terms & conditions
Media owner und editor of this website:
THE SMALL GATSBY GMBH
Kuffnergasse 7/2 – 1160 Vienna
VAT Nr.: ATU68807936
In case of enquiries please contact our concierge:
PHOTO & VIDEO CREDITS
Photo Credits: Teresa Zimmermann, Anita Dorner, The Small Gatsby GmbH, Patricia Weisskirchner, Nadja Pollack, René Huemer, Wanda Kujacz, Emily Kornya, Arthur Michalek, Siegfried Hasewend, Belle & Sass – Isabelle Köhler, Mario Pirozzi, and many more who shoot for us in media collaborations. We are very grateful!
Video Credits: the brilliant Brix Produtions and Luma Launisch
If in doubt please always request the correct credit information when using our media – we value our artists and wish to communicate their copy rights. Please contact our Concierge Mortimer@TheSmallGatsby.com.
TERMS & CONDITIONS
Welcome to TheSmallGatsby.com website. These terms and conditions (the “Conditions”) apply to TheSmallGatsby.com (the “Website”) which is operated by The Small Gatssby GmbH, a company registered in Austria. For the purposes of these Conditions, “you” shall be the person accessing the Website and “we” or “us” refers to TheSmallGatsby.com. By accessing the Website you agree to accept the Conditions. If you do not agree with the Conditions, you should not use or access the Website.
GENERAL CONDITIONS OF USE
1. While TheSmallGatsby.com takes reasonable steps to ensure a reliable service, we do not guarantee that your use of this Website will be uninterrupted and/or error free.
2. We are not responsible for your use of other websites accessed via links from our Website. Such links are not controlled by us nor do we endorse them.
3. The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions on or through it.
4. All rights, including copyright and database rights, contained in this Website are owned by The Small Gatsby GmbH and/or our licensors except as permitted by law, you may not distribute, adapt, translate, modify, merge or make available our Website content to any person, or use it for commercial purposes. You may not use our Website content to create a database (electronic otherwise). All other rights are reserved.
5. We reserve the right to:
(i) modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
(ii) change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
You may browse the Website without registering, however you must register as an online customer in order to buy items via our Website. When you register as an online customer, your username will be your valid email address and you will be asked to create a password. You are entirely responsible for all actions taken under your username, whether by you or by any other person. It is your responsibility to keep your username and password safe. When you register as an online customer, you agree that any information which you provide shall be true and accurate in all respects and you will notify us immediately of any changes to this information.
CONDITIONS OF SALE
The following terms and conditions will apply between you and The Small Gatsby GmbH, when you purchase products (“Products”) from us. Please read these Conditions of Sale in conjunction with the Conditions of Use.
Please note that you must be ages 18 or over to purchase Products from us.
1. Product Description
We have made every effort to display as accurately as possible the colours of our Products. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the Product on delivery. All sizes and measurements are approximate, however we do make every effort to ensure they are as accurate as possible. Unless otherwise stated, sizes indicated are EU sizes. Please refer to the size guide for clarification. We will take all reasonable care to ensure that all details, descriptions and prices of Products are correct at the time when the relevant information was entered onto the system.
Prices are subject to change without notice. Prices are inclusive of VAT (where applicable).
2. Pricing & Payment
Your contract for purchases made through TheSmallGatsby.com is with The Small Gatsby GmbH and you undertake that all Products ordered by you are for your own private and domestic use only and are not for resale. Prices displayed on our Website are in Euro and unless otherwise indicated are inclusive of VAT. Prices quoted are exclusive of postage and packing which will be charged at the rates specified in the delivery section. Payments can be made using Credit Cards via the PayPal Service Provider (no PayPal Login necessary), via Paypal itself if you own a registered PayPal account (with PayPal Login), and via Bank Transfer.
Once you have checked out and your order has been confirmed you will not be able to make any changes to your order so please make sure that everything is correct before clicking the confirm button.
We must receive payment of the whole of the price for the Products that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order.
We reserve the right to refuse an order or cancel a contract. Non-acceptance of an order or cancellation of a contract may, for example, result from one of the following:
(i) The Product ordered being unavailable from stock
(ii) Our inability to obtain authorisation of payment
(iii) The identification of an error within the Product information, including price or promotion.
If there are any problems with your order we shall contact you. If we do refuse an order or cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your debit/credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
If you have requested a pre-order product, a member of our customer care team will be in touch within 48 hours to confirm delivery and time and take payment.
Only one promotional code/voucher for discounts, free delivery via the website or catalogue, may be used per order unless stated otherwise and such codes are valid for one transaction only. Promotional codes/vouchers cannot be used in conjunction with any other discount, offer or voucher. Promotional codes/vouchers are not transferable and should not be distributed to the wider public, they should not be sold on auction sites for profit or reproduced on any website. No cash or any other alternative can be given. Promotional codes/vouchers apply to TheSmallGatsby.com only, unless otherwise stated. Promotional codes/vouchers excludes any charge for home delivery. We reserve the right to remove or amend conditions of promotional codes/vouchers as necessary, this does not affect your statutory rights as a consumer. Promotional codes/vouchers for free delivery apply to the standard EU delivery service. If you are an international customer and have a code/voucher for free delivery please email Mortimer@TheSmallGatsby.com to redeem.
