The following terms and conditions also contain legal information about your rights under the regulations on distance contracts and electronic commerce.
1. Scope
2. Offers and service descriptions
3. Ordering process and conclusion of contract
4. Prices and Shipping Costs
5. Delivery, availability of goods
6. Payment Terms
7. Retention of title
8. Warranty for 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. Data Protection
15. Jurisdiction, Applicable Law, Language of the Contract
1. Scope
1.1. The following General Terms and Conditions in their version valid at the time of the order apply exclusively to the business relationship between Eyeworks GmbH, Hauptstrasse 52, A-8582 Rosental (hereinafter referred to as "Seller") and the customer (hereinafter referred to as "Customer").
1.2. You can reach us for questions, complaints, and objections during our opening hours. These are from Monday to Thursday from 09:00 to 17:00 and Friday from 09:00 to 14:30, as well as by email at office@eyeshaker.at.
1.3. A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that cannot be attributed to their commercial or independent professional activity (§ 13 BGB).
1.4. Deviating conditions of the customer will not be recognized unless the seller expressly agrees to their validity in writing.
2. Offers and service descriptions
2.1. The presentation of the products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. Service descriptions in catalogs or on the seller's websites do not have the character of an assurance or guarantee.
2.2. All offers are valid “while stocks last”, unless otherwise stated for the products. Otherwise, errors remain.
3. Ordering process and conclusion of contract
3.1. The customer can select products from the seller's range on a non-binding basis and collect them in a so-called shopping cart using the button [add to cart].
3.2 Subsequently, the customer can proceed to complete the order process within the shopping cart by clicking the button [Proceed to Checkout].
3.3. By clicking the [Kaufen] button, the customer submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. Required information is marked with an asterisk (*).
3.4. The seller then sends the customer an automatic acknowledgment of receipt via email, in which the customer's order is listed again and which the customer can print using the "Print" function (order confirmation). The automatic acknowledgment of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded when the seller ships the ordered product to the customer within 2 days, hands it over, or confirms the shipment to the customer within 2 days with a second email, explicit order confirmation, or sending of the invoice.
3.5. If the seller allows a prepayment, the contract is concluded with the provision of the bank details and payment request. If the payment has not been received by the seller by a date 10 calendar days after the order confirmation has been sent, despite being due and after a renewed request, the seller withdraws from the contract, resulting in the order being void and the seller having no obligation to deliver. The order is then completed for the buyer and seller without further consequences. Therefore, a reservation of the item for prepayments is made for a maximum of 10 calendar days.
4. Prices and Shipping Costs
4.1. All prices stated on the seller's website include the applicable statutory sales tax.
4.2. In addition to the prices stated, the seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on the shipping cost page and during the ordering process.
5. Delivery, availability of goods
5.1. If no copies of the product selected by the customer are available at the time of the customer's order, the seller will inform the customer of this in the order confirmation. If the product is permanently unavailable, the seller will refrain from a declaration of acceptance. In this case, no contract is concluded.
5.2. If the product specified by the customer in the order is only temporarily unavailable, the seller will also inform the customer of this promptly in the order confirmation. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. Furthermore, in this case, the seller is also entitled to dissolve the contract. The seller will promptly refund any payments already made by the customer. If advance payment has been agreed upon, delivery will take place after receipt of the invoice amount.
6. Payment Terms
6.1. The customer can choose from the available payment methods within the scope and before completing the ordering process.
6.2. If payment by invoice is possible, payment must be made within 14 days after receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3. If third parties are commissioned to process payments, e.g. Paypal. their general terms and conditions apply.
6.4. If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer must pay default interest of 5 percentage points above the base interest rate.
6.5. The customer's obligation to pay default interest does not preclude the seller from claiming further damages due to default.
6.6. The customer only has the right to offset if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.
7. Retention of title
The delivered goods remain the property of the seller until full payment has been made.
8. Warranty for material defects and guarantee
8.1. The warranty is determined by legal regulations.
8.2. A guarantee exists for the goods supplied by the seller only if it has been expressly given.
9. Liability
9.1. The following exclusions and limitations of liability apply to the seller's liability for damages, without prejudice to the other legal requirements for claims.
9.2. The seller is liable without limitation if the cause of the damage is due to intent or gross negligence.
9.3. Furthermore, the seller is liable for the slightly negligent violation of essential obligations, the violation of which jeopardizes the achievement of the purpose of the contract, or for the violation of obligations whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies. In this case, however, the seller is only liable for foreseeable, contract-typical damage. The seller is not liable for the slightly negligent violation of obligations other than those mentioned in the previous sentences.
