Terms and Conditions
For any business relationship between awezome and the customer starting from 01.07.2016 exclusively the following General Terms and Conditions will apply, regardless of the means of communication used. The customer recognizes the exclusive validity of awezomes´s General Terms and Conditions for the entire business relationship. Awezome will not recognize any different conditions of the customer unless the management of awezome has expressly agreed in writing to their validity. If the customer enters into a business relationship with awezome by using the website, he/she recognises the General Terms and Conditions as the basis for the entire business relationship between the customer and awezome.
CLOSURE OF PURCHASE CONTRACT AND CANCELLATION
The presentation of products within the framework of the Online Shop does not represent a legally binding offer but rather an on-line catalogue without obligation. By clicking the button ‘Buy now’, you are making a binding order for the goods contained in the shopping basket. The confirmation of the receipt of the order will occur immediately after the order has been sent through an automatically generated e-mail and does not yet represent an acceptance of any contract. Such acceptance will only come into being when you receive an e-mail from us, in which we confirm the dispatch of the item or the order. We are able to accept your order within two days. We will store the text of the contract and will send you the order details by e-mail. You may consult previous orders in your customer account, provided that you have registered with us.
If we cannot accept the offer or should certain products in an order not be available, then you will be informed immediately. Awezome reserves the right to withdraw from the sales contract in cases of print or wording or calculation mistakes on the website. All offers are valid as long as stocks last. Should our supplier despite contractual agreement not be able to deliver the ordered products then we equally have the right to cancel a contract with a customer. In this case you will be informed without delay that the ordered product cannot be delivered. The already paid purchase price will be returned within 14 business days (with Saturday not being considered a business day) of or set against other products. We may refuse repayment until we have received back the goods again or you have sent us proof of having sent back the goods, whichever occurs first.
Policy regarding the conditions for and consequences of cancellation are set out in the following section ‘RIGHT OF WITHDRAWAL’.
RIGHT OF WITHDRAWAL
Even if we are awezome you are entitled to withdraw from this contract within 14 days without reason. The withdrawal period starts from the date you, or a third party authorized by you have/has taken possession of the goods. Please note: If you do not return goods within fourteen (14) days of notifying us of your withdrawal we can not issue a repayment. Submitting proof of shipping within this fourteen (14) day period will be considered as meeting the deadline. You only have to pay for any diminished value of goods if this diminished value is due to improper handling on your behalf while ascertaining the nature, characteristics and functioning of the goods. The place of delivery for company business is our company location.
Should nothing different be requested by the customer then the delivery address entered by the customer will be used. Delivery is assigned to our standard delivery provider (Hyperlink zu unseren Delivery Type & -Costs) depending on the country. The relevant individual delivery conditions and delivery costs can be found in the detailed information on the internet page. If a delivery is not possible to a customer, be it because the customer was not reachable at the provided delivery address, although the time of delivery was indicated to the customer with appropriate notice or if the address provided was incorrect, then the customer will cover the costs of the unsuccessful delivery. The delivery is sent from stock, the location of which is also the place of delivery. The customer takes over the risk once he/she takes possession of the item. Delivery and service delays due to acts of God are not the responsibility of aweyome. Such events give aweyome the right to delay a delivery for the period of disruption and an appropriate restarting period or to with raw entirely or in part from non completed parts of orders. Acts of God include strikes, natural disasters, war, blockades, import and export restrictions and other national interventions regardless whether they occur at awezome or distributors of awezome. In the case of effects of acts of God which will cause a delay of a delivery, we will of course inform the customer without delay. Deliveries are made worldwide, although for certain countries special security tests have to be undertaken before the delivery can be effected. In this case this is explained to the customer in advance.
PAYMENT AND LATE PAYMENTS
All product prices at awezome are gross prices, include the current rate of VAT in the particular country and are shown in the stated currency. The prices stated at the time of the order including sales tax plus all costs arising from delivery are valid until further notice. Settlement is made in Euro. In some countries there may be differences of exchange rates for payments in other currencies than Euro. Awezome converts currencies based on the exchange rates of European Central Bank. The payment of the land specific taxes is the responsibility of the customer and is not part of the obligations of awezome. Any customs duties that may arise have to be paid by the customer. The retail price is payable upon placement of an order. The customer can pay the purchase price by credit card and prepayment. The customer has the possibility at all times of requesting the awezome log-in data in order to follow up his/her order. Should the customer delay in paying, awezome has the right to charge interest on the delayed payment to the level of 5% above the annual rate set by the Austrian National Bank. If awezome incurs a higher rate of interest for delay, awezome has the right to pass this on.
