Benjamin SIZETWO Hoefler
Windhuker Straße 54 C
a. These terms and conditions are relevant to every order that is placed and every agreement that is reached through sizetwo.at.
b. By placing on order on sizetwo.at you agree with the terms and conditions of sizetwo.at.
c. Unless explicitly agreed upon by all parties involved and confirmed in writing by sizetwo.at, deviations from these terms and conditions are not applicable to any orders or agreements reached through sizetwo.at.
2. Orders and contracts of sale
a. The products shown on sizetwo.at are part of a non-binding online catalogue; they are not a legal binding product offering.
b. When you place an order on sizetwo.at you will be asked to confirm your order when you reach the final step of the ordering process. After confirming your order, you have placed a binding order for the chosen products.
c. After placing your order, sizetwo.at will send you a confirmation email to confirm that your order has been successfully received. The email will be sent to the email address you provide us with during the ordering process.
d. The order confirmation does not yet constitute a contract of sale. The order confirmation is only intended to inform you of the fact that sizetwo.at has received your order.
e. A binding contract of sale comes into place after payment is received and sizetwo.at confirms shipment of the product.
f. If payment is not successful, the order will automatically be cancelled and a contract of sale will not come into place.
3. International orders
a. International orders outside Europe may be subject to custom charges. If you live in a country outside Europe and customs charges are imposed on your order, you will have to pay for these charges upon delivery of your order. As we have no control over custom charges, please understand that sizetwo.at cannot be held responsible for any additional custom charges imposed on your order.
a. If a product is out of stock sizetwo.at will automatically inform you.
b. In the event you place an order for a product that is out of stock and you were not informed in time, e.g. due to technical defaults, sizetwo.at has the right to cancel your order. If you have already paid for the product, sizetwo.at will reimburse you for the exact amount you paid.
a. All prices shown on sizetwo.at are shown in Euros.
b. You will be charged the prices as shown on sizetwo.at at the time you place your order.
c. Prices shown include German VAT (7% on originals, limited edition prints and books; 19% on all other products) and exclude shipping costs.
d. For orders that are shipped to an address outside of Europe, VAT will be deducted from your final balance at the end of the ordering process.
e. The exact shipping costs are automatically calculated when you place your order and will depend on your shipping address, the weight and the size of your order.
f. Sizetwo.at has the right to cancel the promised products in the event that the prices were incorrectly shown due to technical defaults.
a. You can pay for your order using any of the following payment methods: Creditcard or PayPal.
a. Your order will be shipped after your payment is received.
b. When payment for your order is received, we will process and ship your order within 1 to 5 business days. Products will be shipped to the address you provided us with when you placed your order.
c. As soon as your order is shipped you will receive a confirmation email including track and trace details.
d. Shipping within Europe generally takes 3 to 7 business days from the day of shipment. Shipping outside of Europe generally takes 7 to 15 business day from the day of shipment.
e. These delivery times are an indication, not a guarantee. Longer delivery times than the delivery times indicated here, will not entitle you to compensation, to cancel your order or to revoke your contract of sale.
f. Shipping costs are automatically calculated when you place your order and will depend on your shipping address, the weight and the size of your order.
g. Although it is unlikely, customs officials are authorized to open packages for inspection. As this is out of our hands, please understand that we cannot accept responsibility for any orders delayed by foreign customs. Additionally, custom duties, which are not included in our product or shipping charges, may or may not be imposed by customs officials in your country. Our customers tell us that fees are consistently not collected on small parcels. Contact customs officials in your country for more information on how your order will be handled by them.
h. We ship our products with DHL. International packages are usually handled by a second national shipping company once the package has gone through customs. The number of delivery attempts vary based on the country of delivery and based on the shipping company that handles shipment. In general, packages addressed to private clients are offered twice before the package is brought to a pickup location; packages addressed to business clients are generally only offered once. In the event that your package is brought to a pickup location you will be informed by the shipping company that is in charge of the delivery. Should you fail to collect your package at the designated pick up address and the package is returned to us, we will naturally reship the package to you provided that you pay for shipping costs.
i. For all packages it is required that you sign for delivery. Therefore it is important that someone is present at the address at the time of delivery.
