| GENERAL
TERMS OF BUSINESS
AS OF FEBRUARY 1, 2003
1.
GENERAL PROVISIONS
These General Terms of Business are valid for
all orders made via the website wirikuta.at. By
ordering goods the customer accepts these General
Terms of Business. Any deviation from these General
Terms of Business shall be effective only if confirmed
in writing by us.
2.
CONTRACTING PARTIES
These General Terms of Business are valid between
Wirikuta Distribution, Andrea Gambacorta, Koeglestraße
1, A-6094 Axams, Austria and every person, the
customer, who has logged into or is ordering via
wirikuta.at. For any questions, you may reach
us under office@wirikuta.at.
3.
CONCLUSION OF CONTRACT AND LIMITATION OF PERFORMANCE
All offers are only binding for us if they have
been confirmed in writing and/or the goods have
been delivered and/or a debit note has been issued.
We are free to refuse offers within 14 days from
their reception by sending a corresponding notification.
If
goods cannot be delivered within 30 days after
the day following the day of order, we have the
right to withdraw from the contract, even if we
have confirmed the contract before. For the case
of such a withdrawal, we will inform you immediately
about the fact that certain goods are not available,
and we will forward back your consideration without
any delay.
4.
PRICES AND PAYMENT
The listed prices are daily prices and the price
on the day of order is the valid sales price.
All prices are – if not indicated to the
contrary – gross prices including the statutory
value added tax. The costs for the delivery and
the C.O.D. charge are not included in the prices.
The weight depending delivery costs are displayed
in a table during the ordering procedure. The
C.O.D. charge is already included in the delivery
costs which can be seen during ordering.
The
sales price for the ordered goods is due when
your order is placed. Payment may be effected
by credit card (by inputting your credit card
data on the website) or by cash on delivery (C.O.D.).
5.
DELIVERY AND RETENTION OF TITLE
The delivery takes place on the customers risk.
As soon as the goods have been given from us to
a delivery service, the risk will pass over to
the customer. This is also valid for partial delivery.
The delivery takes place to the address stated
by the customer.
Until
full payment of the sales price, the goods will
remain our own property.
6.
TAKING BACK
As a customer, you may revoke by means of a written
notification (e-mail, fax or postal service) your
order without stating any reasons within a term
of seven working days (not including Saturday)
counting from the delivery of the ordered goods.
It is sufficient if a notification of cancellation
is mailed within the above term.
The
right to return goods is subject to the condition
that the goods have not been used and are in condition
which allow their resale. Furthermore, the goods
must be send back in the original packaging and
within an additional sturdy cover packaging.
The
costs of the delivery for returning goods have
to be borne by the customer.
When
ordering wrapped or sealed data-carriers as CDs,
videos, DVDs, the right to return is only valid
if the corresponding goods are sent back to us
with in the wrapping or with an undestroyed seal.
7.
WARRANTIES AND CLAIMS FOR DAMAGES
Deficiencies and damages which are due to culpable
or improper treatment by the customer are excluded
from the warranties.
Natural
wear is also excluded from the warranties. If
there is a deficiency of the goods which has to
be borne by wirikuta.at, we are at our own discretion
entitled to eliminate the deficiencies or to perform
a substitute delivery.
Any
deficiency should be notified in writing at delivery
or at appearance. The warranty period is 24 months
counted from the delivery.
Refunding
of consequential damages, other direct damages
and losses or lost profits due to improper, omitted
or delayed delivery are also excluded from the
warranties. The above exclusion of warranties
does not apply if the damage is due to intention
or gross negligence or if the customer makes requests,
asserts a claim according to a product liability
law.
Damage
claims are limited to the value of the delivered
goods.
8.
DATA PROTECTION
Your personal data are taken processed and used
according to the strict provisions of the Austrian
privacy laws. We use a safe transmission method
– “Secure Socket Layer” (SSL)
– to process customer data. This software
encrypts your complete personal data including
credit number, name and address. This information
cannot be read by unauthorised persons when transmitted
in the internet. We commit to treat all customer
data which are sent to us relating to an order
as strictly confidential and not to forward the
data to third parties.
9.
JURISDICTION
The jurisdiction for customers is governed by
the provisions of the applicable law. Otherwise,
the jurisdiction shall be the competent court
of the firm seat. Austrian law is applicable unless
provisions of the law for the protection of customers
contravene.
10.
FINAL PROVISION
Should any provision be invalid or unenforceable
– regardless of which reason whatsoever
– the remaining provisions shall remain
valid.
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