FIVE POCKET - hereinafter referred to as “Seller”

1. General These general terms and conditions apply to contracts between the seller and buyer/customers as well as to the delivery of the goods purchased. By placing an online order, the customer agrees to these terms and conditions and is bound to them.  

2. Terms of sale All information on the website is merely an invitation to submit an offer. The presentation of the products in our online shop is not a legally binding offer but represents a non-binding online catalog. The information does not constitute an offer on our part or a legally binding contract. By placing an order, the customer submits an offer to purchase the products listed in the order.

After receiving the order, we will send you an order confirmation by email. This does not result in an acceptance of the customer's contract offer. The offer will only be accepted upon receipt of a shipping confirmation. By accepting the offer, we do not assume any procurement risk for the goods concerned. 

3. Prices The prices shown on the Website include Austrian VAT of 20%. Prices are quoted in Euro (EUR) and do not include shipping service or payment costs. Should export or import duties become due during shipment, these shall also be borne by the buyer. We reserve the right to make changes.

4. Delivery and shipping The goods are delivered to the address given by the customer. We hand over the goods to a shipping company that delivers the goods in accordance with our general terms and conditions. The delivery time for the desired product results from the description of the goods in our offer. We endeavor to send the products you have ordered as quickly as possible. 

We are not liable for delays in delivery for which the shipping company is responsible. Delivery and service delays due to force majeure and due to events, that make delivery significantly more difficult or impossible for us (this also includes subsequent material procurement difficulties, operational disruptions, strikes, lockouts, staff shortages, lack of means of transport, official orders, etc. even if they are with our Suppliers or their sub-suppliers enter), we are not responsible even for bindingly agreed deadlines and dates. They entitle us to postpone the delivery for the duration of the hindrance plus a reasonable start-up time or to withdraw from the contract in whole or in part because of the part of the contract that has not yet been fulfilled.

If the hindrance lasts longer than 6 weeks, the customer is entitled, after setting a reasonable grace period, to withdraw from the contract regarding the part of the contract that has not yet been fulfilled.

5. Retention of ownership The goods remain our property until the purchase price has been paid in full. The buyer is not authorized to sell, dispose of or encumber the goods before they have become his property. 

If the buyer acts contrary to the contract, if the buyer does not meet his payment obligation despite a reminder from the seller, the seller can withdraw from the contract after setting a reasonable deadline and demand the surrender of the goods still in his property. The withdrawal of the goods by the seller constitutes a withdrawal from the contract. The buyer is responsible for all applicable freight costs. The seizure of the goods by the seller always implies a withdrawal from the contract.

After receiving the goods back, the seller is authorized to dispose of them. The sales proceeds are to be offset against the seller's liabilities - less reasonable sales costs.

6. Right of withdrawal Buyers or consumers within the meaning of the Consumer Protection Act, may withdraw from a distance contract within a period of 14 days from receipt of delivery of the ordered goods. It is sufficient if the declaration of withdrawal is sent within the period. This right of withdrawal does not apply to special orders (reduced goods), used goods and goods not in their original packaging are also excluded from the right of withdrawal. In the event of withdrawal, a full or partial refund of any payment already made will only be made concurrently with the return of the goods received by the customer. 

Please send us the goods in the original shipping box to the following:

FIVE POCKET Malenkovic e.u Breitenfurter Straße 241/1/13 1230 Vienna, Austria

The customer bears the costs for the return, shipping costs can generally not be reimbursed.

7. Warranty We would like to point out that there is no warranty case if the product had the agreed quality when the risk passed. A warranty case does not exist in the following cases in particular:

- in the event of damage caused to the customer by misuse or improper use,
- in the event of damage caused by the fact that the products are harmful to the customer Have been exposed to influences (exceptional physical stress).

Upon arrival, the customer must immediately examine the consignment for its identity as well as for transport and storage defects and notify us immediately of any defects or losses by means of a report from the carrier and in writing. Incidentally, obvious defects must be reported to us in writing immediately but no later than two weeks after delivery. 

8. Payment and delivery cost Payment is made at the buyer's choice using PayPal and Apple Pay or by credit card. We accept VISA and Mastercard as credit cards. All prices are gross prices, i.e., including statutory sales tax, but plus shipping costs. Shipping costs are shown in the payment process depending on the address provided.

9. Liability Claims for damages due to all service disruptions and from unlawful acts are excluded both against us and against our vicarious agents and vicarious agents, unless the damage was caused intentionally or through gross negligence. We are not responsible for delivery delays caused by delays in production. 

10. Data protection The buyer agrees that the data provided by him may be stored and processed in compliance with the provisions of the Data Protection Act. The buyer expressly agrees to the inclusion of his address data in our customer file and declares that he/she agrees to receive customer information until further notice. The data will of course be treated confidentially and will not be passed on to third parties.

11. Copyrights The seller has copyrights to all images, films and texts published on the www.atelierfivepocket.com website. Use of the images, films and texts is not permitted without the express consent of the seller. 

12. Applicable Law and Jurisdiction It is exclusively Austrian law to apply to all legal transactions between the seller and the customer, if there are no compelling statutory provisions to the contrary. The applicability of the UN sales law is excluded. The competent court is exclusively and, if necessary, the competent court at the company's location.

13. Severabillity Should a provision of these general terms and conditions be ineffective, this shall not affect the effectiveness of the remaining provisions. 

14. Vendor information 

FIVE POCKET
Voja Malenkovic, registered sole proprietor
UID number:  ATU 67295713
Breitenfurter Straße 241/1/13
1230 Vienna, Austria
Tel. +43 (0) 664 25 75 292
contact@fivepocket.at