TERMS AND CONDITIONS (GTC)

(Status: June 23, 2023)

1. validity

The following General Terms and Conditions (“GTC” for short) apply to all sales contracts between ZOE & MAY and a consumer or entrepreneur (“contractual partner” for short) in the version valid at the time the order is placed.

2. Conclusion of a contract, storage of the contract text

2.1. The following regulations on the conclusion of a contract apply to orders via our webshop on the website WWW.ZOEANDMAY.COM

2.2. In the event of the conclusion of the contract, the contract is concluded with ZOE & MAY.

2.3. The presentation of the goods in our online shop does not represent a legally binding contract offer on our part, but is only a non-binding invitation to the contractual partner to order goods. By ordering the desired goods, the contractual partner submits a binding offer to conclude a purchase contract.

2.4. The contractual partner submits a binding contract offer by successfully going through the ordering procedure provided in our online shop.

The order is made in the following steps:

1. On the home page, click on the respective category in the menu
2. Selecting the product
3. Add product to cart by clicking "ADD TO CART".
4. Check shopping cart
5. Confirmation of the "CHECK OUT" button
6. Entry of address, choice of delivery and payment method and entry of payment information
7. Repeat check or correction of the entered data
8. Accept the General Terms and Conditions (GTC)
9. Binding dispatch of the order by clicking the button "PAY NOW" (order with costs)

Before submitting the binding order, the contractual partner can return to the website on which the contractual partner’s details are recorded and correct or correct input errors by pressing the “back” button in the internet browser he is using after checking his information Closing the internet browser cancel the ordering process.

We confirm receipt of the order immediately by an automatically generated email (order confirmation).

2.5. After the order has been received, we will send you the order data by e-mail. You can view the terms and conditions at any time at www.zoeandmay.com/agb . For security reasons, your order data is no longer accessible via the Internet, but is stored electronically by us.

2.6. The purchase contract is concluded with the transmission of an order confirmation, but at the latest with the delivery of the ordered goods.

3. Prices, shipping costs, payment

3.1. The prices quoted are in EURO of the destination country and include the statutory sales tax. There are also shipping costs, which depend on the recipient country. Customs or other import duties are not included and are to be borne by the contractual partner.

3.2. The contractual partner has the option of paying by:

• Credit/Debit Card
• PayPal
• Apple Pay
• Google Pay
• Klarna
• Immediately via Klarna
• eps transfer

4. Delivery

4.1. The delivery of the ordered goods takes place regularly on the dispatch route. The contractual partner can choose between standard and express delivery. The contractual partner shall bear the shipping costs. These are non-refundable.

4.2. Unless clearly stated otherwise in the product description, all items we offer are ready for immediate dispatch. The delivery takes place within one to five working day(s). The period for delivery begins on the day after the conclusion of the contract. If the deadline falls on a Saturday, Sunday or public holiday at the place of delivery, the deadline ends on the next working day.

4.3. Delivery may be delayed for goods that need to be made. The contractual partner will be informed about the planned delivery.

4.4. The risk of accidental loss and accidental deterioration of the item sold is only transferred to the contractual partner when the item is handed over to the contractual partner. If the contractual partner is an entrepreneur, the risk of accidental loss and accidental deterioration of the item sold in the case of mail-order sales already passes to him upon notification of readiness for dispatch and delivery.

4.5. If a package is obviously damaged upon delivery, the contractual partner must insist that this circumstance is recorded in writing by the deliverer. The contractual partner must notify us in writing (by post or email) of any damage to a product within seven days.

4.6. If the delivery time is longer than 30 days, the contractual partner has the right to withdraw from the purchase contract.

5. retention of title

We reserve ownership of the goods until the purchase price has been paid in full.

6. Consumer's Right of Withdrawal

If the contractual partner is a consumer, he has a right of withdrawal.

Right of withdrawal

right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.

In order to exercise your right of cancellation, you must inform ZOE & MAY, Bettina Mayrhofer, Mühlbauerstraße 1, 4407 Steyr, Austria (hello@zoeandmay.com) of your decision by means of a clear statement (e.g. a letter sent by post or e-mail). to revoke this contract. You can request a sample cancellation form from us by e-mail, but this is not mandatory. After receiving your declaration of revocation, we will immediately send you an e-mail confirming receipt of your revocation.

To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation

If you revoke this contract, we must reimburse you for all payments that we have received from you, with the exception of the delivery costs for shipping that has already been carried out, immediately and at the latest within twenty-one days from the day on which we received notification of your revocation of this contract is.

For the repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you. We can refuse repayment until we have received and inspected the goods.

You must return the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.

The return has to be done on your own and all costs incurred for this are to be borne by the customer.

Please note that parcels sent freight collect will not be accepted. Should we nevertheless receive a package freight collect, we will charge you for the resulting costs and deduct them from the refund amount.

You only have to pay for any loss in value of the goods if this loss in value is due to improper handling by you to check the nature, characteristics and functioning of the goods.

End of revocation

7. Exclusion of the right of withdrawal

There is no right of cancellation for goods

1. that have been custom made
2. which are not suitable for return for reasons of health protection or hygiene (e.g. earrings, brassieres, bra stickers).
3. that have been worn (except for trying on), washed, altered, soiled, or damaged.
4. whose label has been removed.
5. that are not returned in their original packaging.

8. Warranty and Compensation

8.1. A warranty claim is excluded unless otherwise stipulated by mandatory consumer protection regulations.

8.2. We accept no liability for damages, in particular not for indirect damage or lost profits, nor for guarantees or product liability, unless mandatory consumer protection regulations provide otherwise.

8.3. If we are responsible for damage according to the statutory provisions, our liability is limited to intent and gross negligence. Our liability is limited to the amount of the specific contract fee. Any further liability is excluded unless consumer protection regulations provide otherwise.

8.4. We assume no liability for the topicality, correctness, completeness and content of the information provided.

8.5. The photographs contained in the product description are only examples. Due to the uniqueness of the products or due to the materials used, there may be a color deviation or a slight difference in size between the actual product and its image on the Internet, but this does not entitle the contractual partner to make a complaint.

8.6. We accept no liability for late delivery resulting from circumstances beyond our control (e.g. later production by the designer of individual pieces, delivery problems with the shipping service provider).

8.7. We are not liable in the event of allergies or intolerance on the part of the contractual partner to any component of the raw materials used in our products. An allergy or intolerance on the part of the contractual partner does not entitle him to make a complaint.

9. set-off, retention

A set-off of claims of the contractual partner against our claims as well as a possible right of retention are excluded, unless otherwise stipulated by mandatory consumer protection regulations.

10. Applicable law, place of jurisdiction, place of performance, written form

10.1. Insofar as mandatory statutory provisions do not conflict with this, Austrian law is expressly applicable; the application of UN sales law is expressly excluded.

10.2. In the event of disputes, the place of jurisdiction is the competent court at the registered office of ZOE& MAY.

10.3. The place of performance is the registered office of ZOE & MAY.

10.4. Changes and additions to this contract must be in writing, this also applies to ancillary agreements and subsequent changes to the contract, as well as the waiver of the written form requirement.

11. contract language

As contract language german will be available exclusively.

12. Severability Clause

Should a provision in these General Terms and Conditions be or become invalid, the validity of the other provisions shall remain unaffected. The invalid provision will be replaced by a valid provision that comes as close as possible economically and legally to the provision to be replaced.