INVOKE A WITHHOLDING RIGHT AFTER NOTIFICATION OF DEFECTS
A right to withhold may be invoked by the customer only when his complaints have been recognised legally or by awezome. The customer is only entitled to exercise his withholding right in as far as his counter claim is based on the same contractual relationship.
All of our deliveries and services occur under proprietary right. Until all the claims against the customer have been fully met, the delivered products remain the property of awezome.
The guarantee period is based on the legal regulations. This is 2 years and begins at the time the customer receives the product. Claims against awezome which may go beyond guarantee claims based on a manufacturer’s guarantee are excluded in as far as this is legally permissible. Claims arising from a manufacturer’s guarantee can only be claimed by the customer against the manufacturer, who has provided the guarantee. The guarantee is not valid against normal wear and tear caused by use of a product. Should a defect in a purchased item be the responsibility of awezome, then awezome is entitled to choose either to provide a repair or remedy of the fault, or a replacement product. If awezome is unwilling or not able to repair the problem or provide a replacement or the time taken to carry this out is longer than the appropriate time period expected for reasons that fall within the responsibility of awezome or if the repair/replacement delivery is unsuccessful, then the customer is entitled to withdraw from his contract or to ask for an appropriate reduction of the purchase price. If a warranty claim should occur on a product ordered online, the customer can return it to the contact address provided. Should it arise that the product does not have a fault that falls under warranty then awezome will bill the customer for any expenses incurred. Compensation for consequential damage (due to defects), as well as for any other damage to materials or financial loss and claims for damages by third parties against customers, are excluded, in as far as it is not a case of consumer business.
Claims by the customer other than the guarantee claims laid down in §7, especially damages claims, are excluded, in as far as this is legally permissible. Thus awezome accepts no responsibility for damage or harm not directly linked to the delivered object itself and especially not for loss of profit or other financial loss by the customer. In as far as the liability of awezome is excluded or limited, this also applies for the personal liability of employees, representatives or agents. The liability limitation defined in § 8 sec.1 does not apply in as far as the damage/harm is the result of intentionality or gross negligence or personal injury has occurred. Awezome accepts no responsibility for the eventuality that the services offered from its website are not available without interruption nor for the conservation of stored data.
LINKS AND REFERENCES
The links to outside pages made by awezome are only signposts to these sites; therefore they are presented in specific browser windows by means of external links. Awezome does not identify with the content of these pages to which reference is made and accepts no responsibility for them.
On ordering the customer is obliged to make truthful statements. In as far as there is a change in the customer’s data, especially names, address, e-mail address, telephone number, the customer is obliged to inform awezome of this change without delay by changing the information given. If the customer fails to give this information or provides false data from the outset, especially a false e-mail address, then awezome may withdraw from the contract, in as far as such a contract has been made.
APPLICABLE LAW AND JURISDICTION
Austrian law applies. In all legal matters Austrian law, excluding any of its reference provisions and the UN sales law, applies exclusively to all legal dealings between awezome and the customer applies, in as far as this is legally permissible. For consumers as defined in Art 5 EVÜ their national obligatory consumer protection law provisions apply, unless the applicable Austrian provisions are more favourable. If the customer is not subject to general legal jurisdiction in Austria, has changed residence or moved his/her normal place of residence abroad since the purchase contract was made or his/her normal residence is not fixed/known at the time of any action brought, then Zell am See will be applied as the exclusive jurisdiction for any disputes arising directly or indirectly as a result of a contract. If the customer has his place of residence or is normally present or is employed in Austria, then for an action against him/her in accordance with §§88, 89, 93 Sect. 2 and 104 Para. 1 amended, any question relating to the competence of a particular court can only be determined by place of residence, normal place of presence or employment location. This is not the case with pre-existing disputes. For any legal disputes arising from the contract, the mandatory computer protection law provisions at the consumer’s place of residence are also applicable to the contractual relationship.
All data collected by us will be used and processed exclusively within the framework of the current data protection laws in accordance with our data protection regulations.
Should certain terms of the current contract be ineffective or impracticable or after contract closure be ineffective or impracticable, then the validity of the remaining provisions of the contract still remains unchanged. Practical and effective provisions, the effects of which will come closest to fulfilling the commercial goals pursued by the contracting parties through the ineffective and/or impracticable provisions, will replace the ineffective or impracticable provisions. The provisions above also apply in the case that the contract is incomplete.