General terms and conditions (GTC)

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.
5.2. 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


– Start of the withdrawal instructions for consumers –

Withdrawal by explicit written declaration

Within 14 days after receipt of the goods, every Customer may withdraw from the contract concluded without having to state reasons by sending a written declaration of withdrawal. For that, it is sufficient that the declaration of withdrawal is sent within this period (decisive is the date of the postmark). In this case, the Customer is obliged to immediately return the goods with verification. The costs of return shipment (postage) must be borne by the Customer. If the goods were used and/or damaged, then the Customer must pay an appropriate remuneration for such use, including an appropriate compensation for the damages caused – maximally to the amount of the value of the goods – to the Seller. The declaration of withdrawal must be sent to the following address:

Eyeworks GmbH
Hauptstraße 52
A-8582 Rosental
Austria

Withdrawal by simply returning the goods

The Customer may also execute his/her right of withdrawal by simply returning the goods to the Seller with verification without a written declaration of withdrawal within 14 days after receipt. In order to meet the deadline, in this case, it is sufficient to return the goods with verification in time. Prerequisite for this type of execution of the right of withdrawal by simply returning the goods is, that the goods are not damaged or used as well as that the return is undertaken with sufficient postage. The Seller will bear the costs of return shipment (postage) exclusively in case of wrong or defective delivery.

The risk of the return shipment as well as its verification respectively lie with the Customer. In case of a withdrawal of the Customer (by explicit declaration or simply returning the goods), the Seller immediately pays back the purchase price already paid – shipping costs are not reimbursed. In case of an order on open account, there will be a credit to the customer account.

– End of the withdrawal instructions 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.