General Terms and Conditions
Of awear® OG
Valid from 01.10.2014
1.1 Services and supplies are carried out according to our terms and conditions in the actual version only.
1.2 The German version of the terms and conditions (Allgemeine Geschäftsbedingungen) is the legally correct and applicable version. In case any contradictions or errors might occur – due to translation, the legally applicably version always remains the German version.
1.3 The customer acknowledges the exclusive validity of the terms of awear® for the entire business relationship. We do not recognize conflicting or deviating conditions of the customer from our terms and conditions
§2 Offers, Conclusion, Withdrawal and Revocation
2.1 All offers are non-binding and without obligation and are valid as long as stocks last. The offers represent a non-binding online catalogue.
2.2 A binding order of items placed in the shopping cart will only be submitted if the dialog box "Order items in shopping cart now?" is confirmed by clicking “OK”. The customer will then receive an automatically generated e-mail with the confirmation of the purchase. This e-mail does not constitute an acceptance of the contract.
2.3 The confirmation of shipment or a separate order confirmation via e-mail by awear® shall act as the acceptance of the contract.
2.4 We can accept an order within 3 days.
2.5 In case of writing errors, printing errors or calculation errors on the website, awear® is entitled to withdraw from the contract.
2.6 The customer has the right to withdraw from a valid contract. For more details click here.
§3 Delivery & Returns AT and EU
3.1 Unless otherwise agreed, the buyer bears the cost of shipping. We do not charge shipping costs for customers from AT if the value of purchase is at minimum €60,- and we do not charge shipping costs for customers from within EU if the value of purchase is at minimum €100,-
Generally the following prizes are charged:
|€0 - €59||€ 4,20||€ 7,10|
|€60 - €99||FREE||€ 7,10|
§4 Delivery Time, Availability, Change of Delivery Address
4.1 In principle, we try to have our delivery times organized as short as possible. Shirts in stock are brought to shipping within 5 - 7 business days. (Weekend and holidays excluded) Depending on the shipping provider, the shipping time within Austria lasts from 1 - 2 business days. Thus, the product should arrive at its destination approximately 6 - 9 business days after the order was placed. (For shipping within AT)
4.2 If we are running out of stock or if we should experience problems with the supply due to increased demand, awear® will inform the customer via e-mail and a new delivery date will be announced. The purchaser must accept immaterial and objectively justified delays in delivery, at any rate, without being entitled to a right of withdrawal.
4.3 For products that will be produced after an accepted order, we will announce a delivery date as soon as possible - (production time incl. shipping). The production time is shown on the respective product page.
4.4 The customer is obligated to give notice of change of his/her address, via e-mail, as long as the legal transaction is not fulfilled by both parties.
§5 Damage during Transport
5.1 In case of obvious externally visible damage, please immediately request a confirmation by the postman or driver, or report the damage within 24 hours at the post office / Logistics Company office. Request a transcript. The same applies if the damage is not visible from the outside.
5.2 In any case, please leave the goods and packaging unchanged. Do not use the goods! Send an e-mail with order number, confirmation of post office / logistics company and the description of the damage to firstname.lastname@example.org.
Only then will it be possible to make your claim! Complaints made later cannot be considered! If you send the goods to another transit it will invalidate any claim for replacement.
§6 Prices and Payment
6.1 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.
6.2 In case of payment by credit card or Pay Pal the customer receives - after a successful validation of the credit card an confirmation email with information on the purchase made at awear®. This email is binding. The shirt(s) will be sent / shipped immediately. Only these written terms of conditions apply exclusively as terms of payment.
§7 Reservation of Proprietary Rights
7.1 The Proprietary on all delivered goods remains reserved until all the payment requests against the purchaser have been received. Even if the purchaser sells the goods (shirts) to third persons.
8.1 awear® warrants that the sold products are free of material defects and free of faults in production.
8.2 Unless agreed otherwise, the legal warranty applies from date of invoice.
8.3 The warranty does not cover the usual wear out of the product caused by daily use.
8.4 Claims of customers on compensation due to non-observance, guiltiness upon conclusion of contract, consequential harm caused by a defect or other causes in law are excluded.
9.1 awear® excludes liability for negligent breach of duty unless they relate to contractual obligations, damages resulting from injury to life, body or health, guarantees or claims under the Product Liability Act.
9.2 awear® therefore is not liable for damages that are not caused directly by the delivery itself, and especially not for lost profits or other financial damages to the customer.
9.3 Only in cases of intent or gross negligence claims by the customer made outside of the warranty can be asserted.
9.4 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 case the customer needs to inform awear® at email@example.com with a short description of the cause and information on name, bank account and order number and awear® will transfer the shipping cost to the given bank account
9.5 awear® does not warrant, neither for the uninterrupted availability of www.awear.at / www.awear-clothing.com nor for any technical or electronically faults of the online offer.
The shirt colours presented on this website and shown on your screen deviate from the shirt colours in reality. This is common and gives no reason for withdrawal from the contract or any kind of indemnification.
§10 Protection of Privacy
10.1 We only save data necessary for the purposes of order processing such as: name, address (for shipping address), as well as e-mail (for order confirmation). This data will not be disclosed to third parties. More detailed information regarding protection of privacy you get here.
§11 Court of Jurisdiction, Applicable Law
11.1 Court of Jurisdiction and address for service is Vienna, Austria.
11.2 For all charges against a consumer in the country of residence, ordinary residence or his place of employment, because of disputes arising from this contract one of those courts with jurisdiction in the area where the consumer has his habitual residence, domicile or place of employment will be applicable.
11.3 For consumers who are not resident in Austria at the time of the agreement, the legal jurisdiction will apply. Austrian law is applicable law.
§12 Additional Notice / Severability Clause
12.1 The invalidity or ineffectiveness of several terms and regulations of these terms and conditions 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!