General Terms and Conditions
1. Scope of the Contract
The following General Terms and conditions shall apply between Drift GmbH and the purchaser of any goods from Drift. These General Terms and Conditions hereby replace any previously stated General Terms and Conditions. Additions and alterations made to these General Terms and Conditions are only valid if confirmed in writing by Drift.
2. Guarantees of the Contract
Drift guarantees the condition of goods ordered by the customer, as they are given on the FireGirls website. In the event of changes in price, errors in text or printing, or calculation errors, as well as changes in availability, in particular those caused by third parties, Drift shall in no way be held responsible, and can in no way be held liable for such events.
Delivery takes place after finalization of the order for merchandise to the address specified by the ordering party. The responsibility for the goods during shipment falls on the carrier, which the party ordering goods has specified and/or agreed to in placing the order. Estimates regarding delivery times are in no way to guaranteed, although in exceptional cases a date and time may to be specified with a carrier offering guaranteed service. Moreover, in cases where the specified date of delivery is not met, the party ordering from Drift shall have no rights to cancel the order. Nonetheless, should a party ordering from Drift fail to receive the requested goods, that party is obliged to notify Drift. If the ordering party should not receive the ordered merchandise within 30 days of this notification, the ordering party is entitle to withdraw and/or cancel the entitled order.
Your order will be sent out via Austrian and German Post AG. Once the goods have been handed to the the transport company, the risk passes to the customer. Complaints about damage in transit must be asserted to the transport company subject to the statutory time limit for this.
5. Conditions of payment
Drift offers three possibilities for payment for goods ordered.
- Prepayment: The invoice amount must be transferred to the account of:
FireGirls by Drift GmbH
Sort code: 17000
A/c No: 180085076
IBAN Code: AT641700000180085076
Swift/Bic Code: BFKKAT2K
- Credit card: We accept Mastercard and VISA. You enter your data using an encrypted secure connection. Your order will be processed and the money will be deducted once the payment has cleared.
- PayPal: Use the simple and safe PayPal system fpr payments. Items will be delivered immediately after the payment has arrived.
6. Complaints and returns
We ask for our customers’ understanding of the fact that return deliveries for which no postage has been paid cannot be accepted. Returns can only take place in the form of sufficiently stamped parcel shipments with the invoice or tally sheet attached. The customer bears the risk of return deliveries, especially the transport risk, until the goods reach Drift GmbH.
In order for us to be able to take account of complaints (e.g. incorrect delivery, discrepancies of quantity or quality) these must be submitted to us in writing or by telephone within 24 hours of acceptance of the goods. Once 24 hours have expired, the delivery shall be deemed to be in order and acknowledged by the customer. Naturally in the event of justified complaints in terms of the delivery quantity, the missing quantities shall be supplied subsequently by us.
7. Right of revocation and right of return
Goods can be returned by the purchaser subject to the statutory time limit, in their original packaging, unused and in perfect condition. The start of this time limit is the date of invoice. We require compensation from the customer for goods returned or damaged packaging. In this case we have to charge you for the returned goods.
8. Instructions in the event of revocation
Consumers have a 14-days right of revocation.
Right of revocation
You can revoke your declaration of contract within 14 days in text form (e.g. letter, fax or email) without providing reasons or – if you receive the item before the expiry of the time limit – also by returning the item. The time limit shall start after receipt of this information in text form, however not before the receipt of the goods by the recipient (in the event of repeat delivery of similar goods, before receipt of the first part delivery) and also not before the fulfilment of our duties of information in accordance with Article 246 Section 2 in combination with Section 1 Paragraphs 1 and 2 EGBGB [Introductory Law to the Civil Code] and also our duties in accordance with Section 312g Paragraph 1 Clause 1 BGB [Civil Code] in combination with Article 246 Section 3 EGBGB. To meet the time limit for revocation it is sufficient to send us your revocation or the item in good time. Any revocation should be sent to:
FireGirls by Drift GmbH
Consequences of revocation
In the event of effective revocation, the performance received by both parties must be returned and any benefits derived (e.g. interest) must be released. If you are unable or partially unable to return or release the performance received and its utilisation (e.g. use and enjoyment) or can only do so in a deteriorated condition, to this extent you must pay us compensation for loss of value. You must only pay compensation for the deterioration of the item and for use and enjoyment insofar as the use and enjoyment or the deterioration can be ascribed to handling of the item that goes beyond checking its properties and functionality. “Checking its properties and functionality” shall be taken to mean testing and trying out the respective goods as is possible and usual for example in a shop. Items that can be sent as parcels must be returned at your own cost and risk. Items that cannot be sent as parcels shall be collected from you. Obligations to reimburse payments must be fulfilled within 30 days. This period commences for you with the sending of your declaration of revocation or the item, and for us with the receipt of this.
9. Reservation of proprietary rights
Until the payment, in its entirety, has been made for goods delivered, the goods remain the property of Drift. By ordering, the party ordering gives the irrevocable right for the reclamation of merchandise by Drift, should payment not be received after first requested. Ongoing agreements between Drift and the ordering party remain unaffected.
10. Copyright clause
The ordering party declares that use of the items specified in this contract in any form (in whole or in part), including but not limited to editing, publication, or distribution is expressly forbidden as the merchandise is only intended for the private use of the purchaser. Should damages be claimed against the party ordering from Drift, for reasons of the actions of the ordering party, the party ordering declares to hold Drift entirely free from damages and responsibility.
11. Applicable law and jurisdiction
This document is to be considered binding under Austrian law. Should any litigation result from this contract, it is agreed that the court in Graz shall have jurisdiction. In addition, Drift is authorized to take general legal action (under consumer law) within the jurisdiction of the ordering party.