Terms & Conditions

General

These terms and conditions govern your use of, access to, and purchase of products through www.andrebac.com (the “Website” or “Site”). By using the Site, you agree to comply with and be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Site.

This website is  perated by „ANDRE BAC“. Throughout the site, the terms “we”, “us” and “our” refer to „ANDRE BAC“. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

Any terms and conditions deviating herefrom shall not apply, and we hereby objects to any such deviating terms and conditions. Any collateral agreements shall only become part of the contract if confirmed in writing by us.By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and conditions are considered an offer, acceptance is expressly limited to these Terms and conditions. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Other site policies

Please review our Terms & Conditions, Return Policy, Privacy and Cookies Policy (collectively, the “Site Policies”). All Site Policies are incorporated in these Terms and Conditions by this reference and, therefore, apply to your access to, use of and purchase of products from the Site (“Product”). If you do not agree to our Site Policies, please do not use the Site. 

Products

The Products are owned and sold on the Website by „ANDRE BAC“. AB attempts to be as accurate as possible in the description of the Products. However, we cannot guarantee that any descriptions are totally accurate, complete, reliable or error-free. Please note that the images of the Products on the Website are for illustrative purposes only and while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate. We cannot accept any responsibility for any variation in color caused by the browser software or computer system used by you. If a product offered by „ANDRE BAC“ is not as described, your sole remedy is to return it in unused condition.

The Customer acknowledges that the products offered by „ANDRE BAC“ on the Website (hereinafter referred to as the “Products”) are limited in number and he/she is therefore aware that „ANDRE BAC“ shall need to check their availability at the time of the order placement prior to the acceptance of the order.

Occasionally the availability of certain Products may incur inconveniences. In such circumstances, „ANDRE BAC“ shall inform the Customer by Email that the order placed cannot be accepted.

In the event the order is only partially available, the Customer will be informed about that. However, the Customer agrees and accepts to receive only the Products available, unless he/she has selected on the Website the option to receive the entire order as a whole. In such case the Customer will be asked if he/she either wishes to receive the Products that are available or fully cancel the order.

„ANDRE BAC“ reserves the right to vary the articles sold on the Website at any time, without any notice prior to acceptance of the order.

Conclusion of the contract

In case of conclusion of the contract, the contract is concluded with

ANDRE BAC®
Andreas Bacher
Josef-Mayr-Nusser-Weg 2
6020 Innsbruck AUSTRIA
ATU78274617

The presentation of the goods on our Website does not represent a legally binding contract offer on our part, but is only a non-binding invitation to the consumer to order goods. By ordering the desired goods the consumer makes a binding offer to conclude a purchase contract. By placing an order in our online store – binding submission of the order by clicking on the button “complete order” or “buy” – you submit a binding purchase offer to us. The contract is only concluded through the transmission of a shipping confirmation or by sending the ordered goods. The automatically transmitted confirmation of receipt of your order after completion of the purchase process does not constitute an acceptance of the offer by us. Our general terms and conditions become part of the contract with each order.

Pre-Order

All Products are available to ship unless it is a pre-order item. The Customer is aware that on the Website he/she may have also the opportunity to pre-order a selection of Products before their commercial launch or distribution and placement in the market. 

The Customer acknowledges that such Products are not yet available for the delivery at the time of the submitting of the relevant Order. The Products which may be pre-ordered by the Customers are clearly identified and marked on the Website through the wording “Pre-Order”.

The Customer acknowledges and agrees that if he/she pre orders a Product the relevant price shown on the Website and displayed in the Shopping Bag section shall be charged in advance to the Customer at the moment of the receipt of the Confirmation Email although the Pre Ordered Product is not ready to be shipped at that moment.

The Pre Ordered Product will be delivered to the Customer within the relevant estimated date specified in the Product page description.

In case the Order sent by the Customer contains also one or more Pre Ordered Products in addition to the Products already available, all the relevant prices related to such Order shall be charged in advance to the Customer at the moment of the receipt of the Confirmation Email, even if such Pre Ordered and Personalized Products will be delivered at the relevant estimated delivery dates specified in the Product pages description.

