By placing an order, the buyer recognizes our conditions as solely binding. The buyer’s terms and conditions of purchase are not valid without our express objection being required.
§ 1 Scope
The following provisions apply to all contracts between us, namely the
KaWaTec GmbH
Schmiedgasse 34
AT-8430 Leibnitz
Tel.: +43 676 7207142
E-Mail: office@kawatec.at
and you as a buyer about the sale and delivery of the items offered in our online shop at www.kawatec.at (hereinafter referred to as the online shop).
§ 2 Consumers and entrepreneurs
The offer of our online shop is aimed at both consumers and entrepreneurs. A consumer in this sense is any natural person who concludes the contract with us for purposes that are predominantly neither commercial nor self-employed. An entrepreneur in this sense is a natural or legal person or a legal partnership who, when concluding the contract with us, is exercising their commercial or independent professional activity.
§ 3 Prices
All prices are in euros including Austrian VAT plus packaging and shipping costs. Our offers are always subject to change and non-binding. Technical deviations from descriptions and information in brochures, written documents, as well as model, construction and material changes in the course of technical progress are reserved, without rights against us being initiated.
We reserve the right to change prices.
§ 4 Offer and conclusion of contract
- The presentation of the products in our online shop is not a legally binding offer, but an invitation to order.
- When you have found the product you are looking for, you can place it in the shopping cart without obligation by clicking the button {Add to shopping cart}. You can view the contents of the shopping cart at any time without obligation by clicking the shopping cart symbol. You can remove the products from the shopping cart at any time by clicking the field {X} in the column labeled “Remove”. If you want to buy the products in the shopping cart, click the {Checkout} button. Please then enter your details. The mandatory information is marked with a *. After entering your data, complete the order process by clicking the {Buy} button. The process can be canceled at any time by closing the browser window. The contract is concluded in English.
- By clicking the {Send order} button, you place a binding order for the goods listed on the order page. You place the order when you enter all information during the ordering process and send the order form to us by confirming the button {send order}.
- The purchase contract is concluded when we accept your order with an order confirmation by email. The order confirmation takes place immediately, but no later than 72 hours after your order.
§ 5 Terms of payment / bank details
Payment is made in advance as a bank transfer to our business account. The bank transfer must reach our business account within 10 days of the order confirmation being sent, otherwise the purchase contract is deemed to have been terminated. Enter the number of the order confirmation as the intended use.
Account owner: KaWaTec GmbH
IBAN: AT04 2081 5000 0694 7204
§ 6 Delivery / delivery date
The delivery will take place after the payment. Deliveries are only made to addresses within Austria, but we are working on that to change! Unless otherwise agreed, delivery will be made from the warehouse to the delivery address specified by the customer. Delivery dates or deadlines, even if a fixed date has been agreed, are non-binding for us. These are estimated dates. The place of fulfillment is exclusively the seat of the seller and the sale takes place ex warehouse. The goods travel entirely at the buyer’s expense and risk.
§ 7 Retention of title
The ordered goods remain our property until they have been paid for in full.
In the event of breach of contract by the buyer – in particular in the event of default in payment – the seller is entitled to reclaim the reserved goods after withdrawing from the contract.
§ 8 Guarantee
The statutory warranty provisions apply to all goods. It is stated that no guarantee of any kind is given for used goods.
Further claims, in particular for damages and consequential liability for goods delivered by us or services provided by us, are expressly excluded.
§ 9 Liability / Limitation of Liability
Any claims for damages, including consequential damage caused by defects, are excluded, unless they are based on intentional or grossly negligent behavior on the part of KaWaTec GmbH or concern personal injury. In addition, the replacement of damage to persons and property is excluded in its entirety, which has arisen through improper or improper use of the delivered items or if changes or repairs have been made to the goods without authorization.
§ 10 Cancellation policy for consumers
Right of cancellation
As a consumer, you have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier,
- the goods (in the case of the delivery of one product or a uniform delivery of several goods that you have ordered as part of a uniform order) or
- the last goods (if several goods are delivered separately that you have ordered as part of a single order) or
- the last partial shipment or the last piece (in the case of delivery of one or more goods that you have ordered as part of a single order, in several partial shipments or pieces)
have or has taken possession of.
In order to exercise your right of cancellation, you must inform us (KaWaTec GmbH, Schmiedgasse 34, AT-8430 Leibnitz, office(at)kawatec.at) about your decision to cancel this contract by means of a clear declaration (e.g. by post as a letter or by email). To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of cancellation
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us), to be repaid immediately and at the latest within fourteen days from the day on which we received the goods under this contract. For this repayment we use transfers to the account number that you have given us, unless something else has been expressly agreed with you; in no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back. You must return the goods immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
Cancellation form – sample
(Please fill out this form and send it by post as a letter or by email to our business address: KaWaTec GmbH, Schmiedgasse 34, AT-8430 Leibnitz, office(at)kawatec.at)
Subject: Cancellation
I / we (*) hereby cancel the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
Ordered on (*) / received on (*)
Name of the consumer (s)
Address of the consumer (s)
Signature of the consumer (s) (only when notified on paper)
Date
___________
(*)Cross out inapplicable.
End of cancellation policy
§ 11 Return / cancellation / exchange
Unless otherwise agreed, the buyer bears the return costs. Returns sent freight collect will not be accepted.
§ 12 VAT identification number
If the VAT identification number you have provided is incorrect and this means that we have to pay sales tax in this respect, we are entitled to charge or recalculate this sales tax to be paid by us if we have unsuccessfully given you a reasonable deadline for notifying the applicable VAT identification number.
§ 13 Other agreements
The buyer is responsible for ensuring that he complies with all statutory provisions that apply in the country of destination.
The seller is not obliged to check the identity / legitimation of the buyer.
If the goods ordered are prohibited items in the country of destination, the seller has no liability whatsoever in this regard and this is expressly excluded.
§ 14 Place of jurisdiction / applicable law
The place of jurisdiction is exclusively that of the seller. Austrian law applies.
Mail order of weapons and ammunition is prohibited in Austria!
§ 15 Privacy
The personal data entrusted to us by the customer will be treated with strict confidentiality and will not be passed on to third parties without prior consent. Our declaration of information obligation applies (data protection declaration).
§ 16 Copyright
All texts and images on this website are protected by copyright. The takeover and use of the content of this website, even in part, is prohibited without our written consent. Violations of copyright will be prosecuted under criminal and civil law, possibly with the assertion of claims for damages.
§ 17 Final provisions
These terms and conditions apply to all contracts concluded with KaWaTec GmbH from May 1, 2021. KaWaTec GmbH reserves the right to change the terms and conditions at any time for future contracts.
Leibnitz in April 2021