Europe: Standard delivery to Europe, Eire and Channel Island is charged at €10 per order. Allow up to 3-5 weeks, since we manufacture each ordered item on demand. An Express delivery service is available at €25 per order upon request and if possible, please allow 1 week for this service, a signature will be required upon receipt.
USA and Middle East: Delivery to the USA and Middle East is charged at €15 per order for standard delivery. Please allow 3-5 weeks for this, since we manufacture each ordered item on demand. An Express delivery service is available at €25 per order upon request and if possible, please allow 1 week for this service, a signature will be required upon receipt.
Rest of World: Standard delivery is charged at €20 per order for standard delivery please allow up to 3-5 weeks, since we manufacture each ordered item on demand. An Express delivery service is available at €30 per order upon request and if possible, please allow 1 week for this service, a signature will be required upon receipt.
Taxes, duty, toll: Please note that all taxes and duty that may be incurred are the responsibility of the purchaser and not The Small Gatsby GmbH.
Christmas Delivery: Our last date for guaranteed Christmas Delivery is November 15th.
Delivery Outside the EU: If your order is to be dispatched to a destination outside the European Union, you will be responsible for any customs or import duties levied once the package reaches your destination country. We have no control over such charges and cannot predict them.
Attempted Deliveries: If delivery is attempted and a delivery card is left and you fail to claim the Products from the local depot or post office, we cannot refund you but we will re-dispatch the parcel once we have received it back but we will have to charge for postage again.
Lost Parcels: We must be informed of parcels not arriving as soon as possible, for the EU it must be within 16 working days of the date of despatch. For international destinations we must be informed within 35 days. Failure to do this can affect our ability to trace the parcel and issue any refund due. Refunds or replacements will only be issued after 16 working days in the EU or 35 working days for international parcels, and only if the parcel is deem lost in transit by the relevant delivery company.
Missing or Damaged Products: We must be informed if any Products are damaged on receipt or missing from your order as soon as possible.
If you do find that a Product is damaged or is missing from your parcel, we will do our best to find out why. We do try to provide the best service we can, but we are only human and we can make mistakes. Please feel free to contact our concierge Mortimer@TheSmallGatsby.com about any damaged Products, or Products missing from your order.
If you notify a problem to us under this Condition, our only obligation will be, at your option:
(i) to make good any shortage or non-delivery;
(ii) to replace or repair any Products that are damaged or defective; or
(iii) to refund to you the amount paid by you for the Products in question.
We will not be liable to you for any indirect or consequential loss, damage or expenses howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the Products in question in accordance with these Conditions.
6. Returns/Exchange Policy
We are delighted to provide full refunds for all purchases returned within 28 days, if your received items shall suffer quality damages. Please note, that since all our garments are produced by hand and on demand, we will not accept returns for reasons like colour, size or style. Please choose carefully, what yo wish to order, and – if in doubt – order one size bigger. If you wish to return an item, please follow our Returns Procedure below.
6.1. Please note, you cannot cancel your contract since the Products you have ordered are made to your specifications and/or are personalised.
6.2. Products must be returned in new, unworn and unused condition with original garment tags still attached, 28 days after receipt. TheSmallGatsby.com will not accept returns of non-faulty Products that have been worn, used and/or garment tags removed. In such cases, the customer will be informed and the Product(s) will be returned to the customer.
6.3. Please note: ALL hair bows are non-refundable due to hygiene reasons. We are also unable to exchange them for other hair bows.
6.4. If you have requested a refund, we will credit the original purchaser’s card for the sum paid within 28 days of receipt of your notice to cancel.
6.5. All refunds and exchanges for goods purchased via our website or by telephone must only be returned to the Head Office address stated below.
Please Note: Refunds can take up to 10 days to process. If you have not received a credit memo via e-mail or if you notice the money has not be credited back into your bank account, then please email to our concierge Mortimer and he will look into this for you.
Please note that customers will be responsible for all postage costs when returning items.
Please send returned items via signed for and tracked delivery to:
The Small Gatsby, to the hands of Concierge Mortimer, Tigergasse 4/5, 1080 Vienna, Austria/EU
Nothing in these Conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
We shall have no liability to you for any failure to deliver Products you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
The contract between us shall be governed by and interpreted in accordance with Austrian law and the Austrian courts shall have jurisdiction to resolve any disputes between us.
PRIVACY & COOKIES POLICY
All personal information you supply to us will be treated in accordance with all applicable legislation, including but not limited to the Data Protection Act 1998 as amended and we endeavour to take all reasonable steps to protect your personal data including the use of encryption technology.
Information about you and how we collect and use your personal data
We may collect and store personal information when you visit the Website, including but not limited to your name, email address, postal address, transactional information based on your activities on the Website and correspondence sent to us, other information from your interaction with the Website, content and advertising, including computer and connection information, statistics on page views, traffic to and from the sites, IP address and standard web log information and additional information we ask you to submit to verify your identity.