j. You should never accept a package that shows signs of damage. In the unlikely event that the shipping company wants to deliver a damaged package to you, decline the package and send an email to firstname.lastname@example.org to inform us of the situation within 1 business day of accepting the package. In the unlikely event that you accepted a package that did not seem damaged on the outside and the product inside is damaged, do not handle the package any further and send an email to email@example.com with images of the damaged product and the original packaging within 1 business days of accepting the package. We will then contact the shipping company to notify them of the situation.
k. If you entered the wrong address during your order process and we are forced to reship your package, please understand that there will be an additional shipping charge equal to your original order.
a. You may return any unused product purchased from us for any reason.
b. To qualify for a refund the product has to be sent back in good condition and the value of the product should not be affected. We do not refund return products that have been used or damaged. We therefore advice you to carefully wrap a return product to prevent it from being damaged.
c. To qualify for a refund you should return the product to us within 14 business days of the email confirming shipment. In this light we advice that upon returning a product you always choose a shipping service with a tracking option.
d. Shipping and handling fees for return shipments are non refundable. As we are a small business with a client base in various countries around the world, we cannot offer to take care of your return shipping costs. When you decide to return a product, you will bear the cost of return shipment unless the product was damaged upon delivery. Please note that you should never accept a package that shows signs of damage.
e. To receive a refund you must obtain a Refund Authorization (RA). You can obtain a RA by sending an email to firstname.lastname@example.org stating your order information and explaining why you wish to return the product. If you return your product without a RA you risk not receiving a refund. You should therefore only send back the product after you have received our confirmation email.
f. We will reimburse you once the complete, unused and undamaged product has been received by us. An email confirmation and a refund will be issued within 30 days after receiving your return product. You will receive your refund via the same payment method used to make your purchase.
g. In the event you return only parts of the product or in the event you return the product in a bad condition, you will be entitled to receive, at your own expense, the (parts of the) product you sent back to us. If you do not wish to receive the (parts of the) product you sent back to us, we are entitled to keep the (parts of the) product and withhold the payment already received.
h. Products that are returned should be sent to the following address:
Windhuker Straße 54C
a. To ensure that your order is complete and without defects, you should examine your order upon delivery. In the unlikely event that your order is incomplete or damaged, do not handle the package any further and send an email send an email to email@example.com with images of the damaged product and the original packaging within 1 business days of accepting the package. We will then contact the shipping company to notify them of the situation. If you do not notify us of incomplete or damaged orders within 1 business day after delivery, you risk losing the right to a refund or a replacement.
b. In case of a damaged product or if we ship the wrong colour or size of the product you ordered, you are entitled to the delivery of a new product that is free of damages. In the event that the product ordered is no longer available, you are entitled to choose a different product that has the same value as the ordered product or to cancel the order. The damaged product should be sent back to the return address as mentioned above (terms and conditions no 8). Once we have received the damaged product, sizetwo.at will send you a new product that is free of damages or reimburse you for the sums already paid if the product you ordered is no longer available and you do not wish to choose a different product. Provided that you are able to send us a copy of the receipt, we will pay for the shipping costs that you incur when returning the damaged product in the form of a refund. A refund to your account will be issued within 30 days after the date on which we received the product.
c. In the event the product you return to us does not show any defaults or coincides with the size or colour you ordered, you will be entitled to receive, at your own expense, the product you sent back to us. If you do not wish to receive the product you sent back to us, sizetwo.at is entitled to keep the product and withhold the sums already received. In this event sizetwo.at will not reimburse you for the shipping costs of the return shipment.
d. Sizetwo.at will not compensate any damage occurring to products due to improper handling.
a. Sizetwo.at is never obliged to pay compensation for damages except if and insofar as the damage suffered was inflicted intentionally or by the gross negligence of sizetwo.at or its employees. Sizetwo.at’s liability for loss of profits, consequential or indirect damages is, however, at all times excluded.
b. In all cases in which sizetwo.at is obliged to pay compensation for damages, this will never be higher than either the invoice value of the product to which or in connection with which the damage was caused, or, if the damage is covered by an insurance policy of sizetwo.at, the amount that is actually paid out by the insurer.
c. Any claim towards sizetwo.at, except those recognised by sizetwo.at, lapses after a period of 3 months from the time the claim arose.
d. Sizetwo.at contains links to third party websites and services that are not operated by sizetwo.at. Sizetwo.at cannot, under any circumstances, be held responsible for the content and quality of these websites and services.
