General Terms and Conditions of EWALIA GmbH
(1) The following General Terms and Conditions (hereinafter "GTC") shall apply exclusively for the business relationship between us, EWALIA GmbH and you, the purchaser of the products presented (hereinafter "goods" or "items") on the website http://www.ewalia.at (hereinafter "ewalia.at"), in the valid version at the time of the order.
(2) Contradicting, additional or deviating terms and conditions shall not become part of these GTC unless we have expressly agreed to their validity in writing.
(3) You are a consumer insofar as the purpose of your legal business with us at its conclusion cannot be attributed to your commercial or independent professional activity. By contrast, an entrepreneur is a natural or legal person or a partnership with legal capacity who, in concluding a legal transaction with us, acts in the exercise of its commercial or independent professional activity.
2 Conclusion of contract
(1) The presentation of goods via ewalia.at does not constitute a binding offer to conclude a sales contract.
(2) Only persons of full age may place orders.
(3) You may order the goods via the input field on http://www.ewalia.at.
Unfortunately, we cannot accept orders that are placed without using the ordering procedure provided. When you order using the input field, you can see your entries directly on the order form during the entire order process. You can correct any input errors before clicking on the “Kostenpflichtig bestellen” (“buy now”) button via keyboard or mouse.
(4) By clicking the "buy now” button below the input field on ewalia.at, you are submitting a binding offer to purchase.
(5) After we receive your order through the input form, we will immediately provide additional documentation of your order by sending you a confirmation of receipt by email. This confirmation of receipt merely confirms that we have received your order; it does not, however, constitute acceptance of your offer.
(6) The contract with us shall be concluded only when we confirm acceptance of the order by separate email ("order confirmation").
(7) The contract shall be concluded in German exclusively. The contractual language is German exclusively.
4 Retention of ownership
The goods remain our property until they have been paid for in full.
(1) The goods shall be shipped by DHL or Austrian Post. Unless expressly arranged otherwise, the mode of dispatch and transport company shall be determined by us at our reasonable discretion.
(2) Unless other delivery periods have been agreed upon, delivery will be within ten working days from receipt of payment.
(3) The packaging of the goods may deviate from the illustrations presented in the shop.
6 Prices / Shipping costs
(1) The prices valid for your order are those indicated at ewalia.at at the time of the dispatch of your order.
(2) All prices indicated at ewalia.at are inclusive of statutory VAT; shipping costs are not included.
(3) Shipping costs within Austria amount to €4.90. Orders valued at €50.00 or more are delivered within Austria free of shipping costs. Shipping costs to Germany are €4.90. Orders valued at €50.00 or more are delivered to Germany free of shipping costs.
7 Payment methods, payment terms
(1) We accept the following payment methods:
Prepayment: After receipt of our order confirmation, you pay the purchase price to the account specified in the confirmation. The goods will be shipped to you immediately after we receive your payment.
Credit cards: We accept VISA and MasterCard.
Immediate bank transfer
(2) Unless otherwise agreed, payment of the purchase price is due upon conclusion of the contract. In the event of default of payment, we are entitled to charge the statutory default interest. We are entitled to claim incurred higher damages due to late payment if these can be proven.
(3) Orders for which no money is received 4 weeks after the order date will be cancelled and cannot be reactivated. After a cancellation, a new order must be placed if you still wish to purchase the desired items.
8 Warranty and liability
(1) Unless otherwise stipulated below, we are liable for material and legal defects in accordance with the statutory provisions applicable to such defects, in particular sections 434 et seq. of the German Civil Code (BGB). The limitation period for legal claims for defects is two years. The limitation period shall begin with the delivery of the goods.
(2) If you are an entrepreneur, the following duty of inspection and notification of defects applies with regard to defects of the goods. You must inspect the delivered goods upon receipt and notify us in writing of any defects immediately, no later than two weeks after receipt of the goods. Hidden defects must be promptly reported to us in writing no later than two weeks after their discovery. Your notification must include a description of the defects in writing.
(3) We shall be liable only for slight negligence if essential obligations – i.e. obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on the compliance of which you regularly rely and may rely – are breached. In the event of a breach of such obligations, our liability shall be limited to such damages that could typically be expected to occur within the scope of the respective contract. Otherwise, there shall be no liability for slight negligence. The above-mentioned limitations of liability do not apply to damages resulting from the breach of a guarantee or from injury to life, body or health, in the case of intent or gross negligence, or a mandatory legal liability for product defects.
We own the copyrights for all image, film and text materials published at ewalia.at. Use of our image, film and text materials is not permitted without our express written consent.
10 Final Provisions
(1) If you are an entrepreneur, Austrian law shall apply to orders and all disputes arising from or in connection with orders, in exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) If you are an entrepreneur, the exclusive place of jurisdiction for disputes arising from or in connection with your order shall be Graz, Austria; however, we shall also be entitled to take legal action at your registered place of business as well as at any other permitted place of jurisdiction. In all other respects the place of jurisdiction shall be determined in accordance with the general statutory provisions.
Provider / Responsible for content: EWALIA GmbH / see Legal notice
Headquarters: St. Margarethen an der Raab
Commercial Register: Regional Court for Civil Affairs, Graz
Company Register No: 480504z
Authorised representatives: Ewald Seidl and Cornelia Seidl
VAT-ID No: ATU72692669