TERMS & CONDITIONS OF SALE

TERMS & CONDITIONS OF SALE

WELCOME TO REFISHED's ONLINE SHOP!

The following Terms and Conditions of Sale (in the following referred to as “Terms”) apply to all orders and the purchase of any products through the REFISHED Online Shop at www.refished.com, below referred to as “Online Shop”. Please read carefully before ordering products from this Online Shop.

Orders may only be placed through the Online Shop by individual consumers and corporations purchasing goods other than for resale. REFISHED products are exclusively intended to be sold to end consumers, with the exclusion of all resellers or intermediaries acting on behalf of resellers. Consequently, by placing an order, you affirm that you are acting as the end consumer and do not intend to resell REFISHED products for any commercial purposes.

To place an order you must be 18 years of age or older, and resident in the EU.

By placing an order, you agree to be bound by the Terms set out hereafter. We ask you to make sure you have read and understood the Terms before placing an order. We recognise rules that differ from the Terms only if they are confirmed by us in writing.

We reserve the right to amend these Terms from time to time without prior notice to you. The version of the Terms that will apply to your order will be those on www.refished.com at the time you place your order.

CONTRACTING PARTIES

This Online Shop, for the sale of goods via the Internet, is operated by REFISHED fair fashion e.U., Semperstr. 58/3, 1180 Vienna – Austria, which is legally represented by Mag. Elisabeth Vogler, who is acting as owner and CEO.

Contact Details:

REFISHED fair fashion e.U.
Semperstr. 58/3
1180 Vienna  - Austria
Firmenbuchnr. / commercial register no.: FN 384720 s
Telefon / phone : phone: +43/664/1123222
E-Mail / email: office@refished.com

(the above altogether referred to as “REFISHED”)

BUYER SELLER CONTRACT

Your orders through the Online Shop are binding offers for entering into a contract. We are free to either accept these offers within 14 days of receipt or to reject them by sending you a notification. There is no binding contract to purchase formed until we have accepted your order. This acceptance is effected by the shipment of the ordered products.

PRODUCTS

In our Online Shop we sell original REFISHED products only.

We offer the following ranges:

- „CEMENT“, a range of bags and accessory made of upcycled cement bags (= woven PVC), produced by people with disabilities in a small social workshop in Phnom Penh, Cambodia,
- „FISH“, a range of bags and accessory made of upcycled fish food bags (= woven PVC), produced by people with disabilities in a small social workshop in Phnom Penh, Cambodia.

- „FLAGS“, a range of bags an accessory made of upcycled museum flags, handmade by sewers in Vienna, Austria.

- „SHOES“, a range of espadrilles shoes made of upcycled cotton, handmade by sewers in Phnom Penh, Cambodia in a fair fashion workshop.

About the material (used fishfood and cement bags)

We would like to point out that the prints on the bags already were on them while the packaging bags were living their „first live“. We are not the owner, nor the producer oft he first live product/brand – we simply collect the used material and make new fashion and accessory bags out of them.

Furthermore, we cannot influence and are not responsible for the longevity oft he print on the sacks, nor the sacks themselves as we did not produce this base material.

Quality Promise

We do care about the quality of sewing, the added material and the finishing of every REFISHED product. For any default please contact us and we do our best to repair it. Please write us to office@refished.com.

