1. SCOPE OF APPLICATION
2. CONCLUSION OF THE CONTRACT
4. PAYMENT TERMS
5. RESERVATION OF TITLE
6. LIABILITY ARRANGEMENTS AND WARRANTY
7. TERMS OF DELIVERY, TRANSFER OF RISK AND PLACE OF PERFORMANCE
8. RIGHT OF WITHDRAWAL
9. GIFT CERTIFICATES
10. PROMOTION VOUCHERS
11. CODE OF CONDUCT
12. IMAGE RIGHTS
13. CHOICE OF LAW | JURISDICTION AGREEMENT
These general terms and conditions ("GTC") of SAWAMED CRD GmbH, Industriepark 2, 9330 Treibach-Althofen, FN 554462k (the "SELLER") apply to all contracts for the delivery of goods that a customer (the "CUSTOMER") has with SELLER with regard to the goods presented by the SELLER in the online shop under the domain www.sawamed.at (the "ONLINESHOP"), unless otherwise agreed.
These terms and conditions also apply in particular to the conclusion of contracts for the delivery of vouchers of any kind, unless otherwise agreed.
Deviating regulations to these terms and conditions can only be legally agreed by means of a written confirmation by the SELLER. By agreeing to these terms and conditions, deviating terms of purchase or other terms and conditions presented by the CUSTOMER are excluded.
The descriptions of the goods contained in the ONLINESHOP are not binding offers by the SELLER, rather they represent an invitation to the CUSTOMER to submit a binding offer.
The CUSTOMER can submit a legally binding offer via the online order form integrated in the ONLINESHOP. [To do this, the goods must be placed in the virtual shopping cart, after which they go through an automated electronic data processing process. The CUSTOMER submits his/her legally binding offer by pressing the "Complete the order process" button.
The customer can select non-binding products from the seller's range and collect them in a so-called shopping cart using the [add to shopping cart] button.
The customer can then use the [Continue to checkout] button in the shopping cart to complete the ordering process
The customer submits a binding offer to purchase the goods in the shopping cart via the [Order with obligation to pay] button. Before submitting the order, the customer can change and view the data at any time. Mandatory information is marked with an asterisk (*).
The seller then sends the customer an automatic confirmation of the receipt by email, in which the customer's order is listed again and which the customer can print out using the [Print] function (order confirmation). The automatic confirmation of a receipt is merely a document 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 sends the ordered product to the customer, hands it over or dispatches it within 7 days and has confirmed the order within 7 days with a second e-mail, an explicit order confirmation or sending the invoice.
If the seller enables payment in advance, the contract is concluded with the provision of the bank details and payment request. If the payment has not been received by the seller 14 calendar days after the order confirmation has been sent, despite the due date, even after a renewed request, the seller withdraws from the contract with the result that the order is invalid and the seller has no obligation to deliver. The order is then completed for the buyer and seller without any further consequences. A reservation of the article for prepayment is therefore made for a maximum of 14 calendar days.
The SELLER can accept this legally binding offer within five working days or, if not in stock, up to six months,
• that the SELLER sending the CUSTOMER an order confirmation by e-mail or a written order confirmation, whereby the receipt received by the CUSTOMER is the relevant point in time; or
• that the SELLER delivering and / or providing the ordered goods and / or other services to the CUSTOMER, whereby the receipt of the goods by the CUSTOMER is the relevant point in time; or
• that the SELLER asking the CUSTOMER to make the payment after placing the order. Either by paying in advance, PayPal or credit card.
These forms of acceptance of the offer are to be seen as alternative possibilities; whereby the relevant point in time of the conclusion of the contract is to be regarded as the point in time as soon as one of the options mentioned has been fulfilled. The period for accepting the offer begins on the day following the offer and ends at the end of the fifth working day following the day on which the offer was made. If the SELLER does not accept the offer within the specified period, this is to be understood as a rejection of the offer and the CUSTOMER is no longer bound by the content of the offer after the period has expired.
