§ 1. General
WEBER+WEBER GmbH, FN 496585y with its registered office in 1040 Vienna (hereinafter: WEBER+WEBER) operates a web portal with an online shop at weberweber.it. These general terms and conditions (hereinafter “GTC”) apply to all business relationships between the customer and WEBER+WEBER (=contractual partner). Deviating terms and conditions of the customer are not recognized. The GTC apply regardless of whether the customer is a consumer or an entrepreneur. The terms and conditions apply for the duration of the entire business relationship as accepted.
The processing of the order and delivery of goods is carried out by WEBER+WEBER.
§ 2 Conclusion of contract
(1) The offers and goods contained on the website represent a non-binding invitation to the customer to order from WEBER+WEBER. All offers are non-binding and can be changed without prior notice to the customer.
(2) By submitting the completed order form on the Internet - with which the GTC are accepted - the customer submits a binding offer to conclude a purchase contract or contract for work and services. WEBER+WEBER then sends the customer an order confirmation by e-mail and checks the offer for its actual feasibility and, if applicable, the customer's creditworthiness. The order confirmation does not represent acceptance of the offer, but is only intended to inform the customer that their order has been received by WEBER+WEBER.
The contract is only concluded when WEBER+WEBER sends the ordered product to the customer and confirms the dispatch to the customer with a second e-mail (dispatch confirmation).
(3) The contract is concluded subject to the timely and complete manufacture of the goods. If the goods are not in stock, the customer will be informed immediately about the non-availability of the service. If the consideration has been provided by the customer, it will be reimbursed.
(4) Should the customer's data (e-mail address, address, telephone number, etc.) change, WEBER+WEBER will be informed of this in good time. If WEBER+WEBER has not been informed of the corresponding changes, legally valid declarations can be made using the last known e-mail address, telephone number, etc. Furthermore, the goods can be delivered to the last known address, discharging the debt.
§ 3 Delivery / Dispatch
(1) Delivery takes place within three weeks at the latest. The goods are usually dispatched within a few days. Delivery dates and delivery periods are only binding if they have been expressly confirmed as such in writing by WEBER+WEBER.
(2) Delivery takes place within the EU, to other countries on request.
(3) Deliveries are made by a shipping service provider to be selected by WEBER+WEBER. The general terms and conditions of the selected shipping service provider therefore apply in the relationship between the customer and WEBER+WEBER. These general terms and conditions are available at WEBER+WEBER and will be sent to the customer upon request. The transport risk is transferred to the customer when the goods are handed over to the carrier. A postage fee is to be borne by the customer, which may depend on the order value and the location to which delivery is to be made.
(4) If, exceptionally, delivery is not possible within the period of three weeks from the conclusion of the contract mentioned under (1), WEBER+WEBER will inform the customer immediately in text form at the latest when the period expires. The customer then has a right of withdrawal, which he must exercise immediately in text form.
(5) All deliveries from WEBER+WEBER are insured against theft and damage. The insurance cover expires in the course of the written acceptance by the customer upon delivery by the service partner.
If the delivery is made to a PO box or a packing station, WEBER+WEBER will not bear the costs of the return shipment.
For packages that are not collected or accepted, WEBER+WEBER reserves the right to charge the customer €50 for the costs incurred.
§ 4 Prices
(1) The product prices indicated are final product prices and are shown in euros. They include the applicable statutory sales taxes, but not shipping costs, any customs duties, etc., and are valid until revoked. Shipping costs are invoiced separately and shown separately in this. Should there have been price increases in the meantime, WEBER+WEBER undertakes to inform the customer of such price changes within a period of 14 days, stating the current price. The customer then has the option of informing WEBER+WEBER in writing within a further 14 days whether he agrees to the purchase at the changed price. Otherwise the contract is considered not to have come about. Special offers are subject to change. There is no entitlement to the continuation of offers. Special offers apply while supplies last.
