Terms of service

Last updated: 24.02.2026

1. Scope of Application

1.1

These General Terms and Conditions (hereinafter referred to as the “GTC”) of

SV Made-to-Measure GmbH
Gonzagagasse 9/1, 1010 Vienna, Austria
Phone: +43 650 6019650
Email: office@sartoriavienna.com

shall apply to all contracts for the delivery of goods and services concluded between the seller and a consumer or entrepreneur (hereinafter referred to as the “Customer”) regarding the seller’s goods and services.

The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity acting in the exercise of their commercial or self-employed professional activity when concluding a legal transaction. Public limited companies, limited liability companies, cooperatives, mutual insurance associations, savings banks, European Economic Interest Groupings (EEIG), European Companies (SE) and European Cooperative Societies (SCE) are deemed entrepreneurs by virtue of their legal form.

2. Conclusion of Contract

2.1

The product descriptions contained in the seller’s online shop and/or website do not constitute binding offers by the seller but serve as an invitation for the Customer to submit a binding offer.

2.2

In the online shop, the Customer may submit an offer via the online ordering process displayed on the seller’s website.

By placing an order through the website, after configuring the selected goods or services and completing the electronic ordering process, the Customer submits a legally binding contractual offer relating to the goods or services contained in the shopping cart by clicking the button concluding the order process.

If the order is placed via an order form, the Customer shall receive a separate automated confirmation acknowledging receipt of the order(s). Such confirmation does not yet constitute acceptance of the offer.

The Customer may also submit a binding offer via email, telephone or in person. In such cases, the Customer shall likewise receive a separate automated confirmation acknowledging receipt of the order(s).

2.3

Unless the Customer has lawfully withdrawn the offer beforehand, the seller may accept the Customer’s offer within five business days by sending a written order confirmation or an order confirmation in text form (e.g. fax or email). Receipt of the order confirmation by the Customer shall be decisive.

The acceptance period begins on the day after the Customer sends the offer and ends upon expiry of the fifth business day thereafter.

If the seller does not accept the Customer’s offer within this period, the offer shall be deemed rejected and the Customer shall no longer be bound by their declaration of intent.

If a consumer Customer has lawfully withdrawn their offer in the meantime, no contract shall be concluded even if the seller had previously accepted the offer.

2.4

When submitting an offer via the seller’s online order form, the contract text shall be stored by the seller after conclusion of the contract and transmitted to the Customer in text form (e.g. email) after submission of the order.

If the Customer has created a user account in the seller’s online shop prior to submitting the order, the order data shall be archived on the seller’s website and may be accessed free of charge by the Customer via their password-protected user account using the corresponding login credentials.

Apart from this, the contract text shall not be stored. The seller recommends that Customers archive the order confirmation and the attached GTC.

2.5

The contract may be concluded in German or English language.

2.6

Order processing and communication shall generally take place via email.

The Customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received.

In particular, when using spam filters, the Customer must ensure that all emails sent by the seller or third parties commissioned by the seller for order processing can be delivered.

3. Right of Withdrawal

3.1

Consumers residing within the European Union generally have a statutory right of withdrawal for distance contracts and off-premises contracts.

A distance contract is a contract concluded between the seller and a consumer without the simultaneous physical presence of both parties, exclusively using means of distance communication (e.g. internet, telephone, email or fax) up to and including the conclusion of the contract.

An off-premises contract is a contract concluded between an entrepreneur and a consumer:
a) at a place that is not the entrepreneur’s business premises while both parties are physically present;
b) where the consumer made an offer under the circumstances referred to in lit. a;
c) which is concluded on the entrepreneur’s premises or via distance communication immediately after the consumer was personally and individually addressed away from the entrepreneur’s premises while both parties were physically present; or
d) concluded during an excursion organised by the entrepreneur or their representative with the intention or effect of promoting and selling goods or services to the consumer.

There is no right of withdrawal for made-to-measure garments offered by the seller, as these constitute goods manufactured according to customer specifications or clearly tailored to personal needs. Further details can be found in the cancellation policy.

4. Prices and Payment Terms

4.1

Unless otherwise stated in the product or service description, all prices shown are total prices including statutory VAT but excluding shipping costs.

4.2

For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the Customer.

These include, for example, costs charged by financial institutions for money transfers (e.g. transfer fees or exchange rate fees) or import duties and taxes (e.g. customs duties).

Such costs may also arise if payment is made from a country outside the European Union, even where delivery does not take place outside the European Union.

4.3

The seller accepts credit card payments, bank transfers in advance, EPS and SOFORT transfer payments in the online shop.

5. Retention of Title

5.1

The seller retains ownership of the delivered goods until full payment of the purchase price owed has been received, irrespective of whether the Customer is a consumer or entrepreneur.

5.2

All rights relating to the goods, including but not limited to copyrights and related intellectual property rights, shall remain with the seller and shall not transfer to the Customer upon sale.

5.3

All content required for the made-to-measure production, such as texts, images or graphics, shall be provided by the Customer through the personal consultant taking measurements on behalf of the seller, in the file formats, formatting, image sizes and file sizes specified by the seller.

The Customer grants the seller all necessary usage rights required for the execution of the order.

6. Delivery and Shipping Conditions

6.1

The seller’s offers are available to all customers within the European Union.

6.2

Goods shall be delivered by shipment to the delivery address specified by the Customer, unless otherwise agreed, at the individually agreed delivery date.

6.3

If the Customer acts as an entrepreneur, the risk of accidental loss or deterioration of the goods shall pass to the Customer as soon as the seller has handed over the goods to the freight carrier, shipping company or other person or institution designated to carry out the shipment.

If the Customer acts as a consumer, the risk shall pass only upon delivery of the goods to the consumer or to a third party designated by the consumer who is not the carrier.

