Scope of application
The General Terms and Conditions of the company Waidzeit GmbH & Co KG (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client”) and the Seller relating to all goods and/or services presented in the Seller's online shop. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.
Regarding contracts for the delivery of vouchers, these Terms and Conditions apply accordingly, unless expressly regulated otherwise.
A consumer pursuant to these Terms and Conditions is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A trader pursuant to these Terms and Conditions is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.
Conclusion of the Contract
The product descriptions in the Seller’s online shop don’t constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
The Client may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the virtual basket.
The Seller may accept the Client’s offer within five days,
• by transferring a written order confirmation or an order conformation in written form (e-mail); insofar receipt of order confirmation by the Client is decisive, or
• by delivering ordered goods to the Client; insofar receipt of goods by the customer is decisive, or
• by requesting the Client to pay after he placed his order.
Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.
The period for acceptance of the offer shall start on the day after the Client has sent the offer and ends on expiry of the fifth day following the sending of the offer.
Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
Right to Cancel
Consumers are entitled to the right to cancel. Consumers can cancel the contract and return the not used, intact and originally packed goods within 14 days after receipt to the Seller without giving reasons. The consumer has to send the goods back to the following address:
Waidzeit GmbH & Co KG
The consomer bears the costs for retourning the goods.
The right to cancel does not apply to consumers, who are not nationals of a member state of the European Union at the time of concluding the contract und whose exclusive domicile and delivery address are located outside the European Union at the time of concluding the contract.
Shipment and Delivery Conditions
Goods are generally delivered on dispatch route and to the delivery address indicated by the Client, unless agreed otherwise. During the processing of the transaction, the delivery address indicated in the Seller’s order processing is decisive. However, in case the Client selects the payment method PayPal, the delivery address deposited with PayPal at the date of payment shall be decisive.
In case of subscription contracts, the Client has to inform the Seller immediately about changes of the delivery address.
Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client's control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client for a reasonable time in advance about the service.
In case the Client is a trader, the risk of accidental destruction and accidental deterioration of the sold goods shall be transferred to the Client upon delivery of the goods to the freight forwarder, carrier or other person or institution designated with the task of performing shipment. In case the Client is a consumer, the risk of accidental destruction and accidental deterioration of the sold goods shall in principle be transferred to the Client upon delivery of the goods to the Client or to an authorized recipient. Deviating from this, even in case the Client is a consumer, the risk of the risk of accidental destruction and accidental deterioration of the sold goods is transferred to the Client upon delivery of the goods to the freight forwarder, carrier or other person or institution designated with the task of performing shipment, if the Client has instructed the freight forwarder, carrier or other person or institution designated with the task of performing shipment to carry out the delivery of the goods and if the choice of this person or institution was not previously offered by the Seller.
The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies, if the Seller is not responsible for the non-supply and if he has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods he shall immediately inform the Client and grant him immediately counterperformance.
Vouchers will be provided to the Client as follows:
• by e-mail
• by postal service
All goods are delivered immediately, if they are on stock. When selecting the payment method “purchase on account”, the goods are delivered as soon as the money is transferred to the Waidzeit KG bank account. The complimentary delivery takes place in Austria and EU member states. Normally the delivery time is up to 7 workdays. The indication of the delivery time is nonbinding, unless there is written contract.
The shipping to Switzerland costs €10,00. In case of delivery to other countries abroad there can arise duty payments, taxes and other charges, that are not included in the total price.
If a product is short term not available and the delivery time takes longer than 2 weeks, the customer will be informed via email about the scheduled delivery time, if the email address is known.
During company holidays orders will be accepted but the delivery is done after the company holidays. Company holidays will be communicated on the landing page of the online shop.
Prices and Payment Conditions
Unless otherwise stated in the product descriptions, prices indicated are total prices and include the statutory value-added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.
In case of delivery to countries outside the European Union, additional costs may incur in individual cases for which the Seller is not responsible and which have to be borne by the Client. This includes for example transfer fees charged by banking institutes (transfer charges, exchange fees) or import duties or taxes (customs). Such additional costs regarding money transfer may also incur, if the Client carries out the payment from a country outside the European Union, even if delivery is not made in a country outside the European Union.
