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Terms and Conditions of Sale



Contents


(Status: March 2024) 



1. General information


1. Validity of the GTC 

These General Terms and Conditions (hereinafter referred to as ‘GTC’) are the basis for the business activities of those transactions of Huber Holding AG, FN 061259m, Hauptstraße 17, 6840 Götzis, HUBER Digital GmbH, FN 552053v, Exerzierplatz 1, 6841 Mäder, as well as all group companies of Huber Holding AG (hereinafter referred to as ‘HUBER’), which are concluded by distance selling via one of the following web platforms (hereinafter referred to as ‘online portals’): 

 

 
  • SKINY.com 

 

 
  • HANRO.com 

 

 
  • HUBER-bodywear.com 

 

 
  • HOM.com 

 

The GTC form an integral part of all contracts, agreements, offers and other legal declarations concluded by HUBER with business partners (hereinafter referred to as ‘customer’). By entering into a business transaction with HUBER in writing, in person or in any other way, the customer agrees to the validity of HUBER's GTC. 

 

2. Contractual partner   

 

A customer is any user of the online portals who submits an offer to purchase goods via the shop integrated on the platform. The customer becomes a direct contractual partner through the use of the online portals or the purchase contract for goods concluded through them.  
Unless otherwise declared by HUBER during the purchase process, the customer's contractual partner is HUBER Digital GmbH, FN 552053v, Hauptstraße 17, 6840 Götzis, Austria.  

 

3. Contradictions 

 

Deviating terms and conditions of the customer or a third party shall only apply if HUBER has expressly agreed to their validity in writing. 

 

4. Non-binding nature

 

By sending an order, the customer submits a binding offer to purchase the selected products. HUBER is entitled to accept this offer within 30 days. Confirmation of receipt of the order does not constitute acceptance. The contract is only concluded when HUBER has expressly accepted the customer's order or the goods have been dispatched to the customer. 

 




2. Order requirements and process   


1. Ordering process 

 

When the customer orders goods, an offer to conclude a purchase contract for the goods previously selected by the customer is submitted. In order for the offer to be accepted, all necessary information must be provided by the customer. These must be provided by the customer when placing the order. This includes, in particular, first name and surname, a deliverable address, details of the customer's means of payment and a valid e-mail address. The customer receives an order confirmation, which constitutes acceptance of the offer.  

 

2. Purchase price 

 

Unless expressly stated otherwise, all amounts are in euros and include statutory VAT, duties and transaction costs for payment transactions. The purchase price is to be understood as a single purchase price per product during the ordering process. Shipping costs are shown separately. 

 

3. Vouchers, discount codes, promotions 

 

Promotional vouchers that are issued as part of advertising campaigns or gift vouchers that are purchased can also be redeemed as part of the ordering process. The respective conditions of the vouchers, discount codes and promotions apply. If goods are returned whose price reduction is only applicable within the scope of the quantity promotion, the customer is obliged to pay the additional price (price without price reduction) retrospectively. Unless expressly agreed otherwise, the customer may only redeem vouchers of Huber Digital GmbH in the online shop and no vouchers of other companies (including vouchers of other HUBER companies). 

 

4. Payment 

 

In the course of the order process, the customer must select the payment method for the payment of the purchase price, whereby he can choose to pay by credit card (Mastercard, Visa), Google Pay, Klarna or Paypal. If the name of the customer and the name of the credit card holder differ, HUBER may also reject the contract offer for this reason within 7 days of sending the order. In any case, the customer is obliged to pay the entire purchase price, without prejudice to any further claims for damages, if the payment by this third party is abusive or not debt-discharging. 


In order to be able to offer the customer the payment methods of Klarna and Paypal, the personal data of the customer (in particular first name and surname, date of birth, a deliverable address, data on his means of payment and a valid e-mail address) may be passed on to Klarna or Paypal in the form of contact and order data during the checkout process. The personal data transmitted will be processed in accordance with the data protection declarations of Klarna ( or Paypal (https://www.paypal.com/webapps/mpp/ua/privacy-full). When using the Klarna payment methods ‘invoice’, ‘instalment purchase’ and ‘immediate payment’, this requires a positive credit check. The following provisions apply in each case: 

 

 
  • Invoice: Payment term 30 days from dispatch of the goods

 

 
  • Instalment purchase: With Klarna's financing service, the purchase is paid for in fixed or flexible monthly instalments according to the terms specified in the checkout. 

 

 
  • Instant bank transfer: The customer's account is debited after the order has been placed, 

 


In this respect, HUBER forwards the customer's data to Klarna in the course of the order process. The aforementioned payment methods can only be offered with a positive credit check. 

