The following General Terms and Conditions also include legal information regarding your rights according to the regulations on contracts for remote sales and electronic business transactions.
1. Scope of application
2. Offers and specification of services
3. Order process and conclusion of contract
4. Prices and shipping costs
5. Delivery, availability of goods
6. Terms of payment
7. Retention of title
8. Warranty covering material defects and guarantee
9. Liability
10. Right of withdrawal
11. Exclusion of the right of withdrawal
12. Returns
13. Storage of the contract text
14. Privacy
15. Place of jurisdiction, applicable law, contract language
1. Scope of application
1.1. The following General Terms and Conditions in their version valid at the time of ordering exclusively apply to the business relationship between Eyeworks GmbH, Hauptstrasse 52, A-8582 Rosental / Austria (hereinafter “Seller”) and the customer (hereinafter “Customer”).
1.2. For questions, claims and complaints, you can reach us during our business hours. These are Monday to Thursday from 9:00 am to 5:00 pm and Friday from 9:00 am to 2:30 pm, as well as via e-mail under office@eyeshaker.at.
1.3. A consumer in terms of these General Terms and Conditions is any natural person, who concludes a legal transaction for a purpose, which can neither be attributed to his/her commercial nor his/her independent professional activity (§ 13 BGB [Civil Code]).
1.4. Any deviating conditions of the Customer will not be acknowledged, unless the Seller explicitly agrees to their validity in writing.
2. Offers and specification of services
2.1. Representation of the products in the online shop does not represent a legally binding offer, but an invitation to place an order. Service specifications in catalogues as well as on the websites of the Seller do not represent a warranty or guarantee.
2.2. All offers apply “while stocks last”, unless otherwise specified with the products. Apart from that, errors remain reserved.
3. ORDER PROCESS AND CONCLUSION OF CONTRACT
3.1. The Customer may choose products from the Seller’s assortment without any commitment and collect these in a so-called shopping cart via the [Add to cart] button.
3.2 Then the Customer may proceed to completion of the order process within the shopping cart via the [Proceed to checkout] button.
3.3. Via the [Purchase] button, the Customer makes a binding offer for purchasing the goods located in the shopping cart. Prior to sending the order, the Customer may change and view the data anytime. Required entries are marked with an asterisk (*).
3.4. Thereupon, the Seller sends an automatic confirmation of receipt via e-mail to the Customer, in which the Customer’s order is listed once again and which the Customer may print out via the “Print” function (order confirmation). The automatic confirmation of receipt merely documents that the Customer’s order has been received by the Seller and does not represent acceptance of the request. The purchase contract is only concluded, when the Seller sends the products ordered to the Customer within 2 days, hands them over, or confirms their shipment to the Customer within 2 days with a second e-mail, an explicit order confirmation or mailing of the invoice.
3.5. Should the Seller enable advance payment, then the contract is concluded with provision of the banking details and the request for payment. If the payment, despite being due, should not have been received by the Seller after a second reminder until 10 calendar days following the order confirmation being sent, then the Seller withdraws from the contract, with the consequence that the order lapses and the Seller is no longer obliged to deliver. Then the order is considered finished without consequences for Customer and Seller. Therefore, in case of advance payment, the product ordered will be reserved for a maximum of 10 calendar days.
4. PRICES AND SHIPPING COSTS
4.1. All prices indicated on the Seller’s website are understood as including the respectively valid legal sales tax.
4.2. In addition to the prices indicated, the Seller charges shipping costs for the delivery. The Customer is clearly notified about the shipping costs on the shipping costs page and within the scope of the order process.
5. DELIVERY, AVAILABILITY OF GOODS
5.1. If, at the time of the Customer’s order, no items of his/her chosen product are available, then the Seller informs the Customer about that in the order confirmation. If the product should be permanently unavailable, then the Seller refrains from a declaration of acceptance. In this case, no contract is concluded.
If the product designated in the Customer’s order should be only temporarily unavailable, then the Seller likewise immediately informs the customer about that in the order confirmation. In case of a delay in delivery of more than two weeks, the Customer is entitled to withdraw from the contract. Furthermore, in this case, the Seller, too, is entitled to withdraw from the contract. On this occasion, the Seller will immediately reimburse any payments of the Customer already made. Insofar as advance payment has been agreed, delivery is undertaken following receipt of the invoiced amount.
6. TERMS OF PAYMENT
6.1. Within the scope and before completion of the order process, the Customer may choose from the types of payment available.
6.2. If payment is possible via invoice, then the payment must be undertaken within 14 days following receipt of goods and invoice. For all other types of payment, payment must be undertaken in advance without deduction.
6.3. If third-party providers are assigned with payment processing, e.g., Paypal, then their general terms and conditions apply.
6.4. If the due date of the payment is determined by the calendar, then the Customer will already fall into arrears by failure to meet the deadline. In this case, the Customer must pay interest on arrears to the amount of 5 percentage points above the base rate.
6.5. The Customer’s obligation to pay interest on arrears does not exclude the assertion of further damages due to delay by the Seller.
6.6. The Customer is only entitled to offset, if his/her counterclaims have been legally established or acknowledged by the Seller. The Customer may only execute a right of retention, insofar as the claims result from the same contractual relationship.
7. RETENTION OF TITLE
The goods delivered remain the Seller’s property until complete payment.
8. WARRANTY COVERING MATERIAL DEFECTS AND GUARANTEE
8.1. The warranty is governed by legal provisions.
8.2. A guarantee for the goods delivered by the Seller only exists when this was explicitly provided.
9. LIABILITY
9.1. Without prejudice to other legal eligibility criteria, the following exclusions and limitations of liability apply to the Seller’s liability for damages.