Payment can be made using one of the methods mentioned in the Seller’s online shop:
• Credit card
Reservation of Proprietary Rights
In case the Client is a consumer, the Seller retains title of ownership to the delivered goods until the purchase price owed has been paid in full.
In case the Client is a trader, the Seller reserves title to the goods delivered until the fulfillment of all claims arising out of the current business relationship.
In case the Client is a trader, he is entitled to resell the reserved goods in the course of regular business operations. All claims resulting from such course of business against a third party shall herewith be assigned in advance to the Seller in the amount of the respective invoice value (including VAT). This assignment of claims shall be valid regardless whether the reserved goods are processed prior to or after resale or not. The Client remains entitled to collect the claims even after assignment. However, the Seller shall refrain from collecting the claims as long as the Client meets his payment obligations, he is not in default and no application has been lodged to open insolvency proceedings.
Should the object of purchase be deficient, statutory provisions shall apply. Deviating hereof, the following shall apply:
For consumers the limitation period regarding warranty claims for used goods shall be one year from delivery of goods to the Client with the restriction of the following section.
The aforementioned limitations of liability and the restrictions of limitation periods do not apply
• for a product, which was not used, in accordance with its usual application, for building construction and which was the cause of the building's defectiveness,
• for damages arising out of injuries to life, body or health, which result from intentional or negligent violation of the Seller’s duties or the intentional or negligent violation of duties by the legal representative or the vicarious agent of the user,
• for other damages resulting from intentional or grossly negligent violation of the Seller’s duties or the intentional or grossly negligent violation of duties by the legal representative or the vicarious agent of the user,
• if the Seller has fraudulently concealed the defect.
If the Client is a consumer, the forwarding agent has to be immediately notified of any obvious transport damages and the Seller be informed accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.
The Seller shall be liable to the Client for any contractual and quasi-contractual claims and for claims of liability in tort regarding damages and effort compensation as follows:
The Seller shall face unlimited liability regardless of the legal ground
- in case of intent or gross negligence,
- in case of injuries of life, body or health resulting from intent or negligence,
- in case of a promise of guarantee, unless otherwise provided,
- in case of liability resulting from mandatory statutory provisions such as the product-liability-law.
Provided that the Seller negligently infringes an essential contractual duty, the liability to pay damages shall be limited to the foreseeable, typically occurring damage, unless unlimited liability applies pursuant to the aforementioned Section. Essential significant contractual obligations are obligations the contract imposes on the Seller according to its content to meet the purpose of the contract and whose fulfilment is essential for the due and proper implementation of the contract and on the fulfilment of which the Client can regularly rely.
For the rest, the Seller’s liability is excluded.
The aforementioned provisions on liability apply also to the Seller’s liability regarding his legal representatives and vicarious agents.
Redemption of gift vouchers
Vouchers which can be purchased via the Seller’s online shop (hereinafter to as "gift vouchers") can only be redeemed in the Seller’s online shop.
Gift vouchers and remaining assets of gift voucher can be redeemed by the end of the third year following the year of the gift voucher purchase. Remaining assets will be credited to the Client’s voucher account.
Gift vouchers can only be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.
Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.
If the value of the gift voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.
The gift voucher credit will not be redeemed in cash and is not subject to any interest.
The gift voucher is transferable. The Seller may render performance with debt-discharging effect to the respective owner who redeems the gift voucher in the Seller’s online shop. This does not apply, if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity or of the missing right of representation regarding the respective owner.
All waidzeit watches are delivered with batteries. At the end of their life cycle they can returned to the seller. The seller guarantees a professional and environmentally friendly disposal of the batteries.
Batteries, that contain pollutant are labelled with the chemical symbol (cd for cadmium, hg for quicksilver, pb for lead). Please never put batteries to domestic waste.
Waidzeit onlineshop has selected partners and links them on the onlineshop. The website of the partners do not succumb the control of Waidzeit and therefore Waidzeit is not taking responsibilities for the content oft he partner-websites.
Place of Jurisdiction
The place of jurisdiction is the place of business of the onlineshop, unless the law provides otherwise. For all conflicts that possible origin because of this legal construction, the Austrian law has to be applied.
The application of the UN-Kaufrecht is excluded.