GTC
General Terms and Conditions of EWALIA GmbH
1 Scope
(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.
5 Delivery
(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.
PayPal:
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.
9 Copyrights
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
Email: office@ewalia.at
VAT-ID No: ATU72692669
Date: 05/03/2020
General Terms and Conditions of EWALIA GmbH
1 Scope
(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.
5 Delivery
(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.
PayPal:
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.
9 Copyrights
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
Email: office@ewalia.at
VAT-ID No: ATU72692669
Date: 05/03/2020