(2) Shipping costs are to be borne by the customer, which may depend on the order value and the location to which delivery is to be made. Current shipping prices can be viewed at weberweber.it.
(3) The purchase price and shipping costs are due immediately upon ordering without deduction.
§ 5 Payment
(1) The customer can choose to pay in advance, by credit card or other payment methods such as PayPal. WEBER+WEBER reserves the right to restrict the options for the payment methods that a customer can choose from, depending on the order value, shipping region or other objective criteria.
(2) The purchase price is due for payment immediately.
(3) If the method of payment selected by the customer cannot be carried out despite WEBER+WEBER carrying out the payment in accordance with the contract, in particular because it is not possible to debit the customer's account due to insufficient funds in his account or because incorrect data has been provided, the customer shall have WEBER+WEBER or the WEBER+WEBER to compensate third parties commissioned with the processing for the additional costs incurred as a result.
(4) WEBER+WEBER is entitled to use the services of trustworthy third parties to process payments:
a) If the customer is in default of payment, WEBER+WEBER may assign the claims to a debt collection agency or commission a lawyer to collect the debt and transfer the personal data required for payment processing to this third party.
b) If third parties are involved in the payment processing, the payment in relation to WEBER+WEBER is only deemed to have been made when the amount plus the additional costs incurred by the third party (collection costs, legal costs, costs of the appropriate and necessary legal enforcement) have been paid to the third party in accordance with the contract was made available so that the third party can freely dispose of it.
§ 6 Retention of title
(1) The goods remain the property of WEBER+WEBER until the claims due to WEBER+WEBER have been settled.
(2) The customer is obliged to treat the goods with care until ownership is transferred to him.
§ 7 Warranty
(1) Information, drawings, illustrations, technical data, descriptions of weight, dimensions and performance contained in brochures, catalogues, circulars, advertisements or price lists are of a purely informational nature. WEBER+WEBER assumes no liability for the correctness of this information. With regard to the type and scope of the delivery, only the information contained in the order confirmation is decisive. The goods offered on the web portal are presented in the form of digital photographs and graphics. Deviations between the representation and reality can be due to technical reasons and do not represent a defect in the goods ordered.
It is expressly pointed out that the goods presented on the web portal may no longer be available or no longer available at the time the homepage is viewed. It is also possible that price changes have not yet been recorded on the homepage.
(2) If there is a defect subject to warranty and the delivered goods are defective, the warranty provisions of Austrian law shall apply. If the goods are defective, WEBER+WEBER is entitled to improve them, in particular by delivering individual replacement parts. A price reduction or cancellation of the contract can be requested if the repair or replacement is not possible, involves a disproportionate effort for WEBER+WEBER or if WEBER+WEBER cannot meet the customer's request or cannot meet it within a reasonable period of time. According to the statutory provisions, the right to cancel the contract is excluded if the defect is only minor. Claims for damages by the customer only exist if they are based on intent or gross negligence; this does not apply to personal injury.
(3) If the improvement is made by way of a replacement delivery, the customer is obliged to return the goods delivered first to WEBER+WEBER within 30 days at WEBER+WEBER's expense. The defective goods must be returned in accordance with the statutory provisions. WEBER+WEBER reserves the right to claim damages under the statutory conditions.
(4) The limitation period for warranty claims for the delivered goods is two years from receipt of the goods.
(5) Data transfer via the Internet may be subject to certain disruptions given the state of the art. WEBER+WEBER therefore assumes no liability for the web portal being available at all times or without interruption. If there are links to third-party websites on the web portal, WEBER+WEBER assumes no liability for these, their content or their correctness.
§ 8 Right of Withdrawal
up to two weeks, exclusion of the right of withdrawal
(1) If the customer is a consumer, he has a right of withdrawal.
Right of withdrawal
right of withdrawal
Customers can revoke their contractual declaration within 14 days in text form (e.g. letter, fax, e-mail) without giving reasons or - if they are given the item before the deadline - by returning the item. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery) and not before we have fulfilled our information obligations. The timely dispatch of the cancellation or the item is sufficient to meet the cancellation deadline.
