Updated on May 3rd 2020

The present version is published in English for convenience purposes only. In case of any discrepancies between this version and the German version, the German version shall prevail.

General Terms and Conditions

1. GENERAL REMARKS
2. MODIFICATION OF TERMS
3. CONTRACTUAL PARTNER
4. CHARACTERISTICS OF PRODUCTS
5. PRICE
6. ORDER AND PAYMENT
7. TRANSPORT AND DELIVERY
8. PACKAGING
9. RETURNS
10. DEFECTS
11. PRODUCTS’ CARE
12. SIZING
13. PRIVACY
14. GOVERNING LAW AND JURISDICTION

1. GENERAL REMARKS

For all deliveries to customers of Bernd Serafin Thaler (§ 1 KSchG) these Terms and
Conditions (GTC) apply.

Costumers are consumers under the Austrian Costumer Protection Act (KSchG) and thus natural or legal persons who are not entrepreneurs. An entrepreneur is someone who belongs to the business for the operation of their business. A company is any stable organization with an independent economic activity, they may not be directed at profit. Legal entities of public law shall always apply as an entrepreneur.

2. MODIFICATION OF TERMS

Bernd Serafin Thaler may at any time amend the GTC, without prior notice. It is Your responsibility to regularly check the GTC to remain informed of their latest amendments.

3. CONTRACTUAL PARTNER

The purchase agreement comes with the company BERND SERAFIN THALER (owner: Bernd Serafin Thaler, Siebenbrunnengasse 88/1/11, 1050 Vienna – Austria). Bernd Serafin Thaler is member of the Austrian Federal Economic Chamber and operates a shoemaking industry. Our VAT-ID is: ATU68741926.

You can contact our customer service for questions and complaints via e-mail at office@berndserafinthaler.com.

4. CHARACTERISTICS OF PRODUCTS

The presentation of products in the online shop is not a legally binding offer but an invitation to order. Errors excepted.

Images of the Products are provided for information purposes only and shall not be representative of the characteristics of the Products, in particular with respect to general appearance, color or any other characteristic.

5. PRICE

Products’ price is stated in Euro (€) and with all taxes included.

You understand and agree that Products may be subject to customs duties, postal, tax or any other additional costs to transport, import or deliver the Products in Your country of residence or delivery. These taxes are independent from Bernd Serafin Thaler’s control.

6. ORDER AND PAYMENT

All orders are subject to stock availability of the Products. Items in your shopping basket are not reserved and may be purchased by other Users until the confirmation of Your Order.

Products are available for Your personal use only and not for resale. By placing an Order on the Site, You warrant that You will use the Product for Your personal use only.
Bernd Serafin Thaler, in its sole discretion, reserves the right not to confirm an Order, including but not limited to where there is an assumption that the User will place an Order for resale purposes.

To place an Order on the Site, You must fill out the Form and follow the instructions of the Site and agree to the General Terms and Conditions (GTC) and the privacy policy.

When completing the form, You must specify the means of payment that will be used to complete the Transaction in response to Your Order, subject to acceptance by Bernd Serafin Thaler. Each Order is checked paying particular attention to the billing address, the delivery address and the credit card used.

The following means of payment are accepted by Bernd Serafin Thaler:

1. Visa
2. Master Card
3. PayPal
4. Sofort Banking

We only accept cards of individuals (excluding company cards) residing at the billing address.

Billing information indicated in Your Order must correspond to the card holder. Bernd Serafin Thaler may contact the card holder directly if necessary for verification and ask him/her for additional information. Such verifications may extend the delivery time. If this condition is not fulfilled and/ or Bernd Serafin Thaler fails to reach the holder of the card, Bernd Serafin Thaler reserves the right to cancel Your Order.

Subject to the acceptance of your Order, Bernd Serafin Thaler will send You a confirmation of the conclusion of the Transaction to the email address that You provided when placing the Order.

The Transaction will only be concluded when Bernd Serafin Thaler will have confirmed its acceptance by sending You the confirmation email including a summary of the Order, the price of the Products, the date and time of the Order, the shipping fees, the taxes and custom duties and the mean of payment chosen by You.

Any Order placed on a holiday or weekend will be processed the next business day.

If You wish to cancel or modify your Order before the shipment of Your Products, You may contact Bernd Serafin Thaler as soon as possible at eboutique@berndserafinthaler.com.
Bernd Serafin Thaler will use its best endeavors to fulfill Your request. However, this request will be handled as a simple wish, which Bernd Serafin Thaler will handle in its sole discretion. Bernd Serafin Thaler cannot warrant that the Order will be canceled or modified upon Your request.

7. TRANSPORT AND DELIVERY

Products will be delivered exclusively to the address mentioned in the Form at the time of the Order. You will be charged the shipping fees, which vary according to the place of delivery of the Products. The amount of the shipping fees is indicated at the time of placement of the Order.

You agree and recognize that shipment’s options vary, depending on the country where Your Order has to be delivered. The recipient’s signature is always required.

Bernd Serafin Thaler undertakes to ship Your Order as soon as possible after completion of the Transaction. Bernd Serafin Thaler shall not be liable for late delivery, damage due to transportation or any other damage directly or indirectly related to the shipment of Products.

