Scope and provider
These Terms and Conditions apply to all orders placed by consumers through the Apfel & Stamm online shop (“we”). The provider and contracting party is Das Merch. FlexCo, Peter-Behrens-Platz 6/4, 4020 Linz, Austria. A consumer is any natural person who enters into a transaction for purposes that are predominantly outside their trade, business or profession.
Conclusion of contract
The presentation of products in the online shop does not constitute a legally binding offer but a non-binding invitation to order. By clicking the order button (“Buy now” / “Order with obligation to pay”) you submit a binding offer to purchase the goods in your cart. We confirm receipt of your order immediately by email; this confirmation does not yet constitute acceptance. The contract is concluded once we expressly confirm acceptance of the order or dispatch the goods.
Prices and shipping costs
All prices are in euros and include statutory VAT. Shipping costs may apply in addition to the stated prices and are shown clearly during the ordering process before you complete your order; the current rates are listed under Shipping & delivery.
Payment
Payment is made using the payment methods offered during the ordering process. The purchase price is due upon conclusion of the contract. Payments are processed via the payment service of the Shopify platform or the providers connected to it.
Delivery
Delivery is made to the address you provide in Austria or Germany; we do not currently deliver to other countries. We ship from our production in Portugal. Delivery usually takes 5–8 business days from conclusion of the contract or, for prepayment, from receipt of payment. Partial deliveries are permitted where reasonable for you and incur no additional shipping costs.
Retention of title
The goods remain our property until payment has been received in full.
Right of withdrawal
Consumers have a statutory right of withdrawal. Details are set out in our withdrawal policy. Our returns page describes how a return works in practice.
Sets and partial returns
Our shirts are sold exclusively as a set consisting of one adult shirt and at least one kid’s shirt. A sibling discount is applied automatically to every additional kid’s shirt within a set. That discount is tied to the set: if you return only part of an order, the discount for the remaining items is recalculated and the refund adjusted accordingly. Your statutory right of withdrawal for individual items is unaffected.
Warranty
The statutory warranty provisions under the Austrian Consumer Warranty Act (VGG) and the Civil Code (ABGB) apply. In the event of defects you are initially entitled to repair or replacement. The warranty period is two years from delivery of the goods.
Liability
We are liable for damages – on whatever legal grounds – in cases of intent and gross negligence. For slight negligence we are liable only for breach of a material contractual obligation and for damage to life, body or health. Liability for slight negligence is otherwise excluded. Mandatory statutory liability, in particular under the Product Liability Act, remains unaffected.
Applicable law and jurisdiction
Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer habitually resident in another EU member state, the mandatory consumer-protection provisions of that state remain unaffected. The statutory place of jurisdiction for consumers remains unaffected.
Final provisions
Should individual provisions of these Terms be invalid, the validity of the remaining provisions shall not be affected.