Welcome to the SHOPAMICIS.COM website (the ‘website’). By accessing this website you agree to these terms and conditions (the ‘Terms’). If you do not agree to them you may not use this website and should leave it immediately.
§ 1 General
SHOPAMICIS.COM.COM is an online service of Amicis Premium Retail GmbH, Tuchlauben 14/16, 1010 Vienna, Austria, phone: +43 1 51 33 99 29 99, email: customerservice@SHOPAMICIS.COM.com (hereinafter "SHOPAMICIS.COM.com", "we", "our" or "us"), provides an online shop at the internet address www.SHOPAMICIS.COM.com (the "Website") solely for your personal use for the sale of clothing, accessories and other Items ('Items').
All orders placed by you via the website and our deliveries and services are governed exclusively by the General Terms and Conditions of Business set out below, as applicable when the order is placed. We do not accept any diverging terms and conditions from the customer except where expressly agreed in writing.
We have taken great care to ensure that the Items on our website are presented as accurately as possible. However, colour clarity will depend upon your own personal monitor, and we, therefore, cannot guarantee that the colour of the actual Item is absolutely accurate. SHOPAMICIS.COM shall have no liability in case products are sold out nor for image or typographical errors on the website, e.g. errors in the product description or technical specification, inaccurate prices and price adjustments (such as changed prices from suppliers, change in currencies) or incorrect information with regards to whether a product is in stock. SHOPAMICIS.COM is entitled to rectify any such errors and, at any time, to change or update the information. If an inaccurate price has been stated for a product ordered by the Customer, SHOPAMICIS.COM will naturally notify the customer accordingly and await the customer's approval of the amended price prior to SHOPAMICIS.COM continuing with the order process.
SHOPAMICIS.COM or its licensors own the website and all its content. The information is protected by intellectual property and marketing legislation. This means that trademarks, company names, product names, images and graphics, design, layout and information about products, services and other content may not be copied or used without the prior written consent of SHOPAMICIS.COM.
We may, from time to time, change these Terms at our sole discretion. Using this website after any such change(s), you agree to comply with and be bound by the Terms as changed.
§ 2 Contracts and Orders
A purchase agreement is concluded when SHOPAMICIS.COM has confirmed the Customer’s order and the Customer has received an order confirmation via e-mail. We encourage the Customer to save the order confirmation for future contacts with our customer service regarding the order. The Customer is entitled to cancel their order up until we have confirmed it. If the order is cancelled, we will refund any payments the Customer or their pay- or credit card company has made concerning the order.
We reserve the right to decline your order if the following events occur, for example, we cannot obtain payment authorization, if a particular item has shipping restrictions, the item ordered is out of stock or does not pass our quality control inspections, or you do not meet the criteria set out within the GTC.
§ 3 Cancellation policy advisory
The cancellation policy applies solely to consumers under the Austrian Civil Law.
You may repeal your contract of purchase within 14 days without having to state reasons.
The allocated cancellation timeframe is 14 days, effective the day that you or an assigned third party, who may not be the carrier/courier, took said commodities into their possession.
To administer your right to cancel your order, you have to inform us, Amicis Premium Retail GmbH, Tuchlauben 14/16, 1010 Vienna, Austria, customerservice@SHOPAMICIS.COM.com, Phone +43 1 51 33 99 29 99, by sending us an explicit declaration stating that you are repealing your contract of purchase (for example: by sending us a letter in the mail, fax, or an email).
It will suffice to send us your notification of repeal within the given cancellation timeframe to grant the 14-day cancellation timeframe.
If you repeal your contract of purchase, we are obligated to refund all payments that we have received from you, including shipping costs (excluding additional shipping costs that result from choosing a different shipping option other than the regular standard shipping option that we offer), immediately and within 14 days at most, effective the day that we receive your repeal.
The payment method used to make the transaction will also be used for the reimbursement unless we have explicitly agreed to something else. You will not be charged any fees for reimbursement.
We reserve the right to withhold the reimbursement until we have received the returned items or received your notification that you have returned the items, whichever comes first.