 

5. Terms of delivery 

 

Purchased goods are delivered to the address that the customer has specified as the delivery address in the order. The ordered goods are delivered by professional delivery services. The customer will be informed of the delivery costs to be paid by him before completing the order process; these are then also shown separately in the order confirmation or order confirmation or delivery note/invoice. In any case, the shipping costs are displayed before the order is finalised.  


The delivery dates stated in the course of the ordering process are generally non-binding and - unless explicitly agreed otherwise in writing - are not part of the contract. 


If, due to force majeure (e.g. strike, natural disasters) or other circumstances for which the customer is not responsible, it is not possible to meet any agreed delivery or performance deadline, the customer shall be informed of the expected delay. Any agreed delivery or performance period shall be extended by the duration of such an event. 

 

6. Product images 

 

Die Produktbilder verstehen sich als Beispielbilder und können optisch vom tatsächlichen Produkt abweichen. 

 

7. Reservation of ownership 

 

The goods shall remain the property of HUBER until the purchase price has been paid in full.

 




3. Right of withdrawal and cancellation  


1. Specific cancellation rights of customers  

 

If the customer is a consumer within the meaning of the Consumer Protection Act (KSchG), he is entitled to the cancellation rights of §§3, 3a KSchG and the Distance and Off-Premises Selling Act (FAGG). The customer can withdraw from a purchase contract within 14 days without giving reasons.  

 

 
  • The cancellation period is fourteen days from the day on which the customer or a third party named by the customer, who is not the carrier, has taken possession of the goods.

 

 
  • If the customer has purchased the goods as part of a single order and these goods are delivered separately, the cancellation period begins on the day on which the customer or a third party named by the customer, who is not the carrier, has taken possession of the last goods. 

 

2. Exclusion of the right of cancellation 

 

The customer has no right of cancellation for goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that the seal has been removed after delivery.  

 

3. Form of the notice of cancellation

 

In order to exercise the right of cancellation, the customer must inform Huber DIGITAL GmbH, Hauptstraße 17, 6840 Götzis, by means of a clear declaration (e.g. a letter sent by post or an e-mail) of his decision to cancel this contract. The declaration of cancellation is not bound to any particular form. The customer can use the sample cancellation form for this purpose. The cancellation deadline is met if the declaration of cancellation is sent within the deadline.

 

4. Consequences of cancellation - repayment 

 

If the customer cancels the contract, all payments made by the customer, excluding delivery costs, must be refunded immediately. If the customer has expressly opted for a type of delivery other than the most favourable standard delivery offered, he shall not be entitled to reimbursement of the additional costs incurred as a result. 


Repayment may be refused until either the goods have been returned or the customer has provided proof that the goods have been returned. 


Any refunds shall be made in the manner in which the customer originally paid.  

 

5. Obligations of the consumer in the event of cancellation - return

 

If the customer cancels a purchase contract, he must return the goods received immediately, but at the latest within 14 days of submitting the cancellation notice. The return period shall be deemed to have been observed if the goods are dispatched within this period. The direct costs of returning the goods shall be borne by the customer. These are generally listed on the website under ‘Delivery and returns’. 


The customer must pay compensation for a reduction in the market value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality. This may in particular also be the case when the goods are worn (beyond mere testing) or washed, in which case compensation in the amount of the value of the goods may also be due.  
 
Goods sent to HUBER by mistake will be kept for two months and, if the sender does not notify HUBER, will be destroyed without compensation. HUBER shall be entitled to compensation for expenses (storage costs, research expenses, etc.) incurred in connection with goods wrongly sent to HUBER.   

 




4. Statutory warranty and liability for defects 

 

If the purchased goods have a defect, the customer is entitled to the statutory warranty claims. Warranty claims must be asserted in court within 2 years. According to § 932 ABGB, the customer is entitled to improvement, replacement, price reduction or cancellation of the contract, whereby the customer may initially only demand the improvement or replacement of the item, unless the improvement or replacement is impossible or would involve disproportionately high costs for HUBER. In this case, the customer has the right to a price reduction or, if the defect is not minor, the right to cancellation of the contract. The customer must notify HUBER directly of the defect and send the rejected goods. 


If a price reduction has already been granted due to damage or defectiveness of the goods, a complaint based on this is excluded. 

 




5. Exclusion of liability 


1. No liability for the accuracy of third-party information and for indirect damages 

 

HUBER assumes no liability for the correctness and completeness of information provided to it by third parties, unless the incorrectness or incompleteness of such information is expressly known to HUBER (§ 1300 ABGB). Furthermore, HUBER shall not be liable for indirect damages, consequential damages, loss of profit, pure financial losses, loss of interest and damages arising from claims of third parties or against third parties who are not contractual partners. 