However, if the consumer independently concludes the transport contract without using a selection option proposed by the seller, the risk shall pass upon handover of the goods to the carrier.

6.4

Should additional costs arise due to the provision of an incorrect delivery address, incorrect recipient details or other circumstances resulting in failed delivery, such costs shall be borne by the Customer unless the Customer is not responsible for the incorrect information or impossibility of delivery.

The same shall apply if the Customer is temporarily prevented from accepting delivery, provided the seller announced the delivery within a reasonable period in advance, unless the Customer lawfully exercises their right of withdrawal as a consumer.

6.5

In the event of delays caused by force majeure (e.g. pandemics, strikes, severe weather conditions, natural disasters, war, etc.), delivery periods shall be extended by the duration of the delay caused thereby.

Any claims for damages resulting from such delays are excluded.

For Customers acting as entrepreneurs, this shall also apply where delays occur for reasons attributable to suppliers.

The Customer’s statutory right to withdraw from the contract after setting a reasonable grace period shall remain unaffected.

7. Warranty / Liability

7.1

The statutory warranty provisions shall apply.

The seller warrants that the goods possess the objectively required characteristics in addition to the contractually agreed properties, unless a legally permissible deviation has been expressly agreed with the Customer.

For made-to-measure garments, production is carried out based on the measurements taken during the fitting appointment and the configurations and specifications selected by the Customer.

Fit Guarantee / Made-to-Measure Garments

The seller guarantees the contractual fit of made-to-measure garments based on the measurements taken (“Fit Guarantee”).

In the event of a verifiable measurement, cutting or manufacturing defect, the seller shall, at its own discretion, carry out a correction or arrange for a new production free of charge for the Customer.

The Customer must provide the seller with a reasonable opportunity to inspect and remedy the defect.

Time-Sensitive Occasions (e.g. Wedding, Event, Business Appointment)

If a garment was ordered for a specifically communicated fixed date (e.g. wedding, gala, event or business appointment) and, due to a verifiable measurement, cutting or manufacturing defect, a timely correction or replacement is no longer possible or reasonable, the Customer may request an appropriate refund.

Further claims, in particular claims for damages relating to missed events, consequential costs or immaterial damages, are excluded to the extent permitted by law.

Quality Defects

In the event of justified quality defects, the seller shall endeavour to remedy the defect by repair, correction or replacement.

Minor, customary or material-related deviations shall not constitute a defect provided that the usability of the garment is not significantly impaired.

Fabrics, Materials and Individual Customer Selections

The Customer acknowledges that certain fabrics and materials may possess natural and material-specific characteristics. These include, in particular, wrinkling behaviour, texture, colour appearance, elasticity, feel, softness, natural wear and changes resulting from use and care.

Such material-related characteristics do not constitute defects.

The seller assumes no liability for the selection of fabrics, designs, colours, buttons, linings, cuts or other individually selected features where such selections were expressly chosen or confirmed by the Customer.

Subjective expectations regarding fabric behaviour, wearing comfort, wrinkle resistance or visual appearance shall not constitute warranty claims.

Care, Cleaning and Alterations by the Customer

Warranty claims shall be excluded if the garment has been treated contrary to the care instructions, improperly cleaned, washed, ironed, impregnated, chemically treated or otherwise altered.

In particular, the seller assumes no liability for damage, deformation, shrinkage, discoloration, material changes or quality impairments resulting from self-washing, improper cleaning or modifications carried out by the Customer or third parties.

The seller expressly recommends professional cleaning in accordance with the respective care instructions of the garment.

Alterations by Third Parties

If alterations, adjustments or repairs are carried out by third parties after delivery, the warranty for the affected parts of the garment shall become void.

Business Transactions

If the Customer acts as an entrepreneur, the following shall additionally apply:

  • Minor defects shall generally not give rise to warranty claims.

  • The seller shall have the right to choose the type of remedy.

  • The limitation period shall not recommence upon replacement delivery or subsequent improvement.

  • Entrepreneurs are subject to the inspection and notification obligations pursuant to Section 377 of the Austrian Commercial Code (UGB). Failure to notify defects without undue delay shall result in the goods being deemed approved.

Limitation of Liability

The seller’s liability for slight negligence is excluded unless personal injury is involved.

Liability for loss of profit, indirect damages, consequential damages or pure financial losses is excluded to the extent permitted by law.

These liability limitations shall also apply to the seller’s agents and legal representatives.

8. Jurisdiction / Applicable Law

8.1

All legal relationships between the parties shall be governed by the laws of the Republic of Austria, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

For consumers residing or habitually residing within the European Union, this choice of law shall apply only insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.

For consumers residing or habitually residing outside the European Union, this choice of law shall apply only insofar as it does not conflict with mandatory statutory provisions.

8.2

For entrepreneurs and consumers residing or habitually residing outside the European Union, the court having subject-matter jurisdiction at the seller’s registered office shall be agreed as the exclusive place of jurisdiction, insofar as mandatory law does not provide otherwise.

9. Alternative Dispute Resolution

9.1

The European Commission provides an online dispute resolution platform at the following link:

https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

10. Promotional Campaigns & Vouchers

10.1

Promotional campaigns, special offers and discounts cannot be combined unless expressly stated otherwise.

10.2

Only one voucher may be redeemed per order.

11. Measurement Appointments

A flat fee of EUR 100.00 including statutory VAT shall be charged for measurement appointments.

This fee shall become due regardless of whether a subsequent contract is concluded.

The Customer shall receive a voucher corresponding to the paid amount.

This voucher shall be credited in full toward the order value of any subsequent order or engagement.

The voucher shall also be issued if no order or engagement is placed on the same day as the measurement appointment.

Cash redemption of the voucher is excluded.