The items have to be sent back to us immediately and no later than fourteen days after the date on which you have notified us of the cancellation of this contract. The extended deadline will be granted if the items are sent back within fourteen days. All return shipments are at our expense.
You are only required to compensate us for any loss in value if the loss in value can be traced back to unnecessary handling, which goes beyond the admissible proofing of the item's condition, its characteristics and functionality.
The cancellation policy is only in place if the product bought has not been customized or altered. The personalization of garments renders the cancellation policy inactive.
End of advisory
§ 4 Voluntary returns right
Independently of your statutory right of revocation, SHOPAMICIS.COM.com offers you the following voluntary right of return:
All SHOPAMICIS.COM.com products can be returned to SHOPAMICIS.COM.com within 14 days of receipt of the products. However, the right of return only applies to unworn, unwashed and defect-free items from which the labels have not been removed. Any loss of value due to wearing, washing or causing other traces of use as well as the removal of the safety label, removal/damage of the original packaging, accessories, and others will result in the return being rejected, as we cannot offer these items for sale again. In this case, the goods will be returned to the customer without reimbursement of the purchase price.
All return shipments will be at our expense if the following provisions are complied with. All return shipments are made solely using the same service as the original delivery (Austrian Post or UPS) using the waybill or return sticker enclosed in the original package. The necessary documents and instructions for returning items will be enclosed in your package. Please note that we can only accept returns from the country to which the shipment was sent to. If the shipment was sent to Austria, for instance, we could only accept a return from Austria. In case of a return, we will refund the money onto your account/credit card. Potential losses due to currency fluctuations will not be refunded. Please send all returns to: AMICIS PREMIUM RETAIL GMBH,c/o SHOPAMICIS.COM.com, Tuchlauben 14/16, 1010 Vienna, Austria
If you have questions regarding our returns policy, please contact a customer service representative:
phone: +43 1 51 33 99 29 99
§ 5 Prices, Fees, Payment and Gift Card
The prices stated on the website apply to orders placed on the website. All prices are presented in € Euro and do not include payment- and shipping fees, which are given separately. 20% VAT is included in the product price for the EU countries. VAT is not included in non-EU countries.
The Customer can pay for their purchase in the manner specified on the website. Read more about our different payment options on the website here. We are entitled to charge the Customer already connected with the order unless invoicing or any similar payment method has been selected by the Customer and approved by us. Upon invoicing or partial payment, SHOPAMICIS.COM or its partners may obtain a third party credit report. In such a case, you will be informed accordingly. We reserve the right not to offer all payment methods at all times, alternatively change payment method if the payment method the Customer has selected does not work, for whichever reasons, at the time of fulfilment of the order. Please note that limitations of available payment methods are set forth on the website.
§ 6 Gift Card
The Gift Card can be used to purchase any article available on our website – except for additional Gift Cards – before its expiration date. Exchanges or reimbursements of your gift card are only applicable following the return and withdrawal rights and conditions. The Gift Card is only valid in countries that we ship to stated on our website. The Gift Card can only be used in the destination country, determined when purchasing the Gift Card. When purchasing the Gift Card, we may choose between sending the Gift Card per email or regular mail.
SHOPAMICIS.COM.com reserves the right to cancel or block the Gift Card if deemed necessary due to legal reasons, for example, in case of loss or misuse of the Gift Card. You will be informed immediately by SHOPAMICIS.COM.com in the case of cancelling or blocking the Gift Card.
After the expiration date, the card cannot be used as a payment method, cannot be reactivated, and any remaining balance cannot be refunded. Your gift certificate should be kept in a secure place and cannot be redeemed for cash. Lost or stolen certificates will not be replaced.
§ 7 Promotions
Promotion codes have different time periods of validity and are applicable for purchasing any product available on the Website, except additional Gift Cards. To determine the validity period, please refer to the document which contains the promotion code. Exchanges or reimbursements of promotion codes, which were part of a marketing promotion or which you may have received on behalf of SHOPAMICIS.COM.com, are non-permissible. The disbursement of promotional codes is not permissible outside of the standard return timeframe stated in our terms and conditions. SHOPAMICIS.COM.com reserves the right to cancel or block the promotion code if deemed necessary due to legal reasons, for example, in case of loss or misuse of the promotion code. You will be informed immediately by SHOPAMICIS.COM.com in the case of cancelling or blocking the promotion code.