 

2. No liability for minor negligence

 

Furthermore, HUBER shall not be liable in cases of slight negligence. If the customer is a consumer, HUBER's liability shall be limited to cases of intent and gross negligence, irrespective of the legal grounds. If the customer is an entrepreneur, HUBER's liability shall be limited to cases of intent and gross negligence, regardless of the legal grounds.  


Excluded from this general limitation of liability are damages resulting from injury to life, body or health or claims under the Product Liability Act.  

 

3. Limitation of liability in terms of amount  

 

In any case, any claims for damages against HUBER shall be limited to compensation for adequate foreseeable damage, but in any case to the value of the purchase price. 

 

4. No liability for prices  

 

HUBER assumes no liability, guarantee or warranty that no comparable, more favourable products exist on the market. 

 

5. No liability for third parties 

 

HUBER shall only be liable for damages caused by third parties engaged by HUBER in the event of fault in selection. 

 

6. No liability for information or contents of third parties 

 

HUBER shall not be liable for any damage caused by following a recommendation, advice, etc. of a third party, even if it appears on the website.  

 




6. Statute of limitations/preclusion of claims 


 

Unless a shorter statutory or contractual period of limitation or preclusion applies, all claims against HUBER shall lapse if they have not been asserted in court or expressly recognized in writing within one year of the claimant becoming aware of the damage and the damaging party or of the event giving rise to the claim, unless a shorter statutory or contractual period of limitation or preclusion applies. 

 




7. Data protection and cookies


 

HUBER processes the customer's personal data in compliance with the privacy policy and all relevant legal provisions. 
In addition, HUBER uses cookies to personalise the customer's visit to the online portals and to improve user-friendliness. Further information can be found in the privacy policy

 




8. Loyalty Programm | SKINY  FANCY CLUB


 

When you place an order, a customer account is created and you become a member of our loyalty programme. Customer benefits of participating in the loyalty programme include an exclusive birthday discount, early access to special sale promos and much more. All information on the customer benefits can be found here. Information on the processed data can be found here

 




9. Due date, interest on arrears, prohibition of compensation


1. Due date 

 

Invoices are generally due immediately upon receipt without deduction (see ‘Payment’ in detail). If the purchase price has not already been paid directly as part of the order process or no advance payment has been made, the purchase price must be transferred to the bank account stated on the invoice after receipt of the invoice. 

 

2. Interest on arrears, reminder fees 

 

In case of default of payment, HUBER shall be entitled to charge 6.00 % (annually) interest on arrears and reminder fees of at least EUR 10.00 per reminder. 


In the event of default, the customer undertakes to reimburse us for the dunning and collection expenses incurred, insofar as they are necessary for appropriate legal prosecution. In addition, any further damage, in particular that which arises as a result of non-payment incurring correspondingly higher interest on any credit accounts, shall be reimbursed irrespective of fault in default of payment. 

 

3. Prohibition of compensation 

 

The customer is not entitled to offset his own counterclaims against claims of HUBER. This shall not apply to counterclaims of consumers in the event of HUBER's insolvency or if their counterclaim is legally related to HUBER's liability or if it has been established by a court or recognized by HUBER. 

 




10. Provisions concerning the Internet presence 


1. Prohibition of reproduction 

 

The content and structure of the online portals are protected by copyright. The reproduction of information or data, in particular the use of texts, parts of texts or images, is generally not permitted and requires the prior written consent of HUBER. 

 

2. No liability for links to third party websites 

 

HUBER accepts no liability for the content of third-party websites referred to by links or for errors resulting from faulty data transmission. 

 

3. Photos 

 

The product photos shown are to be understood as sample photos and may differ from the goods to be dispatched. 

 




11. Final provisions, law, place of jurisdiction    


1. Alternative dispute resolution

 

The European Commission provides a platform for online dispute resolution (OS), which you can find at www.ec.europa.eu/consumers/odr/. There is no obligation to participate in a dispute resolution procedure before a consumer arbitration board. 

 

2. Severability clause

 

Should one or individual provisions of these GTC be or become (legally) invalid or unenforceable, the remaining provisions of these GTC shall remain unaffected. In this case, the contracting parties undertake to agree on a provision that comes as close as possible to the economic content of the invalid or unenforceable provision. 

 

3. Place of fulfilment and jurisdiction 

 

The place of fulfilment for all obligations arising from contracts concluded with HUBER shall be Götzis, Austria. If there is no mandatory place of jurisdiction for the customer, for example within the meaning of § 14 of the Austrian Consumer Protection Act (KSchG), the exclusive jurisdiction of the competent court for Götzis, Austria is agreed for all disputes arising from or in connection with the business relationship between the customer and HUBER (§ 104 JN). 

 

4. Applicable law 

 

Austrian law shall apply exclusively (also in the case of a foreign reference) to the exclusion of the conflict of laws rules.