Availability/Appearance/Change Of Products

Product models that can be purchased through the online shop are shown on this website. As the base material is scarce, a product color may suddenly be sold out even though it is shown as "in stock" in the shop.
If you want to be sure that the product you want is available, please send us an inquiry before placing your order so that we can let you know if it is available. Please also note that the products in the pictures are only example photos and that the product you will be delivered may differ from the photo in terms of color or the imprint and section. For certain larger products (e.g. Soulmate, backpack) we guarantee that the iconic letter or symbol (e.g. the fish) is positioned on the front of the product, this case is clearly stated in the product detail. In the case of smaller products (e.g. purses, small bags...) the processed section of the base material is very random and often consists of letters and numbers.
We process the whole sack and therefore the fish (pr other symbol) cannot be on every product. If, for example, you really want the "fish", please specify it in the request field in your shopping bag.All product types are available while supplies last.
The offering of products on our online store at any given time does not imply or guarantee that these products will be available at any time.
We exclusively exclude any liability for items that are not in stock or for products that are unavailable or slightly different from the products shown. We reserve the right to discontinue any product at any time.
We aim to represent as accurately as possible all attributes of our products including design, patterns, colours, branding and material. However, the images displayed in your browser may depend on your device and its settings. Also, we cannot guarantee that all attributes of our products and the genuine products you have purchased are accurately represented in the photographs as we only sell individual items and as mentioned above the photographs are examples. Because all of our products are unique originals, the characteristics of our products, including design, patterns, colours, branding and material, may vary from the product photos displayed online.
We make no representation or warranty to any actual or prospective purchaser or owner of any product displayed on our online store as to the accuracy, description or condition of any product.We also expressly reserve the right to change the design, appearance, branding and/or material of the products offered at any time without prior notice.

DELIVERY AND CHARGES

The following processing and delivery values will apply to all orders in our Online Shop. All values are given in Euro currency (€).

Standard shipping within Austria is € 4,90.
Standard shipping to Germany is € 5,50.
Standard shipping to Slovenia is € 8,90.

If the order value is above € 75 we ship for free (Austria, Germany, Slovenia only).

Standard shipping to European zone is € 12,00.
If the order value is above € 100 we ship for free (EU zone).

On special request: Express shipping within Austria is € 12,00 (if ordered until 11 midday, delivered 2 days later in the morning).

We ship within the European Union mainly.
If you wish delivery outside the EU, please contact us for rate and details. Please be informed that any customs or duties that may occur have to be carried by the receiver and are his/her responsibility.
If you wish for Express Shipping within the European Union, please contact us via phone or email: +436641123222.

We aim to process all orders in as little time as possible. However, please note that our REFISHED pieces are handcrafted and may be manufactured upon your request for you especially.

We process your order within 1-4 days after money receival. Delivery service time to Austria is around 1-2 days, to Germany 3-4 days, to EU countries 2-5 days, to USA 6-10 days, other countries on request. Delivery may take a little longer during high season. If you request so, we will make efforts to deliver the products at a specific time, but generally cannot make binding promises to do so.
Any failure to deliver or late delivery exceeding 10 business days must be reported to us.

Before you place your order, you will be informed of the expected delivery details. However, delivery times cannot be guaranteed.

Please note that the maximum value for each order is € 2.000.

You will receive an email notification once your order is processed and ready for shipping. Orders will be shipped using a trustworthy local or international shipping company.
International delivery costs do not include any taxes or duties which may be applied by customs at the destination country and any duties or taxes incurred are the responsibility of the delivery recipient. Having accepted our policies "AGB" you agree to this fact and we cannot accept return because of arising custom fees. For more information on taxes, duties and customs regulations please contact your local customs office directly.

If we are unable to deliver your order or if more than one delivery attempt is necessary there may be additional charges for delivery.

If the products ordered cannot be delivered within 30 days following the day after your order, we may withdraw from the contract, even if we previously confirmed that we were entering into it. If we withdraw, you will be informed and reimbursed immediately.

All deliveries are made by registered mail or courier and will require a signature when delivered. Notably for security reasons, REFISHED shall not process any order for which a general delivery address, a P.O. box, a university residence address or a Fedex address has been provided.

The products will be shipped to the delivery address specified when placing your order.

The risk of loss and damage to the goods passes to you when you or a third party indicated by yourself have acquired the physical possession of the goods. If you, however, have commissioned a carrier that has not been offered by us the risk will pass to you upon delivery to the carrier.

Upon receipt the shipment must be checked by you for accuracy and completeness.

