General Terms and Conditions
§ 1 Field of application and offerer
The following Global Terms and Conditions apply for all orders by consumers done at the online shop of the
AWEKAS GmbH
Contact:
Customer service: Monday – Friday from 8am till 12pm and from 1pm till 6pm
Phone: +43 677 618 02625
Email: verkauf@awekas.at
Internet: www.awekas.at
Information and complaints: mail@awekas.at
Legal form: Gesellschaft mit beschränkter Haftung (Limited Liability Company)
Headquarters: Micheldorf in Austria
Media Owner: AWEKAS GmbH, Am Bahndamm 8, 4563 Micheldorf, Austria
Legal Regulations: Gewerbeordnung (Trade Regulations) www.ris.bka.gv.at
Sector: Electrical retailer
CEO: Othmar Gattringer
Chamber membership: Member of the Austrian Federal Economic Chamber. Division: Trade and rendering services with data processing.
Corporate purpose: Trade with weather stations and services in this sector
UID Nummer (Tax Identification Number): ATU69919038
A consumer is any natural person who enters into a legal transaction for a purpose that can neither be attributed to their commercial or independent professional activity.
§ 2 Contract conlusion
§ 2.1 Product representations in the online shop are used to submit a bid. By clicking the button [Order] you make a binding offer to buy. The sale of our products is only for personal use.
§ 2.2 The presentation of our products in our online shop is not a legally binding offer, but a noncommittal online catalog. By clicking the “Send Order” button, you enter a binding order for the goods contained in the basket. The confirmation of your order takes place together with the acceptance of the order immediately by sending an automated e-mail to you. With this e-mail confirmation of the purchase the contract has been concluded.
§ 2.3 Should our order confirmation contain writing or printing error or if our pricing on technical transmission errors underlie, we are entitled to challenge, where we have to prove our mistake. Payments already made will be refunded immediately.
§ 2.4 Contract- and business language is German.
§ 3 Prices
Prices on the product pages are in EUR and include the legal VAT and other price components. Shipping is excluded and is charged separately. The AWEKAS GmbH may at any time amend or adapt the prices. Authoritative for each order are the prices which were applicable at the time of the order.
§ 4 Shipping
§ 4.1 The shipping costs will be calculated depending on weight and destination country dependent during the ordering process. The customer has the opportunity to choose between delivery by Hermes parcel service or by Österreichische Post AG. Davis weather stations and Davis weather station accessories will be shipped directly from the distributor and already contains all the shipping and handling charges.
§ 5 Delivery
§ 5.1 Delivery will be made by Hermes parcel service or by Österreichische Post AG.
§ 5.2 The delivery time is, unless otherwise specified in the offer, 3-5 working days.
§ 5.3 Should not all ordered products be in stock, we are entitled to partial deliveries at our expense, as far as this is reasonable for you.
§ 5.4 Should the delivery of the goods despite repeated delivering attempt fail, we can withdraw from the contract. If necessary, Payments made will be refunded immediately.
§ 5.5 If the product ordered is not available, because we are not supplied with this product by our suppliers without our own fault, we can withdraw from the contract. In this case, we will inform you immediately and may propose to supply a comparable product. If no comparable product is available or you do not wish to supply a comparable product, we will possibly refund already paid without delay.
§ 6 Terms of payment
§ 6.1 Payment via PayPal or payment in advance.
§ 6.2 With the advance payment, we will provide our bank details in the order confirmation. The invoice amount is to be paid within 5 working days on our account.
§ 6.3 When paying by direct debit, you have to bear those costs that arise as a result of reversing a payment transaction for lack of funds or because you incorrectly transmitted data of the bank account.
§ 6.4 A right of set off is available only if your claims are legally established in court or are undisputed or acknowledged in writing by us.
§ 6.5 You can create a lien only if the claims from the same contractual relationship.
§ 7 Retention of title
The goods remain our property until full payment. Before transfer of ownership a pledge, sale, transfer of ownership, processing or transformation is not allowed without our consent.
§ 8 Right of withdrawal
§ 8.1 Consumers have a thirty-day right of rescission.
Lecture for withdrawal
Right of withdrawal
The AWEKAS GmbH grants its customers a right of withdrawal of 30 days. It begins with deliveries of goods with their receipt by the consumer, for services with the date of contract. The day it triggering the deadline (contract or receipt by the customer) does not count. The cancellation must be in writing via mail, fax or letter to our company during the withdrawal period at the address below without explanation:
AWEKAS GmbH
Automatisches Wetterkartensystem
Am Bahndamm 8
4563 Micheldorf in Oberösterreich
Austria
F: +43 677 618 02625
E: verkauf@awekas.at
If the consumer cancels the contract, so train to train, the employer shall reimburse the paid by the consumer and to replace the undertaking given by consumers to the thing necessary and useful expenses. The consumer has returned the services received and the entrepreneur to pay a reasonable fee for the use, including compensation for the associated reduction of the fair market value of the power. The takeover of the services by the consumer should not be regarded solely as an impairment of its own. Dispatchable goods are returned by the consumer; not parcel goods will be picked up by the consumer. The customer as agreed to bear the cost of returning the goods if he resides in Austria.
If the customer is an entrepreneur (see §1 UGB), a withdrawal is excluded entirely.