We may also collect personal information about you in the following ways: any data which you provide when you purchase products from us; and any other data which you provide to us when you enquire about our activities, email, telephone or write to us or otherwise provide us with personal information.
All the information we collect via our Website or through correspondence with you is used to operate and improve the service we offer you and to personalise our service. We are committed to using your personal information only for:
1. Planning and managing thesmallgatsby.com’s business activities, including analysis of customers’ shopping habits, product and style preferences.
2. Technical administration of our website
4. Providing you with information about the services we offer.
5. Letting you know about offers and news from thesmallgatsby.com
6. Occasionally letting you know about offers from other companies who we believe may interest you, either by sending out the information ourselves to you directly, or by providing certain details to other companies so they may contact you directly.
7. Managing and fulfilling your order including verifying details of your payment method or credit card account and where necessary carrying out credit checks and to protect against fraud and theft. We may therefore also share information about the way in which you conduct your account with lenders and credit reference agencies; During your registration process you are given the opportunity to select some of the ways in which we may use your details. See ‘your permission’ and ‘helping us to grow’ below to keep us in touch with anything you specifically don’t want to be informed about.
There are only four circumstances where we may share some of your data with others:
2. To outside research companies whom we may ask to contact you directly for your opinions on our service.
3. We occasionally make names, addresses and email addresses available to companies whose products we think may interest you, unless you have subsequently withdrawn that permission. (See ‘helping us to grow’ below).
4. If we are requested by the police or a regulatory or government authority investigating illegal activities to provide information concerning your activities whilst using the network we shall do so.
Data over the internet
The internet is a global network, so it is possible for your data to travel internationally, which may include places outside the European Union. If you visit or shop at thesmallgatsby.com, you’re agreeing and authorising us to process data in this way.
How we protect information
You acknowledge that the Internet is not a 100% secure medium for communication and, accordingly, we cannot guarantee the security of any information you send to us (or we send to you) via the Internet. We are not responsible for any damages which you, or others, may suffer as a result of the loss of confidentiality of such information.
We take every precaution to protect your information. To this end all personal information stored by us is kept on a server in a secure environment. Only employees, our partners and any sub-contractors who need the information to perform a specific job are granted access to personally identifiable information.
How you can help us protect your information
Please keep in mind that whenever you voluntarily disclose personal information online in non-protected environments – for example on message boards, through email, or in chat areas – that information can be collected and used by others. In short, if you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return. Also remember to close your browser window when you have finished your on the site. This is to ensure that others cannot access your personal information and correspondence if you share a computer with someone else or are using a computer in a public place like a library or Internet café. We cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. Once we receive your transmission, we make our best effort to ensure its security on our systems.
How to unsubscribe
If you do not wish to receive any further email messages from us please click the unsubscribe link at the bottom of any newsletter email If you never wish to be contacted by other companies who we think may be of interest to you, by post, email or otherwise please email Mortimer@TheSmallGatsby.com.
If you do not want to receive emails from us about other companies that we think may interest you, please email: Mortimer@TheSmallGatsby.com
Helping us to grow
In order to grow, succeed and offer you an increasingly broad, high-quality range of items, we need to recruit more wonderful customers, like you. We rely on the many of you who tell your friends and family about us, and we also encourage other companies to promote us to their customers so, when we genuinely think you’d be interested, we’ll source and send offers from other companies to you. If you do not want to receive information from us about offers from other companies that we think may interest you please email. Mortimer@TheSmallGatsby.com.
What are cookies?
Cookies are tiny text files stored on your computer when you visit a website. In order to order from TheSmallGatsby.com you need to have cookies enabled in your browser. This happens automatically for most web browsers. We don’t store personally identifiable information such as credit card details in cookies we create, but we do use encrypted information gathered from them to help improve your experience of the site.
We’re giving you this information as part of our initiative to comply with recent legislation, and to make sure we’re honest and clear about your privacy when using our website. Please be assured that our website only uses the minimum number of cookies to ensure that it functions at the best possible level for you.
Our cookies policy
To make full use of the online shopping and personalised features on TheSmallGatsby.com your computer, tablet or mobile phone will need to accept cookies, as we can only provide you with certain personalised features of this website by using them.
Our cookies don’t store sensitive information such as your name, address or payment details: they simply hold the ‘key’ that, once you’re signed in, is associated with this information. However, if you’d prefer to restrict, block or delete cookies from TheSmallGatsby.com or any other website, you can use your browser to do this. Each browser is different, so check the ‘Help’ menu of your particular browser (or your mobile phone’s handset manual) to learn how to change your cookie preferences.
Enabling and Managing Cookies
If cookies aren’t enabled on your computer, it will mean that your shopping experience on our website will be limited to browsing and researching; you won’t be able to add products to your basket and buy them.
To enable cookies
If you’re not sure of the type and version of web browser you use to access the Internet:
For PCs: click on ‘Help’ at the top of your browser window and select the ‘About’ option. For Macs: with the browser window open, click on the Apple menu and select the ‘About’ option