Terms of service
General Terms and Conditions (GTC)
Miwok Europe
As of May 2025
Information pursuant to Section 5 of the Austrian E-Commerce Act (ECG)
Your provider and contractual partner
Miwok Europe
Michael Meisl
Amerling 18, A-6233 Kramsach
Phone: +43 5337 20839
www.miwokclothing.com
Member of the Austrian Economic Chamber
Supervisory authority: District Authority Kufstein
VAT ID: ATU 65954489
Management: Michael Meisl
Managing director’s address: see above
Business purpose: Producer and retailer of clothing, climbing equipment, and books
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1. Scope of Application
All deliveries, services, and offers are made exclusively on the basis of the following terms and conditions in their current version. Any terms and conditions of the customer that conflict with or deviate from these terms are not recognized unless expressly agreed in writing. Actions taken by us in performance of the contract shall not be deemed acceptance of differing customer terms. These terms also apply as a framework agreement for all additional and subsequent transactions. At the latest upon acceptance of the goods or services, these terms shall be deemed accepted by the customer. They also apply to customers placing orders via our B2B online platform.
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2. Prices
Prices and surcharges (e.g. size surcharges, shipping costs) are based on our offers and current price lists. We reserve the right to increase prices by up to 10% until the delivery date if material costs, labor costs, taxes, or duties increase by more than 5% between order acceptance and delivery.
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3. Payment
Payments must be made within 30 days of receipt of invoice without any deductions. Discounts and alternative payment terms require a separate agreement. In case of default, such agreements become void. Payments are deemed made only upon receipt in our business account.
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4. Consequences of Late Payment
In case of culpable delay, business customers are charged at least 1% interest per month; consumers are charged statutory default interest of 4% per year. The customer must reimburse reminder and collection costs incurred. If we handle collections internally, a fee of EUR 2.50 per reminder applies. Interest may be capitalized and collection costs added to the principal. We reserve the right to claim further damages. We are not obliged to deliver further goods until all outstanding invoices, including interest and costs, are fully paid.
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5. Delivery Periods
Delivery periods are non-binding. Partial and advance deliveries are permitted. We are only obliged to deliver once the customer has fulfilled all obligations necessary for execution. If a binding delivery date is exceeded, we may extend the delivery period appropriately without default and adjust prices. The buyer must grant a grace period of at least four weeks.
6. Delivery
Deliveries within Austria and Germany are free of freight for orders above €350 (excluding VAT), uninsured and packaged. Risk transfers to consumers only upon delivery. If the consumer independently arranges transport, risk transfers upon handover to the carrier. All packaging delivered in Austria is licensed via ARA.
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7. Force Majeure
Operational disruptions due to events of force majeure in our own operations or in the manufacturing plant, as well as all other circumstances that prevent our delivery, release us from our obligation to deliver and entitle us to suspend delivery for the duration of the obstruction or to withdraw from the contract in whole or in part depending on its impact.
If our delivery is delayed or does not take place because a supplier is unable to deliver or is unable to deliver on time, the customer shall have no further claims beyond the right of withdrawal, regardless of the legal basis (including damages for delay or non-performance).
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8. Retention of Title
Until full settlement of all our claims arising from all mutual legal transactions with the customer, the goods shall remain our property. Goods that have already been paid for but are still in the customer’s possession shall also remain our property and serve as security for all outstanding claims.
The customer must comply with all labeling obligations and other formal requirements necessary to preserve the retention of title. The customer bears the full risk for the goods subject to retention of title, in particular the risk of destruction, loss, or deterioration.
We are entitled to realize any repossessed goods subject to retention of title at our discretion and in the best possible manner, and the proceeds shall be credited against any outstanding balance.
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9. Warranty, Inspection, and Notification of Defects
Warranty is governed by law. Periods: 24 months for consumers, 12 months for businesses. Goods must be inspected immediately; defects must be reported in writing within 8 days. For consumers, failure to notify does not affect rights. For businesses, statutory commercial law applies. We may repair, replace, or refund defective goods.
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10. Returns and Size Exchanges
Goods are generally non-returnable except in justified defect cases or approved size exchanges. Dirty or damaged goods are not accepted. Size charts are available; fitting sets may be provided after confirmed orders.
Excluded from exchange: customized, refined (e.g. embroidery/print), promotional items, gloves.
Permitted exchanges:
* Catalog goods: allowed if unused, not customized, and invoice not yet due
* Customized goods with customer stock: exchange possible only if customer maintains stock with us
Fees: €2.50 per item, minimum €6.90 per return (excluding VAT). Return shipping is at the sender’s risk and expense. Returns require original packaging and an RMA form.
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11. Liability
We are liable only for intent and gross negligence. The customer must prove such fault (except consumers). Liability for consequential damages, delays, loss of profit, or third-party damages is excluded.
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12. Product Liability
Recourse claims are excluded unless gross negligence is proven. Set-off is excluded except for consumers.
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13. Intellectual Property
All materials (plans, sketches, designs, etc.) remain our intellectual property and are protected by copyright. Customers receive no usage rights beyond the contract. Materials must not be reproduced or shared and must be returned upon request.
Customers grant us necessary rights to use submitted materials (logos, designs, etc.). They must indemnify us against third-party claims.
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14. Right of Retention
Business customers may only withhold a reasonable portion of the invoice amount in case of justified complaints.
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15. Cooperation Obligations
Customers must provide all necessary and accurate information. Changes to contact data must be communicated. Otherwise, deliveries and notices sent to the last known address are deemed received.
