General Terms and Conditions (GTC)
Our General Terms and Conditions are pre‑formulated contractual provisions that apply to purchases made in the Loosebag online shop.
1. Scope and Definitions
For the business relationship between the registered sole proprietorship Loosebag e.U., owned by Raphaela Schiretz, based in Innsbruck (hereinafter “Loosebag” or “Seller”), and the customer (hereinafter “Customer”), exclusively the following General Terms and Conditions in the version valid at the time of the respective order shall apply. Any conflicting or additional general terms and conditions or other conditions of the Customer—regardless of their designation—are expressly rejected. Deviating terms shall only apply if expressly and in writing agreed to by the Seller. Individually negotiated agreements with the Customer (including side agreements, additions, and amendments) take precedence over these General Terms and Conditions, provided their content is set out in a written contract or written confirmation by the Seller. This applies accordingly to any waiver of the written form requirement.
2. Conclusion of Contract / Correction Options
The webpages of Loosebag merely constitute an invitation to the Customer to submit offers to conclude a purchase contract for the presented goods. The order confirmation sent to the Customer by email does not yet constitute acceptance of the contract. The contract is only concluded upon delivery of the goods, which represents the declaration of acceptance. No contract is concluded for goods that are not delivered. Loosebag reserves the right to decline the conclusion of a contract at its own discretion. Minor color deviations of the products displayed on the website may occur due to technical reasons. An order is only possible if all mandatory fields marked with * in the order form are completed. If information is missing or Loosebag cannot process the order for other reasons, the Customer will receive an error message or notification. Before submitting the order, the Customer has the opportunity to review and correct the order. Helpful information is provided during the ordering process. Once the order has been completed, the Customer will be notified via an information window stating: “Your order has been completed and successfully submitted.” This does not yet constitute acceptance of the Customer’s offer.
3. Order Confirmation
The Customer’s order data will be stored. If the Customer wishes to print the order, they may print the “Order Confirmation” that appears on their screen after submitting the order by clicking the “Submit Order” button and after successful verification of payment details. Additionally, the Customer will receive an email confirmation sent to the email address provided, acknowledging receipt of the order. This confirmation does not constitute acceptance of the offer.
4. Prices and Shipping Costs
All prices are stated in EURO. Loosebag informs the Customer of the applicable shipping costs in the order form. The Customer is responsible for covering the shipping costs. If delivery is made to a non‑EU country, the Customer is additionally responsible for all import and export charges as well as any customs duties, fees, and taxes. Any foreign bank charges are also to be borne by the Customer. Customs duties, fees, taxes, and handling charges imposed by the carrier will not be refunded to the Customer in the event of a return.
5. Delivery, Delivery Times, Product Availability, Shipping
For orders placed according to customer‑specific requirements, Loosebag manufactures the ordered bag model(s) based on the Customer’s specifications (size, color, pattern, etc.). For this reason, delivery times of approximately two to eight weeks (for larger quantities) are to be expected. The Customer will be informed of the delivery time when the offer is made. If the selected product cannot be manufactured or delivered within the stated delivery period due to unavailability of required raw materials, production‑related reasons, force majeure, or other circumstances beyond Loosebag’s control, the Customer will be informed immediately. Loosebag will then set a new, reasonable delivery period. If the goods are still not available within the new delivery period for reasons not attributable to Loosebag, Loosebag may withdraw from the contract in whole or in part. Any payment already made will be refunded without delay. If the delay makes acceptance unreasonable for the Customer, they may withdraw from the contract by immediate declaration in text form. If multiple items are ordered, Loosebag may ship them in separate deliveries and will inform the Customer accordingly. Unavailable items will be cancelled. The shipping confirmation lists only the items actually available; the contract is concluded only for those items. Shipping is carried out using GLS or the Austrian Post, depending on which option is more cost‑effective. EMS shipping is available upon request. The risk of damage passes to the Customer upon handover to the carrier, or in the event of acceptance delay. If the Customer receives goods visibly damaged during transport, they may exercise their right of return.
6. Right of Withdrawal
Customers may withdraw from the contract within 14 days of receiving the ordered goods without stating any reason, either in text form (e.g., letter, email) or by returning the goods. Custom‑made products, special orders, and items with personalized engraving commissioned by the Customer are excluded from the right of withdrawal. It is sufficient if the withdrawal declaration is sent within the 14‑day period. In the event of withdrawal, a full or partial refund of the purchase price will be made only concurrently with the return of the goods received.
7. Warranty
If a defect is present in the goods, the Customer is entitled to request subsequent performance (replacement delivery or rectification). Loosebag may refer the Customer to replacement delivery if rectification would involve disproportionate effort. Commercially customary or technically unavoidable deviations in quality, color, size, finish, or design are considered insignificant. No right of withdrawal exists for such minor defects. The Customer may prove that the deviation is significant for them. Warranty claims do not apply if the Customer has altered the goods and the defect was caused by such alteration. Warranty claims must be submitted with order number, name, address, and a brief description of the issue via email to office@loosebag.at, via the contact form, or by post to: Raphaela Schiretz – LooseBag e.U, Währinger Straße 118/4, 1180 Vienna, Austria. Upon request, the Customer shall send the defective goods to the same address at Loosebag’s cost and risk. The original packaging must be used, and multi‑part items must be returned in their original condition.
8. Retention of Title
The delivered goods remain the property of the Seller until full payment has been made. The Customer must inform the Seller immediately in writing in the event of seizure or other interventions by third parties and must point out the Seller’s ownership rights.
9. Payment
Customers may pay by prepayment, invoice, PayPal, Sofortüberweisung, or bank transfer via online banking. Loosebag accepts only the payment methods displayed during the ordering process. All payments and refunds are processed exclusively in EURO. If the Customer selects “invoice,” payment must be made within 7 days after receipt of the goods. If payment is not made within this period, Loosebag reserves the right to charge a reminder fee of EUR 5 with the second reminder.
10. Data Processing and Data Protection
The personal data of the Customer that becomes known to Loosebag in the course of the business relationship will be treated confidentially.
11. Applicable Law and Validity
All contracts and agreements between the Customer and Loosebag are subject to Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of performance is Innsbruck, Austria. Should individual provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions remains unaffected. The relevant statutory provision shall apply in place of the invalid clause.
12. Provider Identification
Raphaela Schiretz – LooseBag e.U
Währinger Straße 118
1180 Vienna
Austria
Represented by: Raphaela Schiretz (sole representative)
Jurisdiction: Vienna, Austria
VAT Identification Number: ATU‑Number
Bank Details: Easybank
IBAN: AT46 1420 0200 1095 8947
BIC: BAWAATWW