Terms of Use

AWEAR® www.awear.at, www.awear-clothing.com

Valid from 04.08.2007

1. Preface
Services and supplies are carried out according to our terms of use in the actual version only. We do not accept terms of costumers which conflict or deviate with our terms of use.

2. Offers
All offers are subject to change and non-binding. Orders placed by customers on the AWEAR® website or made via e-mail are binding even if they have not been reconfirmed by email or written letter. If orders are made by underage persons their legal guardian will be hold responsibility for all expenses caused by this person. An order confirmation via e-mail from AWEAR® will serve as proof of contract between the costumer and AWEAR®.

3. Ordering
Daily from 0:00 to 24:00 o’clock orders can be placed on our website.

4. Delivery And Shipping Cost For EU – And International
If not otherwise stated the costumer has to pay the cost for delivery. Delivery is free if more than two items are purchased. In general the hereinafter listed lump sums are charged, figures are in Euro:

Items	EU	INT
1-2	4,60	6,40
3	FREE	FREE

5. Time Of Delivery
We try to keep our delivery times as short as possible. Shirts in stock are brought to shipping within 1 - 3 working days. If the shirts are not in stock or the demand is too high, the costumer will receive an e-mail with information about the delay and the next approximate date of delivery. Minor objective justified delays have to be accepted by the customer without having the right to withdraw from the contract.

6. Prices and Terms of Payment
All prices on the AWEAR® website are in EURO (€) including VAT (Austria 20%) and excluding shipping cost. The customer can choose between two different kinds of payment; credit card or Pay Pal. In case of payment by credit card or Pay Pal the customer receives - after a successful validation of the credit card via secure SSL code - an confirmation email with information on the purchase made at AWEAR®. This email is binding. The shirt(s) will be send / shipped immediately. Only this written terms of use apply exclusively as terms of payment.

7. Reservation Of Proprietary Rights
The Proprietary on all delivered goods (shirts) remains reserved until all the payment requests against the purchaser have been received. Even if the purchaser sells the goods (shirts) on to third persons.

8. Instruction About Possible Legal Return Of Products
If you are consumer in terms of the customer protection law you have the right to withdraw from the contract without reasoning, within a given time limit of seven working days, Saturday’s not included. The given time limit starts at the time of receiving the delivered product. It is sufficient if you declare your withdrawal within this time limit. In case of an effective withdrawal, the services received on both sides have to be reimbursed. If you make use of your right to withdraw, you have to pay the full shipping cost. If the amount of shipping cost paid is insufficient or no shipping cost is paid at all, AWEAR® has the right to reduce the reimbursement considering the missing amount. In the case of an effective withdrawal, the entire or partial reimbursement of the purchase takes place only by completely returning the received goods. Please make sure to add name, bank connection and receipt number. The goods should be sent back in the original packing and in a condition that allows us to resale the product. If goods have broken packing, are damaged, or worn, or worn from wearing, AWEAR® has the right to reduce the reimbursement by an objective justified amount. The reimbursement will not be reduced in case of the impairment of the product is caused by examination, as it would have been possible in an ordinary shop. Generally you can avoid reducing the reimbursement by not using the product as if would be yours! If the costumer is responsible for the impairment or even the loss of the goods, he/she has to pay the value of the product. Should it be impossible to send the goods back in the original packing, the customer has to provide packing that eliminates impairment. If impairment occurs the costumer is fully liable due to inappropriate packing.

9. Warranty
AWEAR® warrants that the sold products are free of material defects and free of faults in production. The legal codes of warranty apply from the day of purchase. The warranty does not cover the usual wearout of the product caused by daily use. Claims of customers on compensation due to nonobservance, guiltiness upon conclusion of contract, consequential harm caused by a defect or other causes in law are excluded.
Exceptional to the above mentioned terms, AWEAR® warrants if one of the assured characteristics of the product is missing or at gross negligence. If any defects or faults appear that AWEAR® is responsible of, or if the replacement product is also defective, the consumer has the right of redhibitory action or reduction. In the case of reshipment due to quality defects, AWEAR® will pay the shipping cost. The customer is obliged to choose a shipping method that causes no unnecessary or additional cost. In such a case the customer needs to inform AWEAR® at sales@awear.at with a short description of the cause and information on name, bank connection and order number and AWEAR® will transfer the shipping cost to the given bank connection. AWEAR® does not warrant, neither for the uninterrupted availability of www.awear.at / www.awear-clothing.com nor for any technical or electronical faults of the online offer.

NOTE:
The shirt designs presented on the website contain colors that deviate in reality from the colors shown on your screen. This is normal and gives no reason for withdrawal from the contract or any kind of indemnification.

10. Damage In Transit
In the case of obvious and visible damage at first sight, make sure to get a confirmation from the postman, or within 24h from the responsible post office. The same applies to hidden damages.
Please make sure to leave the package unchanged. Don’t use the goods. Please send an e-mail to sales@awear.at with order number, confirmation from the post office and a short description of the damage. This is the only way you can assert your claim. All claims brought in late cannot be taken into consideration. Should you send the package on another journey any claim of refund will be lost.

11. Protection Of Privacy / Change Of Address
We do only save the data necessary for handling orders like: name, address (for shipping address) and e-mail for confirmation mails and information on delivery status. They will not be shared with others and after being inactive for 3 months, automatically removed from our system, except the costumer wishes otherwise as for ordering our newsletter or to be remembered for future shopping. Registered costumers have furthermore the possibility to get removed from our system within 3 working days by writing a inquery to customer@awear.at The customer is obliged to inform us about any changes of his post address and/or e-mail address as long as there are any parts of the contract still relevant or undone. If the costumer has not done so, all explanations and information count as received by the costumer if the previously known address had been used.

12. Copyright
All shirt designs shown on our website are protected by §3 Copyright Law and must not be reproduced or copied without the allowance of AWEAR®. The company logo of AWEAR® is a registered trademark.

13. Court Of Jurisdiction, Applicable Law
Court of Jurisdiction and address for service is Klagenfurt, Austria.
Austrian Law is applicable Law.
This version of the terms of use, written in English, must only be seen as an informative version.
The German version of the terms of use (Allgemeine Geschäftsbedingungen) is the legally correct and applicable version.

14. Additional Notice / Severability Clause
The invalidity or ineffectiveness of several terms and regulations of these terms of use do not effect the validity or effectiveness of the other terms and regulations. Should several terms and regulations be invalid or ineffective, the regulations by law apply.

Errors and misprints excepted.

Changes on prices and technical adaptions excepted.