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16. Severability Clause
Invalid provisions shall be replaced by valid ones closest to the intended purpose. Adjustments apply only within affected legal systems.
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17. Applicable Law
Austrian law applies, excluding international conflict rules and the UN Convention on Contracts for the International Sale of Goods. Contract language is German.
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18. Jurisdiction and Place of Performance
For business customers, jurisdiction is our registered office. For consumers, jurisdiction follows statutory rules within Austria or the EU.
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19. Bank Details
Raiffeisenbank Wörgl Kufstein
IBAN: AT20 3635 8000 0010 2384
BIC: RZTIAT22358
Special Terms for Online Shop
Miwok Europe – As of March 2025
1. Scope
These terms supplement the GTC and apply to distance selling via our online shop. Consumers are natural persons acting outside business purposes.
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2. Contract Partner
See company details above. Customer service:
Mon–Thu 8:00–16:00, Fri 8:00–12:00
Phone: +43 5337 20839
Email: office@miwokclothing.com
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3. Prices
All prices are in euros and include taxes. Additional costs (shipping, duties) are shown before order submission.
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4. Conclusion of Contract
For online orders, the customer must register on our portal. As part of this registration, the customer must provide their name, address, telephone number, and email address—through which they can receive, read, store, and print emails from us—before placing an order.
In general, orders placed on our internet platforms constitute binding offers by the customer, to which the customer remains bound for 8 days from receipt. We confirm completion of the ordering or payment process (in the case of immediate payment) by email. Unless expressly stated otherwise, this confirmation does not constitute an order acceptance but merely documents that the order has been received by us.
The contract becomes binding only upon receipt of our order confirmation by the customer or upon dispatch of the ordered goods. The order confirmation contains all detailed information regarding the order, in particular information on the quantity and essential characteristics of the goods, the total price payable, details of payment, delivery and delivery times, and withdrawal rights.
The contract data is stored in accordance with Section 4 of our privacy policy and can be sent to the customer by email upon written request.
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5. Payment Terms
Payment within 14 days or upon delivery (cash on delivery). Accepted methods: cash, bank transfer, COD, credit card.
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6. Delivery
We deliver the goods after full payment of the product and shipping costs by the customer (regular customers with a special agreement may also be invoiced). The invoice is enclosed with the shipment.
Delivery is made within 14 days after receipt of payment or, in the case of cash on delivery, within 14 days after the customer receives the order confirmation. In the event of any delivery delays, the customer will be informed separately.
For contracts involving custom-made goods or refined/personalized products (e.g. items bearing company logos, emblems, prints, or advertising), we reserve the right to extend the delivery period, which will be specified separately in the order confirmation.
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7. Right of Withdrawal
Consumers have the right to withdraw from the contract within fourteen days without giving any reason (right of withdrawal).
The withdrawal period begins on the day on which the customer, or a third party designated by the customer who is not the carrier, takes possession of the last item of goods.
To exercise the right of withdrawal, the customer must inform us [Miwok Europe, Amerling 18, A-6233 Kramsach, Tel.: +43 676 9044966, [info@miwokclothing.com](mailto:info@miwokclothing.com)] of their decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email).
The customer may use the following model withdrawal form for this purpose, although it is not mandatory. To meet the withdrawal deadline, it is sufficient for the customer to send the notification concerning the exercise of the right of withdrawal before the withdrawal period has expired.
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8. Effects of Withdrawal
If the customer withdraws from this contract within the prescribed period, we shall reimburse all payments received from the customer, including delivery costs (with the exception of any additional costs resulting from the customer choosing a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we receive notification of the withdrawal.
For this reimbursement, we will use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise with the customer. In no case will the customer be charged any fees for this reimbursement.
We may withhold the reimbursement until we have received the goods back or until the customer has provided proof that they have returned the goods, whichever occurs first.
The customer must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which they inform us of the withdrawal of this contract. The deadline is met if the customer sends back the goods before the fourteen-day period has expired.
The customer shall bear the direct costs of returning the goods. The customer is only liable for any diminished value of the goods if this loss in value is due to handling of the goods beyond what is necessary to establish their nature, characteristics, and functioning.
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Withdrawal Form
To: Miwok Europe, Amerling 18, A-6233 Kramsach
Phone: +43 5337 20839
Email: office@miwokclothing.com
I/we hereby withdraw from the contract for the purchase of the following goods/services:
Ordered on / received on:
Name:
Address:
Signature (if on paper):
Date:
(Delete as appropriate)
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9. Exceptions
If the customer is a business, the right of withdrawal is entirely excluded.
The right of withdrawal does not apply to contracts for the delivery of custom-made goods or refined/personalized products (e.g. items bearing company logos, emblems, prints, or advertising). In particular, the right of withdrawal does not apply to contracts for goods manufactured according to customer specifications (non-prefabricated goods) or clearly tailored to the customer’s individual needs.
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10. Dispute Resolution
We undertake to participate in dispute resolution proceedings under the Austrian E-Commerce Act (ECG) and before the Internet Ombudsman: further information on the types of procedures is available at [www.ombudsstelle.at](http://www.ombudsstelle.at).
For resolving disputes with our company, the EU Online Dispute Resolution (ODR) platform may also be used: [https://ec.europa.eu/consumers/odr](https://ec.europa.eu/consumers/odr).
Our email address is: office@miwokclothing.com
This is not an arbitration tribunal. Both parties retain the right to pursue legal action before the ordinary courts.