Terms of service
Benira e.U. provides you with this website, including all information, tools, and services available from this site, on the condition that you accept all the terms, conditions, policies, and notices stated here in full.
By visiting our website and/or purchasing a product from our online shop, you engage in our “Service” and agree to be bound by the following Terms and Conditions (“Terms”), including any additional terms and policies referenced herein or available via hyperlinks on our site.
These Terms apply to all users of the website, including but not limited to visitors, vendors, customers, suppliers, and/or content contributors.
Please read these Terms carefully before accessing or using our website. By accessing any part of this site or using our services, you agree to be legally bound by these Terms.
If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services.
If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features, products, or tools added to the current online shop will also be subject to these Terms. The most current version of the Terms can be reviewed at any time on this page.
Benira e.U. reserves the right to update, change or replace any part of these Terms by posting updates on our website. It is your responsibility to check this page regularly for changes. Continued use or access after changes have been posted constitutes acceptance of those changes.
Our online shop is hosted on Shopify Inc., which provides us with the e-commerce platform to sell our products and services. For more information about how Shopify handles your data, please refer to our Privacy Policy.
By agreeing to these Terms, you confirm that you are at least the age of majority in your country of residence or that you are the age of majority and have given us your consent to allow your minor dependents to use this site.
You agree not to use our products for any illegal or unauthorized purposes.
You must not violate any laws or the rights of third parties (including copyrights, trademarks, or data protection laws) in connection with your use of the website or services.
You are strictly prohibited from transmitting any viruses, malware, trojans, worms, destructive code, or any other harmful programs through our website or services.
Any violation of these provisions entitles Benira e.U. to terminate services immediately and block the user account without any resulting claims against Benira e.U.
§ 1 Scope
These Terms and Conditions apply to all orders placed through the online shop of Benira e.U. (hereinafter referred to as “Benira”, “we” or “seller”) by customers (hereinafter referred to as “customer”).
The version valid at the time of the order shall apply.
Deviating or conflicting conditions are not accepted unless Benira has expressly agreed to them in writing.
§ 2 Definitions
For the purposes of these Terms:
Customer: any natural or legal person who enters into a legal transaction with Benira e.U..
Consumer: any natural person who enters into a transaction for purposes that are not primarily related to their trade, business, or profession (§ 1 KSchG).
Entrepreneur: any natural or legal person acting in the course of their trade, business, or profession (§ 1 UGB).
Product/Goods: all items offered in the online shop, particularly clothing and accessories.
Contract: the purchase contract concluded between Benira e.U. and the customer for the goods offered in the online shop.
§ 3 Contract Conclusion
The products displayed in the online shop do not represent a legally binding offer, but an invitation to place an order.
By clicking the "Buy Now" button, the customer submits a binding offer to purchase.
After placing the order, the customer receives an automated order confirmation via email. This confirmation does not yet constitute acceptance.
The contract is concluded only upon explicit order confirmation or shipment of the goods.
The contract language is German.
§ 4 Prices and Payment Terms
All prices are in Euro (EUR) and include statutory VAT, plus shipping costs.
The following payment methods are available:
- PayPal
- Klarna (instant transfer or invoice)
- Credit card (Visa, MasterCard)
- Apple Pay
Payment is due immediately upon conclusion of the contract.
If paying with Klarna, the terms and conditions of Klarna Bank AB, Sveavägen 46, 111 34 Stockholm, Sweden, also apply.
§ 5 Delivery and Shipping
Delivery is carried out by Österreichische Post AG or GLS Austria GmbH.
We ship within Austria and the EU.
Delivery time is 2–5 business days within Austria, and 5–10 business days within the EU after receipt of payment.
Shipping costs are shown separately during checkout.
If a product is unavailable, the customer will be notified immediately and any payments made will be refunded.
§ 6 Return and Cancellation Policy
Customers of Benira e.U. have the right to return products within 14 days of receiving them, without giving any reason.
Returns are only accepted if the items are unworn, unwashed, undamaged, and with all original tags attached.
Return requests must be submitted in advance by email to office@beniraclo.com. The return address will be provided by email after review.
The customer bears the cost of return shipping. Unpaid (COD) returns will not be accepted.
After receiving and inspecting the return, the purchase amount will be refunded within 14 days via the original payment method.
Cancellations are possible as long as the order has not yet been processed or shipped.
- Free cancellation is possible within 2 hours of placing the order.
- After processing has begun, a 5% handling fee may be charged.
- After shipping, cancellation is no longer possible, but the item can be returned.
For damaged or faulty products, statutory warranty rights apply (§§ 922 ff ABGB).
Abusive returns (e.g., worn items) may be rejected and future orders refused.
§ 7 Right of Withdrawal
Right of Withdrawal
You have the right to withdraw from this contract within fourteen (14) days without providing any reason.
The withdrawal period begins:
- For single-item purchases: on the day you or a third party (not the carrier) take possession of the goods.
- For multiple items delivered separately: on the day you or a third party take possession of the last item.
To exercise your right of withdrawal, you must inform us clearly (e.g., via email) of your decision to withdraw.
To meet the deadline, it is sufficient to send the notice before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from the contract, we will refund all payments received, including delivery costs (except for additional costs resulting from a non-standard delivery option), within 14 days from the date we received your withdrawal notice.
Refunds will be made using the same payment method used in the original transaction unless otherwise agreed.
We may withhold the refund until we receive the returned goods or proof of return—whichever comes first.
You must return the goods within 14 days of notifying us of your withdrawal.
Return shipping costs are your responsibility.
You are liable for any loss in value of the goods resulting from handling that was not necessary for checking the nature, characteristics, and functioning of the goods.
Exclusions from the Right of Withdrawal
The right of withdrawal does not apply to contracts for:
- Goods made to customer specifications or clearly tailored to personal needs;
- Sealed goods not suitable for return due to hygiene or health protection reasons, if unsealed after delivery;
- Goods that, after delivery, were inseparably mixed with other items.
Sample Withdrawal Form
(If you wish to withdraw from the contract, please fill out this form and send it back.)
To:
Benira e.U.
Hernalser Hauptstraße 21
1170 Vienna, Austria
Email: office@beniraclo.com
I/we () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods ():
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only for paper submissions):
Date:
(*) Delete as applicable.
§ 8 Retention of Title
Goods remain the property of Benira e.U. until full payment is received.
§ 9 Warranty and Liability
Statutory warranty rights apply (§§ 922 ff ABGB).
The warranty period is two years from the date of delivery.
Benira is only liable for slight negligence if essential contractual obligations are breached.
Liability for damage to life, body, or health remains unaffected.
§ 10 Data Protection
The processing of personal data is carried out in accordance with our Privacy Policy
§ 11 Applicable Law and Jurisdiction
Austrian law applies, excluding the UN Sales Convention (CISG).
For consumers, this choice of law only applies to the extent that it does not conflict with mandatory provisions of their country of residence.
For entrepreneurs, the place of jurisdiction is Vienna.
§ 12 Final Provisions
If any provision of these Terms is invalid, the validity of the remaining provisions shall not be affected.
Changes or additions must be made in writing.
Benira e.U. reserves the right to modify these Terms at any time in accordance with legal requirements.