At the time of delivery of Products, You are responsible for immediately verifying that the packaging is intact and has not been altered in any way whatsoever. Should the packaging be damaged, You shall be responsible for taking detailed pictures of the box and of the Products, for immediately reporting the alleged damage to the carrier in charge of delivery and for informing our Customer Service within three days.

In the absence of such express reservation of Your rights, delivery shall be considered as accepted by You and no dispute on the packaging shall be validly brought afterwards.

8. PACKAGING

All Orders placed on the Site are sent with their original box and accessories (such as a dust bag, repair tap-heels for shoes if any, depending on the type of Product), and carefully packed.

9. RETURNS

Within fourteen days from delivery, Bernd Serafin Thaler may accept unused Products in their original condition, including undamaged boxes and all related accessories included when you opened the parcel and proceed to a refund if the original purchase receipt is sent with the products. Please note that we cannot refund any customs and import fees.

Please send all returns to the return address below:

Bernd Serafin Thaler
Siebenbrunnengasse 88/11
1050 Vienna
Austria

Please note you are responsible of handling any costs of returning items to us. We strongly recommend that you use a trackable courier service to return your items to us as they are under your responsibility until they reach us.

Please inform our customer service about your return including the courier & tracking number by e-mailing eboutique@berndserafinthaler.com

Returns from outside of the EU must be invoiced as “RETURNED GOODS – OF NO COMMERCIAL VALUE” to prevent them being held at Customs. Please note that the customer is liable for extra fees incurred for incorrectly marked returns, should they be held at Customs.

Bernd Serafin Thaler will not accept any return of Products that appear to have been used or have been damaged.

In particular, the outsole of the shoes is fragile and shall remain unmarked and in its original condition. You shall try the shoes only on a clean and carpeted surface until you are certain to keep them. Bernd Serafin Thaler reserves the right to refuse the return of the Products or to accept it by deducing the handling and repair costs, if the Products have been returned with an apparently damaged outsole.

Face masks must be returned unworn and with the protective layer still attached.

If the returned Product has been damaged due to improper packaging, Bernd Serafin Thaler reserves the right to refuse its return or to accept it with a partial refund only (price reduced with repair costs).

Following receipt of your products in return, and provided that the return conditions are met, Bernd Serafin Thaler shall notify you by email that the total or partial refund of your Order is being processed. A credit shall then be issued in the same form as the original payment. Depending on your financial institution, the refund may take up to 10 working days after Bernd Serafin Thaler has sent you the confirmation of the return.

10. DEFECTS

Bernd Serafin Thaler undertakes to ensure that high quality standards are continuously met in the manufacturing of all Products. Every Product is controlled before being shipped.

However, if Your Product shows any defect, please contact the Customer Service immediately, and no later than five days from the date of delivery, at the following email address: eboutique@berndserafinthaler.com.

In such case, You must indicate in Your email the alleged defect and join every supporting document (detailed photos of the Product, purchase date, number of the Order, etc.).

After considering these elements, Bernd Serafin Thaler reserves its right to recover the Product to conduct a physical investigation.

In case of a recognized defect, Bernd Serafin Thaler undertakes to either replace the defective Product to the extent of available stocks, or to either partially or fully refund the purchase price to You, depending on the nature of the defect.

Bernd Serafin Thaler reserves the right to refuse to follow up on a late claim, a claim relating to a defect for which You are responsible, or which derives from the nature of the Product (certain Products might have some uneven parts and/or irregularities which are parts of the manufacturing process or correspond to the material used).

11. PRODUCTS’ CARE

The lacquer of the soles wears out with the use of the shoes. This is not a manufacturing defect of the shoe, but a consequence of wear and tear arising from normal usage.

Bernd Serafin Thaler strongly recommends that You consult a professional in leather care or a shoemaker for specific care advice.

In order to keep Your Products in good condition, it is recommended to follow a general leather care as follows:
-keep the leather area clean and dry using a dry soft cloth;
-always store your products away from light and heat;
-protect your leather good from rain and moisture;
-store Your Products in the Bernd Serafin Thaler dust bag provided to You when You are not using them;
-avoid contact with abrasive surfaces.

12. SIZING

The size information is included with the description of each Product. Bernd Serafin Thaler provides the informative chart below to help You find the perfect size.

If You have additional questions, please contact the Customer Service by sending an email to eboutique@berndserafinthaler.com.

13. PRIVACY

BERND SERAFIN THALER is committed to protect your privacy and personal information. We appreciate your visit to our online boutique and would like to inform you in detail about the handling of your data.

You can visit our site without providing any personal information. We only store data without reference to individuals. This data is used solely to improve our offer and permit no conclusion on your person.
Further information can be found in our privacy policy.

14. GOVERNING LAW AND JURISDICTION

Should any provision of these General Terms and Conditions prove to be invalid, this shall not affect the validity of the remainder of the provisions. The relevant statutory provisions shall apply in place of the invalid provision.

These General Terms and Conditions are governed by the laws of the Republic of Austria.

To the extent legally permissible, the place of performance and the legal venue for deliveries and payments, as well as for any and all disputes arising between the parties, is Vienna (Austria). For final consumers, the place of performance and the legal venue is the seat of the purchaser. If a private final consumer is not resident in a Member State of the European Union, the legal venue shall be Vienna (Austria). When dealing with final consumers, within the European Union, the laws of the state of residence of the final customer can apply, provided the laws concerned are mandatory consumer protection provisions.