General Terms and Conditions of EWALIA GmbH
§ 1 Scope (1) The business relationship between us, EWALIA GmbH and you, the purchaser of the products presented on the website http://www.ewalia.at (hereafter "ewalia.at") (hereinafter referred to as "goods") is exclusively subject to the following General Terms and Conditions (hereinafter referred to as "GTC") in their version valid at the time of the order.
(2) Conflicting or additional conditions or conditions deviating from these terms and conditions will not be part of the contract, unless we have expressly agreed their validity in writing.
(3) You are a consumer insofar as the purpose of your legal transaction with us cannot be attributed to your commercial or independent professional activity at the time of its conclusion. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the legal transaction with us, acts in the exercise of his commercial or independent professional activity.
§ 2 Conclusion of contract (1) The presentation of goods on ewalia.at does not constitute a binding offer to conclude a purchase contract.
(2) Only persons who are of age may place orders.
(3) You can order the goods by input field on http://www.ewalia.at.
We can unfortunately not accept orders that have not been placed through the designated order process. When placing an order via an input field, you can immediately view your entries on the order form during the entire input process. You can correct input errors by using the usual keyboard and mouse functions until you click on the "Order and pay" button.
(4) When you order by clicking on the "Order and pay" button below the input field on ewalia.at you make a binding offer to purchase.
(5) After we receive an order via input form, we will immediately send you a confirmation by email, which documents your order once again. This receipt only confirms that your order has arrived, but does not constitute acceptance of your offer.
(6) The contract with us is only concluded when we confirm the acceptance of the order in a separate email ("order confirmation").
(7) The contract is concluded exclusively in German. The contract language is exclusively German.
§ 3 Right of Cancellation and Costs Agreement (1) If you are a consumer, you have the following right of cancellation: - Right to cancellation -
You can cancel your contract in writing (for example, letter, fax, email) within 14 days without giving reasons or - if before the deadline - by returning the goods. The period begins after receipt of this instruction in text form, but not before receipt of the goods at the recipient, and not before fulfilment of our information obligations under Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 Introductory Statute to the German Civil Code (EGBGB) and our obligations under § 312e paragraph 1 Sentence 1 German Civil Code (BGB) in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the cancellation form or of the item is sufficient for compliance with the cancellation period. The cancellation must be addressed to:
Industriestraße 264, 8321 St. Margarethen a.d.R.
Consequences of cancellation are that the services received on both sides must be returned and, if applicable, any benefits derived (such as interest) must be surrendered. If you are unable to return the service received to us in whole or in part or only in a deteriorated condition, you may have to pay us compensation. This does not apply to the surrender of goods if the deterioration of the item can only be attributed to its examination - as you would have done in a shop, for example. Otherwise, you can avoid the obligation to pay compensation for a deterioration caused by the intended use of the item by not using the item as your own property and refraining from doing anything that impairs its value. Items that can be sent as a parcel are to be returned at our risk. You bear the immediate costs of returning the goods, according to §357 paragraph 6 German Civil Code.
Obligations to reimburse payments must be fulfilled within 30 days. For you, this period starts when you send off the cancellation notice, for us it starts when we receive it. - End of cancellation -
(2) The right of cancellation does not apply to distance contracts for the supply of goods that are manufactured to your specifications or clearly tailored to your personal needs or that are not suitable for a return due to their nature.
If you are unable to return the service received to us in whole or in part or only in a deteriorated condition, you may have to pay us compensation. This does not apply to the surrender of goods if the deterioration of the goods can only be attributed to examining them, as you would have done in a shop, for example. Otherwise, you can avoid the obligation to pay compensation for a deterioration caused by the intended use of the item by not using the item as your own property and refraining from doing anything that impairs its value.
(4) If you make use of your right of cancellation under paragraph 1, you have to bear the regular costs for the return of the goods if the delivered goods correspond to the order or if you, at a higher price of the item, have not yet provided the consideration or a contractually agreed partial payment at the time of cancellation.
