A. TERMS AND CONDITIONS FOR AUSTRIA | DOWNLOAD
B. PRIVACY POLICY
A. GENERAL TERMS AND CONDITIONS
for shopping in the JUWEL Garten & Haushalt webshop
1. Scope
These general terms and conditions regulate the conditions for purchasing in the JUWEL Garten & Haushalt web shop. Customers with addresses in countries other than Germany and Austria are unfortunately currently unable to purchase in our web shop.
2. Contracting party
The purchase contract is concluded between the customer and the
JUWEL H. Wüster GmbH
Industrial Zone 19
6460 Imst
legal representative: Ing. Heinrich Wüster (Managing Director) | Irene Wüter (Managing Director)
Company registration number: 43364x, Regional Court of Innsbruck
Registration number: fn42954v
closed.
3. Price information
All prices stated in our web shop are gross prices, i.e. they already include statutory sales tax. The prices are exclusive of packaging and shipping costs, which - if they are invoiced to the customer - are displayed before the order is sent. The final price, which is stated in the checkout area, includes both statutory sales tax and any packaging and shipping costs.
4. Conclusion of the purchase contract
All product presentations in our web shop do not constitute an offer to conclude a purchase contract, but merely an invitation to the customer to submit such an offer. Ordering goods in the web shop is to be seen as a binding purchase offer by the customer. On the basis of this offer, a purchase contract is only concluded when the customer receives a declaration of acceptance (e.g. in the form of an order confirmation) from JUWEL.
5. Delivery deadlines; right of withdrawal in case of unavailability of the goods
5.1. JUWEL will endeavour to execute the order as quickly as possible, but no later than two weeks after the conclusion of the contract. If, contrary to expectations, an ordered product is not available in an individual case, JUWEL has the right to withdraw from the obligation to perform the service by declaring withdrawal to the customer. In this case, JUWEL is obliged to inform the customer immediately of the unavailability and to immediately reimburse the customer for any consideration already received.
6. Retention of title
JUWEL reserves title to all goods purchased in the web shop as part of a single order process and invoiced in a single invoice until the purchase price has been paid in full in the amount of the entire relevant invoice.
7. Right of withdrawal from contracts with consumers
7.1. The consumer has the right to withdraw according to Section 5e of the Consumer Protection Act if he orders goods in the webshop as a consumer within the meaning of the Consumer Protection Act. If, however, the customer is not a consumer, he does not have the right to withdraw even if he has received instructions on withdrawal from JUWEL.
7.2. In the event of withdrawal, the customer is obliged to pay compensation for any deterioration of the goods if this deterioration occurred as a result of the goods being used as intended. The customer is also obliged to compensate for all damages that are attributable to improper use and negligent or intentional damage.
7.3. In the event of cancellation, the customer is obliged to return the goods to JUWEL if they are ready for shipment. The customer bears the costs of return if the purchase price of the goods does not exceed an amount of 40.00 euros or if, in the case of a higher price of the goods, the customer has not yet paid the purchase price or any contractually agreed partial payment at the time of cancellation. However, the customer does not have to bear the costs of return under any circumstances if the goods delivered do not correspond to those ordered.
7.4. Cancellation policy:
right of withdrawal
You can withdraw from the contract concluded with JUWEL without giving any reasons within the withdrawal period of 10 working days, whereby Saturday is not considered a working day. The declaration of withdrawal must be made in writing and must be sent within the specified period. 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). The withdrawal must be addressed to:
Juwel H. Wüster GmbH
Industrial Zone 19
6460 Imst
Email: kund@juwel.com
Fax: 05412/ 68153
consequences of resignation
In the event of an effective withdrawal, the services received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered. If the services received can no longer be returned in whole or in part or only in a deteriorated condition, compensation must be paid. This does not apply to the surrender of goods if the deterioration of the goods is solely due to their inspection - as would have been possible for you in a shop, for example. In addition, you can avoid the obligation to pay compensation for deterioration of the goods caused by the intended use of the goods by not using the goods as if they were your own property and refraining from doing anything that impairs their value.
Items that can be sent by parcel are to be returned at our risk. You must bear the costs of return if the goods delivered correspond to those ordered and if the price of the item to be returned does not exceed an amount of 40.00 euros or if, in the case of a higher price of the item, you have not yet paid the consideration or a contractually agreed partial payment at the time of cancellation. Otherwise, the return is free of charge for you. Items that cannot be sent by parcel will be picked up from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your cancellation notice or the item, and for us when we receive it.
end of the cancellation policy
8. Exclusions and limitations of liability
8.1. JUWEL is not liable for damages (including expenses) caused to the customer due to slight negligence on the part of JUWEL, its legal representatives, employees, staff, agents, agents or vicarious agents. This does not apply to claims for injury to life, limb or health, to claims under the Product Liability Act and to the violation of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose fulfillment the customer can therefore regularly rely (secondary obligations).
8.2. In the event of a slightly negligent breach of secondary obligations by JUWEL, its legal representatives, employees, staff, agents, agents or vicarious agents, JUWEL's liability for all contractual, non-contractual and other claims for damages and reimbursement of expenses, regardless of their legal nature, is limited to foreseeable damages typical for the contract, which do not exceed an amount of EUR 20,000.00 (in words: twenty thousand euros) per claim and an amount of EUR 100,000.00 (in words: one hundred thousand euros) per calendar year for one and the same customer.
8.3. To the extent that an exclusion of liability or limitation of liability exists in favour of JUWEL in accordance with this clause 8, this exclusion of liability or limitation of liability shall also apply to any claims of the customer against the legal representatives, employees, staff, agents, vicarious agents and agents of JUWEL for the same reason for liability.
9. Final provisions
9.1. The contract is subject exclusively to Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods. Unless a place of jurisdiction within the meaning of Section 14 of the Consumer Protection Act (Consumer Jurisdiction) applies, the relevant and local court at the registered office of JUWEL H. Wüster GmbH shall be deemed to have agreed upon the jurisdiction for all legal disputes.
9.2. Should one of the provisions of these General Terms and Conditions be invalid, the validity of the remaining provisions shall not be affected. In this case, the parties undertake to enter into an effective agreement that is as close as possible to the invalid provision in economic terms (severability clause).