The revocation must be sent to:
Favorite Street 7/4
or by email to: email@example.com
Consequences of revocation
In the event of an effective revocation, the mutually received services are to be returned. It should be noted that other ancillary costs (shipping costs, etc.) will not be reimbursed by WEBER+WEBER. If the customer cannot return the service received to WEBER+WEBER in whole or in part, or only in a deteriorated condition, he must pay WEBER+WEBER compensation for the lost value. This does not apply to the surrender of items if the deterioration of the item is solely due to its inspection - as it would have been possible for the customer to do in a shop. In addition, the customer can avoid the obligation to pay compensation for deterioration of the item as a result of using the item as intended (i.e. only using it for the purpose for which the respective product is intended and intended) by not taking the item as is property and refrains from anything that impairs its value.
Items that can be shipped by parcel are to be returned at the risk of WEBER+WEBER. However, WEBER+WEBER bears the risk only if the customer uses the return slip sent to him and uses the shipping company named by WEBER+WEBER.
The customer must bear the costs of the return if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the item, he has not yet received the consideration or a have made the contractually agreed partial payment. Otherwise, the return is free of charge for the customer, but only if the customer uses the return slip sent to him and uses the shipping company named by WEBER+WEBER.
Items that cannot be shipped by parcel will be picked up from the customer. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for the customer when the declaration of revocation or the item is sent, for WEBER+WEBER as follows: WEBER+WEBER will check the returned goods and the enclosed documents once they have been received by WEBER+WEBER. This check can take up to 14 days. If the refund procedure is positively concluded, the customer will be refunded the purchase price - less any return shipping costs to be borne by the customer - in accordance with the above provisions by chargeback. If the recipient of the goods specified in the order does not match the owner of the specified credit card, the chargeback will still be made in favor of the cardholder.
SPECIAL PROVISIONS FOR CONSUMER WITHDRAWAL RIGHTS
For customers who are consumers, the special provisions of the Consumer Protection Act (KSchG) apply. In particular, consumers are entitled pursuant to § 5e KSchG to withdraw from the contracts concluded with WEBER+WEBER via the web portal, subject to a period of 7 working days, unless one of the exceptions to the right of withdrawal pursuant to § 5f KSchG applies. The customer can access the currently valid version of the KSchG at www.ris.gv.at. It is sufficient if the declaration of withdrawal is sent within the period. In the case of contracts for the delivery of goods, the withdrawal period begins on the day they are received by the consumer. In the event of withdrawal, a full or partial refund of the purchase price will take place step by step against the return of the goods received from the customer. However, the goods must be returned to us in an unused and resalable condition, in the original packaging and with the guarantee seal, taking into account the returns procedure described in these General Terms and Conditions.
(2) The right of revocation does not apply to long-distance contracts for the delivery of goods that are made to customer specifications or are clearly tailored to personal needs, such as B. Garments that have been made to the customer's individual measurements or a garment has been provided with additional ornaments.
(3) The right to cancel the contract exists independently of the customer's warranty claims if the goods have defects (see Section 7 Warranty).
(4) In the event of a cancellation, the customer must return the shipping packaging to WEBER+WEBER in addition to the goods. The shipping packaging used by WEBER+WEBER represents a special form of shipping and should be viewed as a unit with the item of clothing sent and must therefore be returned.
(5) The customer is advised that the returned goods must be treated with care in accordance with the regulations on the consequences of cancellation (§ 9 Paragraph 1 Right of cancellation). The customer can try on the goods to check them, but goods that have been washed/cleaned, perfumed or stained cannot be taken back or the customer must pay compensation for the value, which can reach up to 100% of the order value.
(6) In the event of improper fitting, for example if a closure is torn off, WEBER+WEBER reserve the right to refuse the return or to demand compensation.
