GTC – General Terms and Conditions

    1. The stated General Terms and Conditions (hereafter “GTC”) apply to all agreements between DARYN CHOOK and its business partners and clients, as long as they are not consumers and the provisions below contradict with mandatory legal consumer regulations.
    2. DARYN CHOOK performs all services exclusively to these GTC. Any existing delivery, purchase or contract terms of the customer do not apply without a specific objection by DARYN CHOOK.
    1. DARYN CHOOK collections presented are sample collections. As a result of production there may be slight differences in fabric or colour referring to the sample collection it is part of. DARYN CHOOK produces sizes according to the European scale of sizes.
    1. All dates as below, if not agreed separately.
      Order period: 01.06. – 15.09.
      Order closure: 15.09.
      Delivery period: 15.02. – 15.04.
      Order period: 01.12. – 15.03.
      Order closure: 15.03.
      Delivery Period: 15.07. – 15.09.
    1. Upon order buyer will receive a proforma invoice of the complete order with agreed terms. The proforma invoice shall be checked on its correctness and be confirmed within 7 days of receipt.
    2. Buyer can deposit the payment by bank transfer or credit card.
    3. All payment costs such as bank charges are to be paid by buyer.
    1. Ordered goods are delivered ExWorks EXW, from Vienna, Austria. Transportation costs from Vienna to point of delivery are to be paid by buyer. The buyer can either organise goods to be picked up in Vienna by its own transport company or DARYN CHOOK will organise the transportation for the buyer. In this case DARYN CHOOK will invoice the transportation costs.
    2. All transportation costs such as transportation fees and customs clearance are to be paid by buyer.
    3. Important: Delivered goods remains to property of DARYN CHOOK up to the complete payment.
    4. DARYN CHOOK reserves the right of a subsequent delivery time of 14 days from the initially proposed delivery date
    1. There is a possibility to reorder goods beyond to schedule. In case of reorder the delivery date will be set with consideration of the ordered amount and the availability of the fabrics, but will be minimum 3 weeks upon receipt of payment.
    2. DARYN CHOOK retains the right to change fabrics which do not change the characteristic of the product.
    3. Payments accruing to reorders including the transportation costs [4] are to be remitted 100% in advance to ensure a prompt production and delivery.
    1. In case buyer wants to return goods due to wrong delivery or obvious defects, it must be reported in written form to DARYN CHOOK within 14 days from receipt of the goods. Hidden defects must be reported in written form immediately upon their discovery.
    2. Return of goods cannot be accepted in case of variations in colour, fabric and print [1].
    3. If available DARYN CHOOK will replace returns or will issue an according credit note.
    4. Buyers are responsible for the sizes selected. DARYN CHOOK cannot take the goods back for size reasons.
    1. Orders can be cancelled in written form within 7 days upon receipt of the proforma invoice.
    2. Important: In case of a cancellation upon confirmed proforma invoice, 30% of the overall sum of the order will be invoiced for expense allowance.
    1. Customer required special services such as fabric samples for customs clearance, will be charged with the final invoice or additionally.
    1. All disputes arising out of this agreement or related to its violation, termination or nullity including the Validity of this clause can only be filed at the competent court at the seat or the office of DARYN CHOOK.
    2. This agreement shall be governed by and construed in accordance with the laws of the Republic of Austria. The application of the Austrian Private International Law (IPRG) or other rules on conflict of laws shall be excluded. The applicability of the UN Convention on the International Sale of Goods (“UNCISG”, “Vienna Convention”) is expressly excluded.

I agree with the General Terms and Conditions.

Date:______________________ Signature:____________________________________

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