11. Force majeure
a. Sizetwo.at is entitled to invoke force majeure if the implementation of the contract of sale is, in whole or in part, temporarily or not, prevented or impeded by circumstances reasonably out of our control. These circumstances will include, but are not limited to, site or building blockades, strikes, specific work interruptions or work-to-rule slowdowns and lockout, delay in the provision to sizetwo.at of parts, goods or services ordered from third parties, accidents and interruptions of business operations.
b. In the case of force majeure, sizetwo.at will notify you hereof as soon as possible by email.
c. In the case of force majeure, the obligations of sizetwo.at are suspended. If the force majeure lasts longer than three months, sizetwo.at and you as a customer are both authorised to revoke the contract of sale by a written declaration.
12. Governing law
q. In the unfortunate and unlikely event of a dispute between a customer and sizetwo.at , sizetwo.at will inform the customer of the option of Online Dispute Resolution via www.ec.europa.eu/odr/: official website managed by the European Commission dedicated to helping consumers and traders resolve their disputes out-of-court.
b. All disputes arising between customers and sizetwo.at that are not resolved through Online Dispute Resolution (www.ec.europa.eu/odr/) will be dealt with by a German judge in a German court of law, regardless of the customer’s residential address.
c. The application of the UN-Agreement on Contracts for the International Sale of Goods (CISG) of 11 April 1980 is excluded.
13. Copyright and intellectual property
a. Sizetwo.at owns the rights to or has the rights to use all photos and texts displayed on sizetwo.at.
b. Sizetwo.at is and remains the sole and exclusive owner of all trade names, brand names, domain names, copyrights, database rights, registered and unregistered designs and other property trademarks of sizetwo.at.
c. Customers will in no event be granted the property rights of sizetwo.at.
d. Customers are not allowed to register or use the property rights of sizetwo.at in any way.
Despite the constant care and attention we devote to the composition and quality of the content on sizetwo.at, it is possible that the information provided on sizetwo.at is incomplete or incorrect. We cannot guarantee that the information on our website is suitable for the purpose of which the information is consulted. As such we exclude all liability for any direct or indirect damages arising from or in any way related to the use of information on sizetwo.at.
The information on our website is updated regularly and any changes can always be applied with immediate effect. For changes, questions or remarks, please write to firstname.lastname@example.org.
a. Sizetwo.at takes great care in handling your personal information. We will use your personal information only for purposes relating to your order, e.g. to notify you of the status of your order. Personal information is carefully processed and protected and we comply with rules and regulations formulated and governed by the German Bundesdatenschutzgesetz (BDSG).
b. Sizetwo.at collects and stores customer data for the process of ordering and delivering. The information you provide when placing an order on sizetwo.at will be used only for processing your order and for sending relevant information related to your order. Usernames and email addresses are stored and used for registration, saving favourite products and sending out emails related to order handling.
d. Sizetwo.at does not provide any personal data to third parties. Sizetwo.at always takes utmost care to prevent misuse of information by third parties. However, sizetwo.at is not liable for the misuse of information by third parties or failure to comply with privacy regulations by third parties.
e. Sizetwo.at is committed to safe and reliable storage of data and is responsible for technical and organizational security measures (including encryption and passwords) to protect (personal) data against any form of unauthorized access and processing, but cannot give out any guarantees.
f. For changes in personal information or to sign up or sign out for services of sizetwo.at, you can log into your personal page. In “My Account” you can change your name, surname, e-mail address, username, password and sign out or sign in for any or all services.
g. To completely remove your data from sizetwo.at, you can send an email to email@example.com.
a. All questions in relation to your order should be sent to firstname.lastname@example.org.
b. All questions should be written in German or English.
c. We aim to respond to any question or complaint within 3 business days.
17. Amendments and updates
a. Sizetwo.at has the right to change these terms and conditions and the content of the shop at any given time.
b. If sizetwo.at decides to change or update these terms and conditions, the changes will be included in this document and the new terms and conditions will be effective as of the date of publication on sizetwo.at.
c. This document was last modified on the 3rd of December 2017.