If you use the legal right of return or our voluntary return policy, you will be reimbursed for the total amount of the returned items. If you are returning only one of the items from your order, the value of the promotion code will be adjusted accordingly, and only the amount relevant to the returned item will be refunded. The promotion code loses its validity proportionate to the worth of the returned item. If you are returning your complete order, the amount paid will be refunded in full, but the promotion code can no longer be applied to future purchases. Please note that promotion codes from sales campaigns cannot be replaced or refunded.
SHOPAMICIS.COM may, from time to time, provide special offers on the Website, which may have more favourable conditions than those outlined in these General Conditions, e.g. concerning payment or extended right of withdrawal. Such conditions will apply for the particular offer duration and the specific products set forth by us in connection therewith. We reserve the right, at any time, to withdraw such special offers. Upon termination or withdrawal of a special offer, these General Conditions shall apply without any amendments. Any offers on specific products on the Website are valid only for a limited period of time and until products are sold out.
§ 8 Storage of contract data
We store your order data. If you wish to print your order, you may do so by printing out an "acknowledgment of receipt". It will appear on your screen once you have submitted your order to us by clicking the "complete purchase" button, and your credit card details have been verified.
Besides, you will receive an email order confirmation stating all details entered, which can be printed.
§ 9 Shipping & dispatch
Your package will be shipped with either Austrian Post or UPS, depending on the final destination. SHOPAMICIS.COM.com is liable for any potential transport risks. Delivery will be made no later than three working days after SHOPAMICIS.COM has confirmed the order in writing through the order confirmation. Unless agreed otherwise, delivery will be made within 2 to 8 business days to the shipment address specified by customer, depending on the shipment method and place of delivery chosen. If payment in advance was chosen as a payment option, the goods would be dispatched only after the full purchase price has been credited to our account.
Based on experience, deliveries to non-EU destinations take 3 to 10 business days. Please be aware that we cover the insurance of the goods and all costs incurred for shipping documents. As indicated, the product prices are exclusive of value-added tax and customs duties and are also exclusive of Austrian value-added tax. Please note that UPS will charge all import sales taxes, customs duties and handling charges separately for each country. For any questions about taxes and duties in your country, please email our Customer service team: customerservice@SHOPAMICIS.COM.com.
For any additional questions about taxes and duties in your country, please email our customer care team: customerservice@SHOPAMICIS.COM.com. Please note that you will be responsible for any bank charges that may be incurred in foreign countries. In case of a return, customs duties, import sales taxes, and DHL handling charges will not be refunded.
If any package shall be picked up at a specific delivery point, the customer shall do so within the notification time. Packages shall typically be retrieved personally with valid identification and order number. The customer will receive a notification of delivery stating when and where the package shall be picked-up or received. The notification may be made by email, ordinary mail and if the customer has provided a mobile number, also by phone or SMS. SHOPAMICIS.COM.com is entitled to charge the customer a fee if the package is not retrieved.
§ 10 Payment
Please pay for your SHOPAMICIS.COM.com order by:
• Visa Debit
• Master Card
• Master Card Debit
• American Express
All payments and credit notes will be handled in € Euro.
When making a purchase using a Gift Card, enter the Gift Card code in the designated field at checkout. Click on "add code" in the last step of the checkout. If the order amount exceeds the Gift Card balance, please select the payment method with which you wish to cover the remaining amount. If the Gift Card balance exceeds the order amount, you may use the same code for your next purchase. The amount remaining will be available until your credit balance has been used up ultimately. The disbursement of the remaining Gift Card balance is not possible.
When making a purchase using a promotion code, enter the promotion code in the designated field at checkout. Click on "add code" in the last step of the checkout. If the order amount exceeds the promotion code balance, please select the payment method with which you wish to cover the amount remaining.
