resolution (OS), which can be found at this address:
http://ec.europa.eu/consumers/odr/ . We are not obliged or
willing to participate in a dispute resolution procedure before a
consumer arbitration board.

9. Final Provisions
Should individual provisions of this contract be or become
invalid or void in whole or in part, this shall not affect the validity
of the remainder of the contract, insofar as a contracting party
is not unreasonably disadvantaged thereby.
Changes or additions to this contract must be made in writing.
If you have any questions, complaints or claims, please contact
us. You can reach us Monday to Friday between 9:00 am and
6:00 pm by e-mail at Efi@thealtheamovement.com