9.4. The above limitations of liability do not apply in the event of injury to life, body or health, for a defect after a guarantee has been given for the quality of the product and for defects that are fraudulently concealed. Liability under the Product Liability Act remains unaffected.
9.5. To the extent that 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/Withdrawal Information
– Start of the withdrawal instruction for consumers –
Withdrawal by express written declaration
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last item. To exercise your right of withdrawal, you must inform us (Eyeworks Gmbh, Hauptstraße 52, 8582 Rosental, Austria, office@eyeshaker.com, Phone: +43 676 6 810 810) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). To meet the withdrawal deadline, it is sufficient for you to send the communication regarding the exercise of the right of withdrawal before the withdrawal period has expired. The costs of returning the goods (postage) are to be borne by the customer. If the goods have been used and/or damaged, the customer must pay the seller a reasonable compensation for use, including a reasonable replacement for the damage incurred – up to a maximum of the value of the goods.
Consequences of revocation
"If you revoke this contract, we will refund you all payments we have received from you immediately and no later than fourteen days from the day on which we receive the notification of your revocation of this contract. For this refund, we will use the same payment method that you used for the original transaction, unless something else has been expressly agreed upon with you; in no case will you be charged any fees for this refund. We may withhold the refund 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 you inform us of the cancellation of this contract. The deadline is met if you send the goods before the fourteen-day period has expired. The costs of the return (postage) are borne solely by the seller in the case of incorrect or defective delivery. You are only liable for any loss in value of the goods if this loss in value is due to handling them in a way that is not necessary for checking their nature, characteristics, and functioning.
– End of the withdrawal instruction for consumers –
11. Information on the exclusion of the right of withdrawal
The right of withdrawal does not exist for the delivery of goods that are made according to customer specifications or are clearly tailored to personal needs, or for the delivery of audio or video recordings or software, provided that the delivered data carriers have been unsealed by you.
12. Returns
12.1. Customers are requested to notify the seller of the return at the email address office@eyeshaker.at before returning the item, in order to announce the return. This allows the seller to assign the products as quickly as possible.
12.2. Customers are requested to return the goods to the seller as a prepaid package and to keep the shipping receipt. The seller will reimburse the customer for the postage costs in advance upon request, provided that these are not to be borne by the buyer themselves.
12.3. Customers are requested to avoid damage or contamination of the goods. The goods should be returned to the seller, if possible, in the original packaging with all accessories. If the original packaging is no longer in the seller's possession, another suitable packaging should be used to ensure adequate protection against transport damage and to avoid any claims for damages due to inadequate packaging.
12.4. The modalities mentioned in this section (No. 12) of the GTC are not a prerequisite for the effective exercise of the right of withdrawal according to No. 10 of these GTC.
13. Storage of the contract text
13.1. The seller stores the contract text of the order. The terms and conditions are available online. The customer can print the contract text before submitting the order to the seller by using the print function of their browser in the last step of the order.
13.2. The seller also sends the customer an order confirmation with all order details to the email address provided by him. Furthermore, the customer receives a copy of the terms and conditions with his order.
14. Data Protection
14.1. The seller processes the customer's personal data purposefully and in accordance with the legal provisions.
14.2. The personal data provided for the purpose of ordering goods (such as name, email address, address, payment details) will be used by the seller to fulfill and process the contract. This data will be treated confidentially and will not be disclosed to third parties who are not involved in the ordering, delivery, and payment process.
14.3. The customer has the right to request free information about the personal data that the seller has stored about him. Additionally, he has the right to correct inaccurate data, block, and delete his personal data, provided that there is no legal obligation to retain it.
14.4. Further information on the type, scope, location, and purpose of the collection, processing, and use of the required personal data by the seller can be found in the privacy policy.
15. Jurisdiction, Applicable Law, Language of the Contract
15.1. The place of jurisdiction and performance is the registered office of the seller if the buyer is a merchant, a legal entity under public law, or a public law special fund.
15.2. The law of the Republic of Austria shall apply. This does not apply if mandatory consumer protection regulations oppose such application.
15.3. The language of the contract is German.
Alternative dispute resolution in accordance with Article 14 Paragraph 1 ODR-VO and Section 36 VSBG:
The European Commission provides a platform for online dispute resolution (ODR), which you can find at https://ec.europa.eu/consumers/odr. We are not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board.