Any further specification related to the payment, delivery and confirmation of the Pre Ordered Products are referred below in the respective sections.

The Customer acknowledges and agrees that, except for what is specifically provided herein for the Pre Ordered Products, the other sections of these Terms and Conditions will be applied also to the Pre Ordered Products and to the Personalized Products.

We are not liable for delays, cancellations or changes to pre-ordered items made during production. If a pre-ordered item will not be shipped out by the estimated shipping date, the customer will be notified and, at the customer’s election, either refunded in full or provided with an updated estimated shipping date. If an order includes both available and pre-ordered items, at least two separate deliveries will be most likely made to the customer.

Prices and Payment

Prices:

We ship from our warehouse in Austria. All prices on the Site are given in EURO (€) and include 20% Austrian VAT for products delivered in Austria and the EU. The currency may change depending on the shipping country. The total price displayed in the shopping cart includes applicable shipping costs, if any, which are shown separately.

For international customers, there is no sales tax on orders placed. Please note that we have no control over any customs or import duties that could be levied when the package reaches your destination country and for which you will be liable. You are responsible for Customs/Duty and Import taxes to receive your order. Any delay in paying these customs fees will result in a delay of delivery of your order. It is strongly recommended to check with your local agency for an estimate of these fees prior to placing the order. Customs policies vary from country to country. 

The prices shown on the Website and displayed in the Shopping Bag section, upon confirmation by the Customer of the Order or the Pre-Order by pressing the Buy Button („complete order“), shall be charged to the Customer, provided that the Products ordered are available in that moment, except for the Order containing Pre Ordered Products for which the relevant amount shall be charged in advance  even if they are not yet ready to be shipped at that moment. Before accepting your order, we will inform you if a product’s correct price is higher than that stated in your order and you may cancel the order. We reserve the right to modify the prices of the Products offered for sale on the Website at any time and without notice. This does not apply for Orders already placed by the Customer.

Payment method:

You must pay by credit card or paypal at the time of the order.

We check the validity of the credit card, the coverage of the purchase amount and the correctness of the address data. The invoice amount will be charged to your account or credit card when the goods are shipped. The shipment will be made only after receipt of payment.

All credit card transactions on the Website are processed using Stripe, a secure online payment gateway that encrypts your card details in a secure host environment.

At Checkout you can chose to save your credit card for future purchases if you are logged in to your ANDRE BAC account. Your details will be protected using Global Sign Encryption and will speed up your checkout the next time you shop.

When selecting the PayPal option, you will be directed to the PayPal site to “Log In” and review the amount shown before clicking “Pay Now”. Once this transaction is complete, you will then return to the Website.

Delivery

Unless anything different is agreed, the delivery will be made from the warehouse to the delivery address given by the customer. Delivery times – you see at the checkout area – are estimates and begin from the date of dispatch. Please allow for delays during holidays. Please ensure that the billing and shipping address details are correct, as we are unable to redirect. Always include a phone number.

We offer different shipping methods (Standard and Express) to meet your needs as further specified when you check out. Dispatch of orders may take up to 7 business days but we aim to dispatch all orders within 24 hours during weekdays, or 1-2 business days during holiday periods. The delivery times do not take into account possible delays caused by payment authorization and/or on the part of the shipping company. If we fail to deliver within 30 days, you have the right to cancel the purchase.

 

Your order will be delivered by our trusted courier and take place from Monday to Saturday (or other normal working week days in countries that do not follow a Western pattern of working week) usually within the hours between 8am and 5pm to the shipping address you have indicated. It is not possible to specify a precise time at which a delivery will take place.

All orders should be fully traceable on the Website by logging in to My account. Click “My Orders” and fill in the tracking number for updated information about your shipment.

 

For security reasons, we shall not process any order addressed to a post office box or accept any order that does not allow to identify the natural person held to be the recipient of the order and the relevant address.

First-time order policy
For security purposes, we reserve the right to ship first-time orders to the cardholder’s verified billing address or work address. To avoid delays in receiving your order, please make sure to provide the correct billing and shipping information associated with your credit/debit card when placing an order.