When submitting an offer via the SELLER's online order form, the content of the offer will be saved by the SELLER after the offer has been submitted and sent to the CUSTOMER by email after the order has been sent.
The conclusion of a contract is only possible in German.
After the offer has been submitted, changes to the order are only possible with the SELLER's written consent, with additional costs incurred by the CUSTOMER.
All prices stated in the shopping cart apply in the currency euro (€) after deduction of all other discounts including the statutory sales tax.
The CUSTOMER has to make the full payments without deductions including the taxes shown immediately after the order.
In particular, the following payment methods are available to the CUSTOMER:
The payment is only considered to have been made as soon as the SELLER can freely dispose of it. Offsetting or withholding the payment is not permitted. This applies in particular to warranty claims and other claims from payments.
If the SELLER provides goods in advance, the SELLER reserves ownership of these goods until full receipt of the purchase price owed by the BUYER plus any interest and costs incurred.
In the event of a claim, in particular a pledge, by a third party of the goods received under retention of title, the CUSTOMER must point out the SELLER's right of ownership to the goods in advance. Furthermore, the CUSTOMER must immediately inform the SELLER about any such use of the goods.
If the goods sold are defective, the statutory provisions on liability for defects apply. In addition, obvious defects and / or incorrect deliveries must be reported to the SELLER in writing and specified within eight working days and proven. If (within 24 months from the transfer of risk according to point 8.1) an exchange or an improvement does not come in the amount (not possible, too much effort, unreasonable, delay in deadline), then the CUSTOMER has the right to a price reduction or, if the defect is not minor, cancellation of the contract (conversion). Compensation for (defect) consequential damage as well as other damage, financial damage and damage to third parties against the CUSTOMER, unless it is a consumer transaction, is excluded. The deadline for assertion begins with the transfer of risk according to point 8.1.
In the event of transport damage, the CUSTOMER must immediately document this (e.g. with photos) and notify the SELLER. The transport costs in connection with a complaint are to be borne by the CUSTOMER.
If changes are made to the goods without the SELLER's written consent, all possible claims for the assertion of warranty expire immediately.
The CUSTOMER is only entitled to compensation for damage in the event of proven gross negligence or willful behavior on the part of the SELLER. Liability for slightly negligent behavior is excluded. Likewise, damage from third party claims, consequential damage, financial damage and loss of interest will not be compensated by the SELLER.
The above-mentioned provisions apply to claims of any kind by the CUSTOMER against the SELLER. These regulations are to be applied to all persons called upon by the SELLER, in particular the employees, the contractors involved in the performance of the contract and the contractually stipulated suppliers of the SELLER.
The ordered goods are delivered to the delivery address of the CUSTOMER given in the order processing of the SELLER. Independent collection of the ordered goods is not intended. The CUSTOMER bears the costs and the risk of the transport.
Ordered vouchers will not be sent physically, but will be sent automatically by email to the email address given by the CUSTOMER at the time of purchase and can be downloaded from the personal account of the ONLINESHOPS.
The SELLER is entitled to make advance and partial deliveries and to invoice these separately.
The delivery period resulting from the contract is only a guideline and does not represent a binding delivery date. The delivery periods and dates will be adhered to by the SELLER as far as possible. Withdrawal from the contract by the CUSTOMER due to a delay in delivery is only possible after setting a reasonable - at least two weeks - grace period. The withdrawal is to be asserted by registered letter or by email. The right of withdrawal only applies to the part of the delivery in relation to the delay.
In the case of consumer transactions, the CUSTOMER has a right of withdrawal in accordance with Section 11 of the FAGG (Fern- und Auswärtsgeschäfte-Gesetz). Accordingly, the CUSTOMER has the right to withdraw from the contract within 14 days without giving any reason. In order to exercise the right of withdrawal, the CUSTOMER must inform the SELLER by means of a clear declaration (by letter or email) of the decision to withdraw from this contract.