PRICE AND PAYMENT

The total price of your order, including shipping fees, will be shown at the end of the checkout process. By confirming the order, you state that you agree to the price.

Any order placed through the REFISHED Online Shop must be paid for immediately at the time of ordering.

We accept payments via
- Paypal
- Credit Cards (using payment partner app “stripe”)

Please ensure that the billing address entered on your order matches the address the payment card is registered to. Otherwise, we will not be able to process your order.
Your order will only be dispatched after your payment method has been verified and upon receipt of your card’s debit authorization. If the institution that issued the credit card refuses to make payment to us, we are not liable for delays or non-delivery.
For foreign payments using credit cards, a foreign transaction fee may be charged by the institution that issued your credit card. This is neither our fault nor our responsibility.

Until we have received your payment in full, all goods remain our property.

WITHDRAWAL RIGHT

As a consumer you have 14 calendar days after receipt of your order to decide if the item you ordered is right for you. Within 14 days you have the right to withdraw from this contract without giving any reason. The withdrawal period will expire after 14 days on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the products.

To exercise the right of withdrawal, you must inform us

REFISHED fair fashion e.U.
Semperstr. 58/3
1180 Vienna  - Austria
Firmenbuchnr. / commercial register no.: FN 384720 s
Telefon / phone : +43 664 1123 222
E-Mail / email: office@refished.com

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or email). If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by email) without delay.

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

Effects of Withdrawal

If you withdraw from the contract, you shall send back the products without undue delay and in any case not later than 14 days from the day on which you communicate your withdrawal from this contract to us.

If you withdraw from the contract we will refund any products, provided that they have been kept in perfect, original, and unused condition prior to their return with its original tag intact and attached. REFISHED determines in its sole discretion whether the products are in their original condition when returned.

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods to

REFISHED fair fashion e.U.
Semperstr. 58/3
1180 Vienna - Austria
phone: +43 664 1123 222
email: office@refished.com

without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

Please note that you will have to bear the direct cost of returning the goods if you decide to withdraw from your order. To ensure a safe return of these items please use insured shipping. Otherwise you are held resposible fort he loss and we cannot reimburse you. You are required to use the same delivery company that has delivered the goods to you i.e. the company selected by us. The cost for return shipping is estimated at a maximum of approximately EUR 10 (within EU).

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
If you fail to follow our instructions regarding insurance we cannot be held responsible for loss, damages, or additional costs during shipping.

WARRANTY

We strive to provide you with products that live up to your high expectations in quality and appearance.

If the item you have received is defective, please notify us promptly and return the item without delay as stated in the „Withdrawal“ section. In such case you may at your option demand that the contract be revoked or – if the products are still deliverable – that they shall be replaced. No independent guarantee is provided in addition to that.

The provisions set forth herein do not limit any applicable statutory rights. Please contact our REFISHED team directly if you have any queries, and provide them with as much information as possible regarding your order and your concerns.

LIABLILITY

REFISHED is only liable to you for damages caused intentionally or by gross negligence.

This limitation of liability applies to all claims for damages, regardless of the legal basis, to include unauthorized actions; they do not apply to any liability that may apply under the Product Liability Act, some other warranted characteristic or injury to life or limb. Exemption from or limitation on liability for damages under the previous paragraphs also applies to any claims that may exist against employees or agents of REFISHED.

RIGHTS OWNERSHIP

All intellectual property rights in all text, images and other materials on this Website, such as trademarks, design- and copyrights are the property of REFISHED and any use of such protected content, including copying or storing such content in whole or part, other than for your own personal, non-commercial use, is prohibited and will be subject to legal persecution. You are advised that REFISHED will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution, for serious offences.

SEVERANCE AND MISCELLANEOUS

If one of the provisions of these Terms is or becomes invalid or unenforceable, that will not affect the effect of any other provisions.

Thank you for your interest in REFISHED and happy shopping!