§ 11 Returns
To make this process as easy as possible, SHOPAMICIS.COM offers free returns on all orders. We suggest sending back your orders within seven days of receiving your order to ensure it arrives back in our hands before the 14-day return window expires.
We offer our customers a free return service at our boutiques in Vienna, applicable to all orders placed on SHOPAMICIS.COM.
If you received a faulty, incomplete, or different product than the order placed, please contact our Customer Care team immediately, providing a photo of the product and description of concerns.
All items must be returned new, unused, unworn, unwashed, undamaged, and with all tags attached within 14 days of receipt. Where possible, any designer packaging such as authenticity cards, dust bags and leather tags must also be returned as they are considered part of the product. We will check the returns before refunds are processed. Returns that do not fulfill the conditions outlined above will be rejected and sent back to the customer.
Once your order has been received by our warehouse and complies with our Returns Policy, you will receive an email regarding the returned items. We will refund the total amount of the product on the original payment method, including taxes and duties. The refund can only be provided to the person who placed the original order via the payment method.
Please note that refunds can take up to 14 working days to show on your account due to varying processing times between payment providers. Your shipping costs will be excluded unless the item is faulty.
We do monitor the number of returns made by customers, and continued returns in breach of our terms and conditions will be flagged and may, at our discretion, lead to the closure of your account or future orders being refused.
§ 12 Retention of title
The goods delivered remain property of SHOPAMICIS.COM.com until full payment has been made.
§ 13 Inquiries, complaints
For any inquiries about your order or complaints, please contact our Customer Service Team:
phone: +43 1 51 33 99 29 99
§ 14 Warranty
Warranties for products will only cover original manufacturing defects and, accordingly, not any fault arising upon or after any individual changes of the product’s function and appearance, e.g. rebuilding, upgrading, or other product configurations. The Customer’s order confirmation constitutes the certificate of warranty. The right to file a complaint applies to products which are defective according to applicable consumer protection legislation. Any Customer who wishes to assert their right to file a complaint about any product ordered shall contact us as soon as possible after the defect was discovered, using the contact information set forth on the Website. We will carry the cost for the return freight for any approved complaints.
Please note that SHOPAMICIS.COM’ warranty does not cover defects and damages resulting from:
• external circumstances e.g. loss, theft, fire, and water or other liquid damage
• improper use or carelessness e.g. tears, dents, breakages, dropping the product etc.
• aesthetic changes due to normal wear and tear e.g. minor scratches, material wear, flaking paint etc.
• accidents or unjustified repairs or modifications to the product not carried out by SHOPAMICIS.COM.
Please note that if you have not followed our care instructions, this warranty will not apply. This warranty does not limit nor replace more favourable terms under law.
§ 15 Liability
Should you need to claim for damage for whatever reason, whether the damage is directly or indirectly connected to your order, the costs of services and/or goods shall be excluded from the refunded amount.
This exclusion of liability will not apply in instances of a breach of material contractual obligation, also known as ‘cardinal duty.’ If cardinal duty is breached due to negligence, our liability will only be compensated for foreseeable damage. We will be entitled to prove that the damage, which has occurred is lower.
It is important to note that the exclusions and limitations outlined in this GTC will not apply in the event of death and personal injury arising from our negligence or our legal representatives or agents of SHOPAMICIS.COM. The exclusions and limitations of liability in this GTC will also not apply to any other damage resulting from a wilful or grossly negligent breach of our obligation by us or our legal representatives and agents. For example, this might include damage caused by the lack of a warranted condition or due to fraudulent concealment of a defect.
SHOPAMICIS.COM is not responsible for losses not caused by our breach or negligence. This includes indirect losses, which are a consequence of the direct loss or damage and are not foreseeable by you and us, such as loss of profits or ‘loss of opportunity.’
Furthermore, we are not responsible for any failure to meet any of our responsibilities outlined in the GTC in relation to events beyond our reasonable control.
§ 16 Choice of Law, Place of fulfilment, jurisdiction
This webpage is under Austrian Law. Concerning the EU's other member states, the guidelines of the General Data Protection Rule of the EU and their intentions for each member state's jurisdiction apply.
