The following terms and conditions also contain legal information about your rights under the regulations governing distance selling and electronic commerce contracts.
1. Scope
2. Offers and service descriptions
3. Ordering process and contract conclusion
4. Prices and shipping costs
5. Delivery, product availability
6. Payment terms
7. Retention of title
8. Warranty for 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, Contract Language
1. Scope
1.1. For the business relationship between Eyeworks GmbH, The following General Terms and Conditions apply exclusively to the business relationship between Keilgasse 13, A-8580 Köflach (hereinafter referred to as "Seller") and the customer (hereinafter referred to as "Customer") in the version valid at the time of the order.
1.2. You can reach us with questions, complaints, and concerns during our opening hours. These are Monday to Thursday from 9:00 a.m. to 5:00 p.m. and Friday from 9:00 a.m. to 2:30 p.m., as well as by email at office@eyeshaker.at
1.3. For the purposes of these terms and conditions, a consumer is any natural person who enters into a legal transaction for purposes that are neither related to their commercial nor their independent professional activity (§ 13 BGB).
1.4. Any differing terms and conditions of the customer shall not be recognized unless the seller expressly agrees to their validity in writing.
2. Offers and service descriptions
2.1. The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. Product descriptions in catalogs and on the seller's websites do not constitute a warranty or guarantee.
2.2. All offers are valid "while stocks last," unless otherwise stated with the product. Errors and omissions excepted.
3. Ordering process and contract conclusion
3.1. The customer can select products from the seller's range without obligation and collect them in a so-called shopping cart via the [add to cart] button.
3.2 The customer can then proceed to complete the order process by clicking the [Proceed to Checkout] button within the shopping cart.
3.3. By clicking the [Buy] button, the customer submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the customer can view and change the data at any time. Required fields are marked with an asterisk (*).
3.4. The seller will then send the customer an automatic confirmation of receipt by email, which lists the customer's order again and which the customer can print using 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 constitute acceptance of the offer. The purchase agreement is only concluded when the seller ships or delivers the ordered product to the customer within 2 days, or confirms shipment to the customer within 2 days by means of a second email, an explicit order confirmation, or by sending the invoice.
3.5. If the seller offers prepayment, the contract is concluded upon provision of the bank details and payment request. If payment is not received by the seller within 10 calendar days of the order confirmation being sent, even after a reminder, the seller will withdraw from the contract. As a result, the order becomes invalid, and the seller has no obligation to deliver. The order is then considered complete for both the buyer and seller without further consequences. Therefore, items are reserved for a maximum of 10 calendar days for prepayment orders.
4. Prices and shipping costs
4.1. All prices listed on the seller's website include the applicable statutory value added tax.
4.2. In addition to the stated prices, the seller charges shipping costs for delivery. These shipping costs are clearly communicated to the buyer on the shipping costs page and during the order process.
5. Delivery, product availability
5.1. If no copies of the product selected by the customer are available at the time of the order, the seller will inform the customer of this in the order confirmation. If the product is permanently unavailable, the seller will refrain from issuing an acceptance of the order. In this case, no contract is formed.
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 immediately 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 withdraw from the contract. The seller will then promptly refund any payments already made by the customer. If payment in advance 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 during and before the completion of the order process.
6.2. If payment by invoice is possible, payment must be made within 14 days of receiving the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3. If third-party providers are commissioned to process payments, e.g., Paypal, their terms and conditions apply.
6.4. If the payment due date is determined by calendar date, the customer is in default upon missing the deadline. In this case, the customer must pay default interest at a rate 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 for default.
6.6. The customer is only entitled to set-off if their counterclaims have been legally established or acknowledged by the seller. The customer may only exercise a right of retention to the extent that the claims arise from the same contractual relationship.
7. Retention of title
The delivered goods remain the property of the seller until full payment has been received.
8. Warranty for defects and guarantee
8.1. The warranty is governed by statutory regulations.
8.2. A warranty for the goods supplied by the seller only exists 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 other statutory requirements for claims.
9.2. The seller is liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
9.3. Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which is essential for the proper performance of the contract and on which the customer regularly relies. In this case, however, the seller is only liable for foreseeable damages typical of this type of contract. The seller is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
9.4. The foregoing limitations of liability do not apply in cases of injury to life, body, or health, for defects after the assumption of a guarantee for the quality of the product, or in cases of fraudulently concealed defects. 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 agents.
10. Right of withdrawal/Cancellation policy
– Start of the cancellation policy for consumers –
Withdrawal by express written declaration
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last goods. 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 an unequivocal statement (e.g. a letter sent by post or email). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. The customer bears the costs of returning the goods (postage). If the goods have been used and/or damaged, the customer shall pay the seller reasonable compensation for use, including reasonable compensation for any damage incurred – up to a maximum of the value of the goods.
Consequences of the revocation
If you withdraw from this contract, we will reimburse all payments received from you without undue delay and in any event no later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period has expired. The seller bears the costs of return shipping (postage) only in cases of incorrect or defective delivery. You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
– End of the consumer cancellation policy –
11. Information on the exclusion of the right of withdrawal
The right of withdrawal does not apply to the delivery of goods that are made to customer specifications or are clearly tailored to personal needs, or to the delivery of audio or video recordings or software if the delivered data carriers have been unsealed by you.
12. Returns
12.1. Customers are requested to notify the seller of their return by emailing office@eyeshaker.at before sending the product back. This will allow the seller to process the return as quickly as possible.
12.2. Customers are requested to return the goods to the seller as a prepaid package and to retain the proof of postage. The seller will reimburse the customer for postage costs in advance upon request, provided these costs are not to be borne by the buyer.
12.3. Customers are requested to avoid damaging or soiling the goods. If possible, the goods should be returned to the seller in their original packaging with all accessories. If the original packaging is no longer available, other 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 General Terms and Conditions are not a prerequisite for the effective exercise of the right of withdrawal pursuant 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 terms and conditions are available online. The customer can print the contract text before submitting the order to the seller by using their browser's print function in the final step of the ordering process.
13.2. The seller will also send the customer an order confirmation with all order details to the email address provided by the customer. Furthermore, the customer will receive a copy of the terms and conditions with their order.
14. Data protection
14.1. The seller processes the customer's personal data for specific purposes and in accordance with legal regulations.
14.2. The personal data provided for the purpose of ordering goods (such as name, email address, postal 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, upon request and free of charge, to receive information about the personal data stored about him or her by the seller. He or she also has the right to rectification of inaccurate data, blocking and erasure of his or her personal data, provided that no legal obligation to retain such data exists.
14.4. Further information about the type, scope, location and purpose of the collection, processing and use of the necessary personal data by the seller can be found in the privacy policy.
15. Jurisdiction, Applicable Law, Contract Language
15.1. The place of jurisdiction and performance is the seller's place of business if the buyer is a merchant, a legal entity under public law or a special fund under public law.
15.2. The law of the Republic of Austria applies. This does not apply if mandatory consumer protection regulations preclude such application.
15.3. The contract language is German.
Alternative dispute resolution pursuant to Article 14(1) of the ODR Regulation and Section 36 of the German Consumer Dispute Resolution Act (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 neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
