Here you will find the General Terms and Conditions governing collaboration with René Aurel in the field of corporate fashion, design development, sampling and custom production.
These General Terms and Conditions apply to all contracts, deliveries and other services provided by René Aurel, O’Brien-Gasse 53/1/AZ5, 1210 Vienna, Austria, exclusively towards entrepreneurs within the meaning of the Austrian Commercial Code.
These Terms & Conditions apply only to business transactions with entrepreneurs. Contracts with consumers are not covered by these Terms & Conditions.
Any deviating, conflicting or supplementary terms of the client shall only become part of the contract if their validity has been expressly agreed to in writing.
Offers made by René Aurel are subject to change and non-binding unless they are expressly designated as binding.
A contract shall only come into effect upon written order confirmation, separate written acceptance, or by commencement of performance.
The specific offer, the written order confirmation, any project-related agreements and these Terms & Conditions shall be decisive for the content of the contract.
René Aurel develops and supplies customised corporate fashion solutions, in particular design concepts, samples, individual pieces, series productions, embellishments and related services.
The client shall provide all information, documents, measurements, logos, approvals, contact persons and other specifications required for the performance of the services in full and in due time.
Delays, additional work or extra costs resulting from incomplete, delayed or subsequently modified information provided by the client shall be borne by the client.
Unless otherwise stated, all prices are quoted net plus statutory VAT and plus any shipping, transport, customs duties, levies or incidental costs.
Unless expressly agreed otherwise, the invoice amount shall be due for payment without deduction within 7 days from the invoice date.
For customised productions, special productions, in-house productions, personalised items, design developments and samples, René Aurel shall be entitled to require 100% advance payment of the order value. In such cases, production shall only begin after full receipt of payment.
In the event of late payment, the statutory consequences of default applicable to business transactions shall apply. In addition, René Aurel shall be entitled to suspend further services, deliveries or processing steps until all outstanding claims have been settled in full.
The client shall not be entitled to offset against disputed or not legally established counterclaims or to withhold payments.
If a sample, prototype or approval piece has been agreed, it shall form the basis for the subsequent series production.
Series production shall only begin after the client has given express approval. Such approval may be given in writing, by e-mail or in any other documented form.
Production-related, material-related or customary deviations from drafts, digital visualisations, fabric cards, samples or previous batches shall remain reserved, provided that such deviations are minor and reasonable for the client. This applies in particular to colour shades, feel, dimensions, weights, placements, embellishment techniques and technically unavoidable tolerances.
In the case of special productions and series productions, customary excess or short deliveries of up to 10% shall be permissible unless expressly agreed otherwise in writing. The quantity actually delivered shall be invoiced.
Delivery periods and delivery dates shall only be binding if they have been expressly agreed in writing as binding.
Delivery periods shall commence at the earliest upon full conclusion of the contract, complete receipt of all required documents, measurements, approvals and other acts of cooperation by the client and, where agreed, upon full receipt of payment.
Requests for changes, additional services, subsequent approvals, delays in communication or other circumstances attributable to the client shall extend delivery periods appropriately.
Partial deliveries shall be permissible insofar as this is reasonable for the client.
If shipment is delayed at the client’s request or if the client is in default of acceptance, René Aurel shall be entitled to store the goods at the client’s expense and risk.
The client shall inspect the delivered goods or services immediately upon handover in the ordinary course of business and shall notify any apparent defects in writing without undue delay.
Hidden defects must be reported in writing without undue delay after their discovery.
If the client fails to carry out the inspection or to give notice of defects in due time, the delivery or service shall be deemed approved in accordance with the statutory provisions applicable to business transactions.
In particular, minor, customary or technically unavoidable deviations in colour, structure, dimensions, weight, fit, embellishment, placement or material-related behaviour shall not be deemed defects, provided that they do not materially impair the agreed usability.
The statutory warranty provisions applicable to business transactions shall apply unless otherwise provided for in these Terms & Conditions.
Warranty claims require that the client has duly complied with its duty to inspect and notify defects.
In the event of justified defects, René Aurel shall, at its own discretion, be entitled to remedy the defect, provide a replacement, grant a price reduction or, where legally permissible, provide another appropriate form of defect remedy.
Liability for slight negligence shall be excluded to the extent permitted by law. This exclusion of liability shall not apply to personal injury or to damages caused intentionally or by gross negligence.
To the extent permitted by law, liability shall be limited to the typically foreseeable damage and, in any event, to the net order value of the affected delivery or service.
To the extent permitted by law, liability for loss of profit, indirect damages, consequential damages, production downtime, reputational damages or pure financial losses shall be excluded.
All drafts, designs, patterns, concepts, visualisations, descriptions, size charts, samples, presentations and other documents created by René Aurel shall remain the intellectual property of René Aurel unless expressly agreed otherwise in writing.
Upon full payment, the client shall receive only those rights of use that are necessary for the specifically agreed contractual purpose.
Any transfer to third parties, reproduction, imitation, third-party production or any other use outside the agreed purpose shall only be permitted with the prior written consent of René Aurel.
If the client provides its own logos, motifs, designs, texts or other materials, the client warrants that no third-party rights are infringed thereby. The client shall fully indemnify and hold René Aurel harmless in this respect.
Delivered goods shall remain the property of René Aurel until full payment of all claims arising from the respective business relationship has been received.
Resale shall only be permitted in the ordinary course of business. The client hereby assigns to René Aurel any claims arising from such resale up to the amount of the outstanding claim.
Austrian law shall apply, excluding its conflict of law rules.
The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
For all disputes arising out of or in connection with the contractual relationship, the court having subject-matter jurisdiction in Vienna shall have exclusive jurisdiction, insofar as legally permissible.
The place of performance shall be Vienna.
Should individual provisions of these Terms & Conditions be or become wholly or partially invalid, void or unenforceable, the validity of the remaining provisions shall remain unaffected.
In place of the invalid provision, such provision shall be deemed agreed which most closely reflects the economic purpose of the invalid provision in a legally permissible manner.
Amendments, supplements or ancillary agreements must be made in writing in order to be effective unless expressly agreed otherwise.