For customers in Switzerland, you acknowledge explicitly by any interaction with this webpage that you are bound by Austrian Law, which applies for any contact or interaction with this webpage and any resulting consequences, and that the place of jurisdiction is Vienna.
We recognize that you can obtain access to this site from any jurisdiction globally, but we have no practical ability to prevent such access. If any material on this site, or your use of the site, is contrary to the laws of the place you are accessing it, this site is not intended for you, and we ask you not to use this site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them. If you intend to use this site from outside the European Union Countries, you acknowledge explicitly by any interaction with this web page that Austria's laws shall bound you in the event of a legal dispute or any issue. You consent to the jurisdiction of the courts in Austria, and you represent that you shall conform to Austria's laws when you use or surf this site.
§ 17 Protection of minors
The Customer must be a minimum of 18 years old to order via the Website. Per Austrian law, SHOPAMICIS.COM does not accept any credit purchases by persons below 18 years of age. SHOPAMICIS.COM reserves the right to deny or change a Customer's order (e.g. if the Customer has provided incorrect personal data and/or has any record for non-payment of debt).
If you are less than 18 years old, you must obtain your parent or guardian's consent.
§ 18 Regristration & guest login | Passwords
You can either register or use the guest checkout in order to place orders on our Site. To checkout, you need to enter your address and contact details in the relevant form. When entering your personal data, you are required to provide information about yourself that is true, accurate, current and complete. Should any of your registration information change, please notify us immediately at customerservice@SHOPAMICIS.COM.com. We may also change the registration requirements from time to time.
When registering, your account password must be unique and kept secure at all times. You must notify us immediately of any breach of security or unauthorized use of your account. Your password must not be made accessible to unauthorized third parties.
Customers may only have one customer account at any time. We reserve the right to delete multiple registrations and caution or dismiss any member failing to observe this policy (virtual domestic authority).
§ 19 Contact
SHOPAMICIS.COM reserves the right to contact customers via different forms to receive information about customer satisfaction. After purchasing items through SHOPAMICIS.COM.com, clients will be signed-up for a Newsletter. You may unsubscribe at any point.
§ 20 Your Use of SHOPAMICIS.COM
SHOPAMICIS.COM hereby permits you to use the website as outlined in these Terms subject to the following conditions:
You will not distribute or copy any part of the website in any medium without prior written consent; you will not change or amend any part of the website other than as may be reasonably necessary to use the website for its intended purpose; you will otherwise comply with the terms and conditions of these Terms and Conditions of Use; you agree to and shall provide accurate, current, and complete information as required for the purchase of the products and Services. We reserve the right to block further sales to customers who provide false, invalid or incomplete data.
You with this represent and warrant that you will not and will not induce any third party to:
a) attempt to disable or circumvent any security mechanisms used by the Services or Content or otherwise attempt to gain unauthorized access to any portion of the Services or Content or any other systems or networks connected to the site, or any server of SHOPAMICIS.COM or its third-party service providers, by hacking, password "mining", or any other illegal means,
b) use any "deep-link", "page-scrape", "robot", "spider", or another automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Services or Content,
c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Services or with any other person's use of the Services,
d) attempt to damage, disable, overburden, or impair our servers or networks;
e) attempt to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
f) interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; track or seek to trace any information on any other person who visits the site or uses our Services,
g) harass, abuse, stalk, or threaten, defame any person, or otherwise infringes or violates the rights of any person (including but not limited to rights of publicity or other proprietary rights); or do anything else which is unlawful, fraudulent, or deceptive;
h) use the Services or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations, or
i) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the Site, Applications, Services, or Content,
j) remove any copyright, trademark, or other proprietary rights notice from the site or materials originating from the site,
k) misrepresent a user's identity, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the site, or express or imply that we endorse any statement you make.
§ 21 Changes
SHOPAMICIS.COM may add to, change or remove any part of the site, including, without limitation, any content at any time without prior notice to you.
These conditions were established by SHOPAMICIS.COM.COM on 2020 - 10 - 20