9.2. The Seller is liable without limitation, insofar as the cause of damage is based on intent or gross negligence.
9.3. Furthermore, the Seller is liable for the slightly negligent violation of essential obligations, the violation of which endangers achievement of the contractual purpose, or for the violation of obligations, the fulfilment of which enables proper performance of the contract in the first place and on the compliance of which the Customer regularly relies. In this case, the Seller, however, is only liable for the foreseeable damage typical for the contract. The Seller is not liable for the slightly negligent violation of other obligations than those stated in the previous sentences.
9.4. The previous limitations of liability do not apply in case of injury to life, body, and health, to a defect following assumption of a guarantee for the condition of the product, and in case of maliciously concealed defects. Liability according to the product liability act remains unaffected.
9.5. Insofar as the Seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.
10. right of withdrawal
– Beginning of the cancellation policy for consumers –
Withdrawal by written declaration
You have the right to withdraw from this contract within fourteen days without giving any reason.The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods. To exercise your right of withdrawal, you must send us (Eyeworks Gmbh, Hauptstraße 52, 8582 Rosental, Austria, office@eyeshaker.com, phone: +43 676 6 810 810) a clear statement (e.g. a letter sent by post). or e-mail) about your decision to withdraw from this contract.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired. The costs of the return (postage) are to be borne by the customer. If the goods have been used and/or damaged, the customer must pay the seller reasonable compensation for use, including reasonable compensation for the damage incurred – up to a maximum of the value of the goods.
Withdrawal by simply returning the goods
The customer can also exercise his right of cancellation by sending the goods back to the seller without a written declaration of cancellation within 14 days of receipt. In this case, the timely dispatch of the goods with proof is sufficient to meet the deadline. The prerequisite for this type of exercise of the right of cancellation by simply returning the goods is that the goods are undamaged or used and that the return is sent with sufficient postage. The costs of the return (postage) are borne exclusively by the seller in the event of incorrect or defective delivery.
The customer bears the risk of returning the goods and checking them. In the event of cancellation by the customer (by express declaration or simply returning the goods), the seller will immediately refund the purchase price already paid - shipping costs will not be reimbursed. In the case of an order on open account, the customer account will be credited.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. The costs of the return (postage) are borne exclusively by the seller in the event of incorrect or defective delivery. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
– End of the cancellation policy for consumers –
11. NOTES ON AN EXCLUSION OF THE RIGHT OF WITHDRAWAL
The right of withdrawal is excluded upon delivery of goods, which are manufactured according to customer specification or are clearly tailored to personal needs, or upon delivery of audio or video recordings or of software, insofar as the data carriers delivered were unsealed by you.
12. RETURNS
12.1. Prior to return shipments, Customers are requested to inform the Seller about the return with an e-mail to office@eyeshaker.at, in order to announce the return. In this manner, they enable the Seller to allocate the products in the fastest possible way.
12.2. Customers are requested to return the goods to the Seller as a package with sufficient postage and to keep the receipt of posting. Upon request, the Seller will reimburse the postage to the Customer in advance, insofar as this must not be borne by the Customer him-/herself.
12.3. Customers are requested to avoid damaging or contamination of the goods. If possible, the goods, incl. any accessories, should be returned to the Seller in the original packaging. If the Customer does not have the original packaging available anymore, then other suitable packaging should be used, in order to provide for sufficient protection against transport damages and to avoid possible claims for damages due to damages as a consequence of insufficient packaging.
12.4. The modalities stated in this section (No. 12) of the General Terms and Conditions are not a prerequisite for the effective execution of the withdrawal acc. to No. 10 of these General Terms and Conditions.
13. STORAGE OF THE CONTRACT TEXT
13.1. The Seller stores the contract text of the order. The General Terms and Conditions are retrievable online. The Customer may print the contract text prior to placing the order with the Seller by using the print function of his/her browser in the last step of the order.
13.2. In addition, the Seller will send the Customer an order confirmation with all order data to the e-mail address indicated by him/her. Furthermore, the Customer will receive a copy of the General Terms and Conditions together with his/her order.
14. PRIVACY
14.1. The Seller processes personal data of the Customer for a specific purpose and according to the legal provisions.
14.2. The personal data provided for the purpose of ordering goods (such as, for example, name, e-mail address, address, payment details) are used by the Seller for fulfilling and performing the contract. This data will be treated confidential and not be passed on to third parties, who are not involved in the order, delivery and payment process.
14.3. The Customer is entitled, upon request and free of charge, to obtain information about the personal data, which the Seller stored about him/her. In addition, he/she is entitled to correction of incorrect data, blocking and deletion of his/her personal data, insofar as this is not opposed by any legal obligation to retain data.
14.4. Further information about type, scope, place and purpose of the collection, processing, and usage of the required personal data by the Seller can be found in the privacy statement.
15. PLACE OF JURISDICTION, APPLICABLE LAW, CONTRACT LANGUAGE
15.1. Place of jurisdiction and performance is the Seller’s place of business, if the purchaser is a merchant, a legal person under public law or a separate estate under public law.
15.2. The laws of the Republic of Austria apply. This does not apply, if mandatory consumer protection rules preclude such an application.
15.3. The contract language is German.
Alternative resolution of disputes according to Art. 14 Para. 1 ODR-VO (Regulation on Consumer ODR) and § 36 VSBG (Consumer’s Alternative Dispute Resolution Act):
The European Commission provides a platform for online dispute resolution (ODR), which can be found under https://ec.europa.eu/consumers/odr. We are not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.