§ 4 Retention of title The goods remain in our property until you have paid for them in full.
§ 5 Delivery (1) The goods are shipped with DHL or the Austrian Post Office. Unless expressly agreed otherwise, we determine the mode of shipment and the carrier at our discretion.
(2) Unless otherwise agreed, the delivery time is up to ten working days from receipt of payment.
(3) We reserve the right that the packaging of the goods may differ from the illustrations in the shop.
§ 6 Prices / Shipping Costs (1) The prices stated at the time of sending your order under http://www.ewalia.at apply to your order.
(2) All prices listed on http://www.ewalia.at include VAT and do not include shipping costs.
(3) The shipping costs within Austria are € 4.90 For an order value of € 50.00 upwards, shipping within Austria is free. (3) The shipping costs to Germany are € 4.90.For an order value of € 50.00 upwards, shipping to Germany is free.
§ 7 Payment terms, payment methods (1) You can pay in the following ways:
Prepayment: After receiving the order confirmation from us, you transfer the purchase price to the account specified in the confirmation. The goods will be shipped to you immediately after receipt of the purchase price. PayPal Credit cards You can pay with VISA and MasterCard. Express transfer
(2) Unless otherwise agreed, the payment of the purchase price is due immediately upon conclusion of the contract. In case of default we are entitled to demand the statutory default interest. If we can prove having incurred a higher damage caused by default, we are entitled to assert this.
(3) Orders for which no money has been received 4 weeks after the order date will be cancelled and cannot be reactivated. After a cancellation you have to place a new order if you want to receive the desired items.
§ 8 Warranty and Liability (1) Unless otherwise provided below, we are liable for defects in quality and title in accordance with the relevant statutory provisions, in particular §§ 434 ff. BGB (German Civil Code). The limitation period for statutory warranty claims is two years. The limitation period starts with delivery of the goods.
(2) If you are an entrepreneur, the following inspection and notification duty applies with regard to defects of the goods: You have to check the delivered goods upon receipt and notify us of any defects in writing immediately, no later than two weeks after receipt of the goods. Hidden defects must be reported to us in writing immediately, at the latest two weeks after their discovery. You have to describe the defects to us in writing.
(3) In the case of slight negligence we are liable only if essential obligations, i.e. obligations the fulfilment of which are essential for the proper execution of the contract and on whose observance you can regularly rely and trust, are violated. In the event of a breach of such obligations, our liability shall be limited to such damages as were typically expected to arise within the scope of the respective contract. Otherwise, the liability for slight negligence is excluded. The above limitations of liability shall not apply to damages resulting from the breach of a warranty or from injury to life, limb or health, intent or gross negligence, as well as mandatory statutory liability for product defects.
§ 9 Copyrights We have copyrights to all pictures, films and texts published on ewalia.at. The use of images, films and texts is not permitted without our express written consent.
§ 10 Data Protection (We use the personal data provided by you (such as name, address, date of birth, email address, telephone number, account number and bank code) in accordance with the provisions of Austrian data protection law.
§ 11 Final Provisions (1) For orders and all disputes arising out of or in connection with orders, Austrian law shall apply to the exclusion of the UN Sales Convention (CISG).
(2) The place of performance is St. Margarethen.
(3) If you are an entrepreneur, the exclusive place of jurisdiction for disputes arising out of or in connection with your order is Graz, but we are also entitled to bring legal action at your registered office as well as at any other permissible place of jurisdiction. In addition, the place of jurisdiction is determined by the general statutory provisions.
Provider/entity responsible for the content: E.C. Handels GmbH / see Legal Notice
Registered office: St.Margarethen a.d.R. Commercial Register: Regional Civil Court Graz Commercial Register no.: 480504z Authorised representative: Ewald Seidl
Email: email@example.com VAT ID No.: ATU72692669 Status: 20 November 2017