End of lecture for withdrawal
§ 8.2 The right of withdrawal does not apply to supplies of goods which are manufactured according to customer specifications or clearly tailored to personal needs or for the delivery of software if the delivered data carriers have been unsealed by you.
§ 8.3 Please avoid damage and contamination. Send the product as possible in original packaging with all accessories and with all packaging components to us. Use a protective outer packaging. If you no longer have the original packaging, please provide a suitable package for adequate protection from damage during transport to avoid damage claims because of damage due to faulty packaging.
§ 8.4 Please send the product with the Austrian postal service with sufficient postage back to the following address:
AWEKAS GmbH
Automatisches Wetterkartensystem
Am Bahndamm 8
4563 Micheldorf in Oberösterreich
Austria
§ 8.5 Please call us before returning to announce the return. Phone: +43 677 618 02625. Please present also a copy of the invoice or delivery. In this way, you allow us the fastest possible assignment of the products.
§ 8.6 Please note that the arrangements referred to in paragraphs 8.3 to 8.4 are not a prerequisite for the effective exercise of the right of withdrawal.
§ 9 Transport damage
§ 9.1 If goods are delivered with obvious damages, please claim such errors immediately to the deliverer, and please do not hesitate to contact us as soon as possible.
§ 9.2 The failure of a complaint or contact has no consequences for your statutory warranty rights. However, they help us to make our own claims against the carrier or the transport insurance.
§ 10 Warranty
§ 10.1 The warranty is limited to the statutory period of 24 months from the receipt of goods by the purchaser or services with the date of the order. When entitled complained of deficiencies either a free replacement or improvement is made, for which a reasonable period must be. If a replacement or an improvement can not be considered (not possible to high costs, unreasonable time delay), then the purchaser is entitled to a price reduction or, if the defect is not minor, cancellation of the contract (conversion). Occurring defects must be notified if possible at delivery or after becoming visible. If the purchase for the customer is a commercial transaction (B2B), so he has to inspect at least 2 weeks after receipt of the goods and immediately notify us of any defects found this.
Our company is the sole responsibility only for damages attributable to intent or gross negligence. This does not apply to personal injury or consumer businesses. The existence of simple or gross negligence, unless it is not a consumer transaction, to prove the victim. The replacement of (deficiency) ARISING and other property damage, pecuniary loss and damage by third parties against the customer, provided it is not a consumer transaction, is excluded. Our company as the operator of the Disclaimer webshop provides the services with the utmost care, but is not liable for the provided by third parties or from third parties related services. The guarantee is the guarantor (manufacturer / sometimes the seller if this is the manufacturer) to assert and carried out according to its provisions. By use of the guarantee, the statutory warranty is not restricted.
§ 10.2 When battery is consumables with limited warranty. No warranty claims justify e.g. the power loss of accumulators and batteries, which are caused by normal wear and tear or due to improper use, operation or storage. Warranty claims regarding the Powerful when batteries are therefore excluded in principle after 12 months.
§ 11 Liability
We exclude our liability for slightly negligent breaches of duty, provided these are not contractual obligations, damages resulting from injury to life, limb or health or guarantees or claims under the Product Liability Act. The same applies to breaches of our agents.
§ 12 Ineffective clauses
If any provision of these Terms and Conditions be invalid, the contract shall remain valid. Instead of the invalid provision, the relevant statutory provisions are valid.
§ 13 Jurisdiction and applicable law
§ 13.1 It is only the substantive law in Austria under exclusion of the United Nations Convention on the International Sale of Goods (CISG). Any disputes related to the online store and your merchandise references must be played in Austria, either before the ordinary courts in your country or at the headquarters of AWEKAS GmbH (competent court in Kirchdorf). The court of jurisdiction shall be governed by Art. 22 of the Jurisdiction Act.
§ 13.2 This Agreement and concluded under these Conditions of contracts are subject to Austrian substantive law.
§ 14 Place of performance
Performance for all transactions is the company’s location
§ 15 Property rights, copyrights and other rights
The Software is limited to the supply in object code (executable form). It contains the information provided by the manufacturer (documentation, installation and usage instructions), which must not be delivered in paper form. In case of any physical disk downloads and no documentation or the manufacturer’s instructions are delivered in paper form. The software, in particular source and object programs, the associated media, organization, documentation and training documents remain the property of the Contractor, unless expressly agreed otherwise in the software contract, and subject to copyright. A right to release the source code does not exist. The customer acquires a simple, non-exclusive right to use the contractual software under application and recognizing the conditions of the license AWEKAS GmbH (AWEKAS). The recognition of the license terms of AWEKAS GmbH (AWEKAS) is a prerequisite for the effectiveness of the purchase agreement with the seller. Regardless of all the programs and documents remain until complete payment property of the contractor. The Customer acknowledges the rights of third parties for the delivered or used by the contractor foreign license software and agrees upon request to sign sub-license agreements. The intellectual property of layout and code lies with the AWEKAS GmbH. The copyright notice and link that the software from the AWEKAS GmbH (AWEKAS) was created may not be removed or altered without consultation. The other contents of the Web pages created by the templates can be changed later as desired by the customer.
§16 Notice for links
We refer to our web pages with links to other sites on the Internet. For all these links: AWEKAS GmbH expressly declares that it has no influence on the design and content of linked pages. Therefore we dissociate ourselves from all contents of all linked pages of third parties on www.awekas.at and make these contents not own. This statement applies to all links displayed and for all contents of the sites to which links lead.