General terms and conditions of business
General Terms and Conditions (GTC)
1. Scope
These General Terms and Conditions (GTC) apply to all orders placed by consumers (§ 1 KSchG) via the online shop at https://theformfollows.com .
A “consumer” is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity (Section 1 of the Consumer Protection Act).
2. Contracting party
The purchase contract is concluded with:
The Form Follows GmbH
Untere Weissgerberstrasse 49/9
1030 Vienna
Austria
+43 1 346 019 915
office@theformfollows.com
www.theformfollows.com
Legal form: GmbH
Headquarters: Vienna
Vienna Commercial Court FN 623813y
VAT ID: ATU80455945
3. Conclusion of contract
The presentation of the products in the online shop does not constitute a legally binding offer, but rather a non-binding invitation to place an order.
By clicking the "Buy now" button, you submit a binding offer to purchase the goods in your shopping cart. Confirmation of receipt of your order will be sent automatically via email immediately after you submit your order and does not constitute acceptance of the contract.
A purchase contract is only concluded when we accept your order by sending a separate order confirmation via email or by dispatching the goods within 3 working days.
4. Prices and payment terms
All prices listed on the website are in euros (€) and include statutory VAT. Any shipping costs will be shown separately during the ordering process.
Payment options:
- Credit card (Visa, Mastercard, etc.)
- PayPal
- Instant bank transfer (Klarna)
- Apple Pay / Google Pay (if enabled)
- Prepayment by bank transfer
If payment is made in advance, shipping will only take place after full payment has been received.
5. Delivery and shipping
Delivery area:
We deliver within Austria and to selected EU countries and the USA. Details about the countries we deliver to can be found on our website.
Delivery times:
Unless otherwise stated, shipping will occur within 3-7 business days after receipt of payment.
Shipping costs:
The exact shipping costs are displayed during the ordering process. Shipping may be free for orders above a certain value (e.g., "free shipping for orders over €75").
Transport damage:
If goods are delivered with obvious transport damage, please report such defects to the deliverer as soon as possible and contact us immediately.
6. Right of withdrawal
Consumers have a statutory right of withdrawal according to Section 11 FAGG:
Cancellation policy:
You have the right to withdraw from this contract within 14 days without giving any reason.
The cancellation period is 14 days from the day
- on which you or a third party designated by you, who is not the carrier, received the goods.
To exercise your right of withdrawal, you must inform us (The Form Follows, [address], email: [email address]) of your decision to withdraw from this contract by means of a clear statement (e.g. by email).
Consequences of revocation:
If you cancel this contract, we will reimburse you all payments, including delivery costs (except for additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), within 14 days from the day on which we are informed about your decision to cancel this contract.
For the refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise. We may refuse to refund until we have received the goods back.
You must return the goods to us immediately, and at the latest within 14 days from the date on which you notify us of your cancellation. You will bear the direct costs of returning the goods.
Exclusion of the right of withdrawal:
The right of withdrawal does not apply to:
- Goods that are manufactured according to customer specifications or are clearly tailored to personal needs.
- Sealed goods which are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery.
7. Retention of title
The goods remain our property until full payment has been made.
8. Warranty
The statutory warranty provisions according to §§ 922 ff ABGB apply.
In the event of a defect, you can choose between repair, replacement, or a reasonable price reduction, provided the defect is not merely minor. If repair or replacement is not possible or reasonable, you can withdraw from the contract.
9. Liability
We are only liable for damages resulting from intentional or grossly negligent breaches of duty. In cases of slight negligence, we are only liable for breaches of essential contractual obligations (cardinal obligations), but this liability is limited to foreseeable damages.
Liability for personal injury remains unaffected. The provisions of the Product Liability Act also remain unaffected.
10. Data protection
Information on the collection, processing and use of personal data can be found in our privacy policy.
11. Applicable law, place of jurisdiction
The law of the Republic of Austria applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers , this choice of law applies only to the extent that it does not restrict mandatory legal provisions of the country in which the consumer has their habitual residence.
The place of jurisdiction is Vienna, unless there is a mandatory consumer jurisdiction.
12. Alternative dispute resolution
Consumers have the opportunity to submit complaints to the EU's online dispute resolution platform: https://ec.europa.eu/consumers/odr
You can also submit complaints directly to us at the email address provided above.
13. Final provisions
Should individual provisions of these Terms and Conditions be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the statutory provisions.