Business Terms and Conditions:
(“Allgemeine Geschäftsbedingungen“ translated from German for information purposes only, the original German language version is to be applied in court)
§ 1 Applicability
All ordering of goods online via our home page www.kawit.eu and thus the overall business relationship between the ordering party (hereafter „customer“) and Kawit e.U Austria, 1060 Vienna, Austria (hereafter „Kawit e.U Austria“), is exclusively governed by the following general terms and conditions in the version valid at ordering time. For your reference, the text can be downloaded to a computer, stored, reproduced and printed.
In case of questions, please contact:
Kawit e.U Austria,
1060 Vienna, Austria
(mon to fri , 8:00-17:00),
§ 2 Purchase Contract
An order on www.kawit.eu represents customer’s binding offer to Kawit e.U Austria for entering into a purchase contract. Customer’s order becomes effective once customer clicked both the buttons „Order and Pay“ and „I accept the General Terms and Conditions (GTC)”.
A purchase contract is only entered into, after Kawit e.U Austria has accepted customer’s offer, which then creates customer’s right to have the goods delivered. The order entry confirmation automatically sent by Kawit e.U Austria does not represent acceptance of customer’s offer.
Customer’s offer will be formally accepted when the dispatch confirmation has been sent to the e-mail address specified by customer.
Sales are restricted to quantities typical for consumer transactions and to adults, i.e. persons of at minimum 18 years of age.
The password required for ordering must not be made known to any third party. In case of password leakage, customer vouches for any potential third party orders placed with customer password and for subsequent liabilities.
§ 3 Withdrawal from Contract
(1) Customer can withdraw from the contract within a period of 14 days. Regarding the delivery of goods, this deadline is calculated from the day when goods are received by customer. With partial or separate deliveries, it starts with the receipt of the final shipment. For the withdrawal to become effective, it is sufficient to send the withdrawal statement within this period. Withdrawal from the purchase of multiple goods that were sold in combination at a package price can only be accepted for the package in question in its totality
(2) For returning goods, customer shall use our return form found online. Kawit e.U Austria will bear the costs for returning the goods. Note that withdrawal can be declared in any generally acceptable format (e.g. letter, FAX or E-Mail).
Customer should send withdrawal notices to: Kawit e.U Austria, 1060 Vienna/Austria, or per e-mail to: email@example.com
.At any rate, customer must return goods to the address below without delay, send them latest 14 days after Kawit e.U Austria was informed of the withdrawal..
Kawit e.U Austria Retouren
(3) In case of a valid withdrawal, Kawit e.U Austria will reimburse customer for payments made. Kawit e.U Austria reserves the right to hold back reimbursement until goods have been received at Kawit e.U Austria or customer has proven that the return shipment was made, whatever happens first. Customer will be liable for a potential depreciation of goods only if such depreciation is due to manipulations not required for validating quality, properties and functionality of the goods.,
(4) Customer should keep a mailing receipt on file in case proof of the return shipment is required
(5) In case the withdrawal request is not valid, customer carries the cost of a return and the restitution shipment
§ 4 Delivery
(1) Orders are accepted from persons with a mailing address in the European Community (EU), Norway, Switzerland, Liechtenstein, Oman, Kingdom of Saudi Arabia, Jordan, Egypt, Lebanon, Kuwait, Bahrain, Qatar, United Arab Emirates, Turkey, Canada and United States. We provide delivery discounts for certain destination countries depending on purchase volume. You can view details on our website under “Shipping Conditions”.
(2) Kawit e.U Austria is entitled to making partial deliveries to the address specified at order entry time. Kawit e.U Austria will carry the additional shipment costs caused up to the first additional shipment. Partial shipments are at the risk of Kawit e.U Austria. With the receipt of each partial delivery, the risk for the goods shipped transfers to customer. In case Kawit e.U Austria causes delays with open partial deliveries or cannot deliver at all, customer has the right to fully withdraw from the overall purchase contract. Deliveries and payments made will be returned and reimbursed step by step
(3) Standard delivery shall be 2 to 5 work days.
In case an order cannot be delivered, not due to negligence of Kawit e.U Austria but due to a Kawit e.U Austria supplier breaking contractual commitments, Kawit e.U Austria is entitled to withdraw from the purchase contract.
§ 5 Payment Options, Due-dates, Over-dues, Reserved Ownership
(1) Kawit e.U Austria offers the following payment options
- Immediate transfer / on-line transfer
- Credit card (Mastercard, VISA, Diners Club, American Express) purchase price due at order time
- Only for residents of Austria: Collect on delivery
(2) Over-dues will be charged at 9% p.a. above base rate and 60 Euro will be billed for dunning procedures. In case of a collection agency stepping in, the maximum amounts are calculated according to the legal regulations in Austria (as per „Verordnung BGBl. 141/96“) and with the involvement of an attorney each dunning letter out of court is charged at 50Euro – as par as these costs are adequate and required for purposeful legal proceedings. In case an address hast to be investigated, related costs are separately charged with Euro 45.
(3) Goods livered to customer remain the property of Kawit e.U Austria until payment was made in full.
§ 6 Warranty
(1) Customer enjoys warranty as legally protected by Austrian law (§ 923 ff ABGB)
(2) Graphical representations of products may not always be identical to the products physically delivered. Especially product portfolio rejuvenation executed by suppliers can lead to changes in the look and feel of products. Warranty rights are waived as long as such modifications are minor, not affecting the specifically requested or usually anticipated properties, allowing utilization as per product description and therefore are reasonable for customer to accept.
(3) Costs for return shipment in case of a defect are carried by Kawit e.U Austria. In this case customer is requested to contact the Online Shop Customer Service via e-mail: firstname.lastname@example.org
§ 7 Indemnification
Damage compensation will be made in line with legal prerequisites if contractual obligations have been violated. The same applies for claims based on product warranty legislation. All instructions and warnings on packaging and on inserts must be followed. Warranty is waived for any non-compliant application or manipulation. When the ordering party is a company, Kawit e.U Austria has no liability for negligence or unrealized profit..
§ 8 Privacy and Data Protection
§ 9 Miscellaneous
(1) Legal disputes shall be governed by Austrian law (excluding UN procurement regulations).
(2) Complaints shall be addressed to the contact specified in §1.