Please note that the courier may require deliveries to be signed for. If you order Products for international delivery, they may be opened and inspected by customs authorities. Please note that we have no control over any customs or import duties that could be levied when the package reaches your destination country and for which you will be liable. You are responsible for Customs/Duty and Import taxes to receive your order. Any delay in paying these customs fees will result in a delay of delivery of your order. It is strongly recommended to check with your local agency for an estimate of these fees prior to placing the order. Customs policies vary from country to country.

Return

The Customer has the following right to withdraw from the contract:

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 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 us at customercare@andrebac.com of its decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). The Customer may use the attached model withdrawal form, but it is not obligatory. Our team will be in touch to provide a return form for you to complete that should be included in the package with your return as well as a shipping label.

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.

A request to withdraw and the return the goods must be sent to:

ANDRE BAC®

customercare@andrebac.com

Andreas Bacher

Josef-Mayr-Nusser-Weg 2

6020 Innnsbruck

AUSTRIA

 

Effects of withdrawal

Once your return is received, it will undergo a quality check. If you revoke this contract, we are obliged to return to you, promptly but in no case later than within 14 days from the day on which we have received the notification of your revocation, all payments that we have received from you minus shipment. Your are responsible for shipping costs associated with returning any item. You can either ship yourself directly or the cost of return shipping will be deducted from your refund. Customs and duties costs, as well as cost of original shipment will not be refunded.

For such repayment, we will use the same means of payment that you have used for the initial transaction unless expressly agreed with you otherwise; in no case will we charge you any fees due to such repayment.

Your are obliged to send back or hand over the products to us promptly, but in no case later than within 14 days from the day on which you notified us of the revocation of this contract. The time limit is complied with if you send the products before the expiration of the 14 days’ time limit. You have to bear the direct costs of the reconsignment of the products. Any potential loss in value of the products will have to be compensated by you only if such loss in value is attributable to your handling of the products which is not necessary for the verification of their condition, quality or functionality. 

Products must be returned in the same conditions in which they were delivered. The Customer must therefore ensure that the Products are intact and complete as delivered, that they have never been used or worn over and beyond a trying-on or a test as well as damaged in any way, and returned in their original packaging, equipped with all the labels they were received with. In case a Product was provided with a security tag, the return of this Product will not be accepted if the original security tag has been removed, broken or damaged by the Customer. We will check the packaging and conditions of each Product returned, being the substantial integrity of such Products an essential requirement for the exercise of the right of withdrawal.

We reserve the right to reject the return of such Products that should result to have been damaged, deteriorated, stained by the Customer or appear to be in a condition that unequivocally shows that they have been used for purposes other than for those verifications by the Customer strictly necessary to ascertain the nature and features of the Product purchased.

Reservation of title

Goods delivered will remain the property of us until completely paid for.

Warranty

The provisions of the Law on Warranty will apply.

Data Protection

We store and process all customer data solely in accordance with the relevant laws on data protection. In particular, personal data will only be recorded and stored in order to process an order for goods or, should you have given your express consent, also used for marketing measures by us, such as for example in distributing newsletters.  We will not keep personal data any longer than is necessary. We will not forward personal data to third parties. Excluded from this provision are our service partners that require transmission of the data in order to process the order. In such cases, however, the amount of data transmitted will be limited to the required minimum. Review also our privacy policy.

Choice of law

Austrian law shall apply to the exclusion of the UN purchase law, without prejudice to any other imperative provision of law more favourable to the Customer applicable in the country of habitual residence of the Customer.

Validity

Should one or more provisions be or become invalid, this will not affect the validity.

Intellectual property rights

The “ANDRE BAC” trademark, as well as all the figurative and non-figurative marks and, more generally, all the other trademarks, illustrations, images and logos found on the “ANDRE BAC” products, relevant accessories and/or packaging, whether registered or not, are and shall remain exclusive property of us. The reproduction, in whole or in part, modification, tampering or use of such trademarks, illustrations, images and logos, for whatever reason and on any support, are strictly forbidden.