(7) There is no liability for improper use unless a law expressly provides for such liability. Section 12 of the limitation of liability also applies.
§ 9 Cost Bearing Agreement
If the customer makes use of his right of withdrawal, the customer has to bear the regular costs of the return if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed an amount of 40 euros or if the customer has a higher price of the item has not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise, the return is free of charge for the customer, but only if the customer uses the return slip sent to him and uses the shipping company named by WEBER+WEBER. The use of another shipping company always obliges the customer to bear the cost of the return shipment.
§ 10 Technical and design deviations
When fulfilling the contract, WEBER+WEBER expressly reserves the right to deviate from the descriptions and information in our brochures, catalogs and other written and electronic documents with regard to color, weight, dimensions, design or similar features, insofar as these are reasonable for the customer. Reasonable reasons for changes can result from customary fluctuations and technical production processes as well as natural conditions.
§ 11 Limitation of Liability
(1) According to the current state of the art, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. WEBER+WEBER is therefore not liable for the constant and uninterrupted availability of the online offer.
(1) The liability of WEBER+WEBER is otherwise based on the statutory provisions, unless otherwise specified in these General Terms and Conditions. WEBER+WEBER is only liable for damages, for whatever legal reason, in the case of intent and gross negligence. In addition, WEBER+WEBER is liable for damages resulting from injury to life, limb or health in the event of simple negligence. In the event of simple negligence and the breach of a material contractual obligation (cardinal obligation), WEBER+WEBER's liability is limited to compensation for the foreseeable, typically occurring damage. Liability under the Product Liability Act remains unaffected by the above regulations.
(2) Insofar as the liability of WEBER+WEBER is excluded or limited in these GTC, this also applies to any personal liability for damages of WEBER+WEBER's employees, workers, staff, representatives and vicarious agents.
§ 12 Data protection
(1) WEBER+WEBER processes the customer's personal data for a specific purpose and in accordance with the statutory provisions. The personal data provided for the purpose of ordering goods (such as name, e-mail address, address, payment details) will be used by WEBER+WEBER to fulfill and process the contract. This data is treated confidentially by WEBER+WEBER and is not passed on to third parties who are not involved in the ordering, delivery and payment process. The customer has the right, upon request, to receive information free of charge about the personal data that WEBER+WEBER has stored about him. In addition, he has the right to correct incorrect data, blocking and deletion of his personal data, provided there is no legal obligation to retain it.
§ 13 COPYRIGHT, PROTECTIVE RIGHTS
All of the logos, illustrations, photos, etc. contained on the WEBER+WEBER web portal were produced at great expense. These are the property of WEBER+WEBER. Any use requires the written consent or the conclusion of a license agreement by WEBER+WEBER. Misuse will be prosecuted in court.
§ 14 Jurisdiction - Place of Performance - Choice of Law
(1) The place of performance for all deliveries is the business address of WEBER+WEBER GmbH in Vienna, Austria.
(2) If the customer is an entrepreneur within the meaning of the UGB or KSchG, a legal entity under public law or a special fund under public law, or an agreement on the place of jurisdiction is legally possible, Vienna is the place of jurisdiction and is agreed as the place of jurisdiction. In this case, WEBER+WEBER is also entitled to sue the customer at the court of his place of residence, at WEBER+WEBER's option. The same applies in the event that the customer does not have a general place of jurisdiction in Austria, relocates his domicile or usual place of residence abroad after the conclusion of the contract or his domicile or usual place of residence is unknown when the action is filed.
(3) The contract in accordance with these General Terms and Conditions is exclusively subject to the law of the Republic of Austria. The application of the UN sales law is excluded. If the customer is a consumer within the meaning of the statutory provisions and has his habitual residence abroad, the mandatory provisions of this country remain unaffected.
(4) All agreements, subsequent changes to the agreements, supplements, ancillary agreements, etc. must be in writing to be valid.