If the CUSTOMER cancels this contract, the SELLER undertakes to repay all payments already made by the CUSTOMER, including delivery costs, immediately and at the latest within fourteen days from the date on which the SELLER received notification of the cancellation of this contract. For this repayment, the SELLER uses the same means of payment that was used in the original transaction; in any case, the CUSTOMER will not be charged any fees for this repayment. The SELLER can refuse the repayment until it has received the goods back or until the CUSTOMER has provided evidence that the goods have been returned, whichever is earlier.
The CUSTOMER must return the goods immediately and in any case, at the latest within fourteen days from the day on which the CUSTOMER informed the SELLER about the cancellation of this contract. The deadline is met for parcelable goods if the goods are dispatched before the period of fourteen days has expired.
The CUSTOMER bears the costs of returning the goods. Furthermore, the CUSTOMER has to pay for any loss in value of the goods if this loss in value is due to handling of the CUSTOMER that is not necessary to check the quality, properties and functionality of the goods.
The vouchers purchased through the ONLINESHOP (the "GIFT VOUCHERS") can only be redeemed in the SELLER'S ONLINESHOP, unless otherwise stated in the voucher.
The GIFT VOUCHERS can only be redeemed in the course of the ordering process; subsequent redemption is therefore not possible. The number of GIFT VOUCHERS that can be redeemed per order is not limited.
The GIFT VOUCHERS can only be redeemed for goods from the ONLINESHOP. It is therefore not possible to purchase additional GIFT VOUCHERS using the “gift vouchers” payment method.
Both the GIFT VOUCHERS and the remaining balance of the GIFT VOUCHERS are valid within three years of purchase.
A cash redemption of the balance of the GIFT VOUCHER is not possible. The balance of the GIFT VOUCHER are not interest-bearing.
The free campaign vouchers issued through promotions cannot be purchased and have a limited period of validity (the “PROMOTION VOUCHERS”).
The PROMOTION VOUCHERS can only be redeemed in the course of the ordering process; subsequent redemption is therefore not possible.
These PROMOTION VOUCHERS can only be redeemed within the validity period. The period of validity can be found in the content of the PROMOTION VOUCHER; If there is no corresponding regulation or if this regulation is not visible due to damage, etc., this PROMOTION VOUCHER is not valid. Only one PROMOTION VOUCHER can be redeemed per order process.
The PROMOTION VOUCHERS can only be redeemed for goods in the ONLINESHOPS. Here, however, there is the possibility of excluding individual products from the promotion, provided this exception is shown on the PROMOTION VOUCHER. It is not possible to purchase GIFT VOUCHERS by redeeming PROMOTION VOUCHERS.
A redeemed SPECIAL OFFER VOUCHER will not be replaced by the customer when returning goods that have already been paid for if the statutory right of withdrawal is asserted.
A cash redemption of the balance of the SPECIAL OFFER VOUCHER is not possible. The credit of the SPECIAL OFFER VOUCHER does not earn interest.
The SELLER has voluntarily submitted to the Trusted Shops quality criteria, which are publicly available at http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.
All image rights are held by the SELLER or its partners. Any use of images, even in part, is not permitted without the SELLER'S consent.
Any disputes arising from the contractual relationship of transactions in the ONLINESHOP between the CUSTOMER and the SELLER will be decided in application of Austrian law, whereby referral standards and the UN sales law are expressly excluded.
The place of jurisdiction for all disputes is the locally and materially competent court at the registered office of the SELLER.
The ineffectiveness or inadmissibility of individual provisions contained in these terms and conditions or in the contract does not result in the total ineffectiveness or inadmissibility of the terms and conditions or the contract. Rather, the respective provision is automatically deemed to be replaced by a provision that comes as close as possible to the purpose of the invalid provision, provided this is effective and permissible.
The SELLER reserves the right to make the fulfillment of the contract concluded between the CUSTOMER and the SELLER subject to the condition that there are no obstacles to the proper fulfillment of the contract. This includes in particular international export regulations, national re-export regulations, unforeseeable and unplanned delays (e.g. caused by COVID-19) and other sanctions.
Althofen, June 2021