General Terms and Conditions
Awintoo General Terms and Conditions
1) Area of Application
1.1 These 'General Terms and Conditions'
(hereinafter ""GTC"") of Awintoo (hereinafter ""Seller"")
apply to all orders, of merchandise shown in the seller's online store, that
the seller and a consumer or entrepreneur (hereinafter
""Customer"") / close. Herewith the inclusion of the
customer's own terms is contradicted, unless it is otherwise agreed.
1.2 Consumers in regards to the GTC shall
mean any natural person who enters into a legal transaction for purposes that
can be attributed neither to commercial nor its independent vocational
activity. Entrepreneurs in regards to the GTC is a natural or legal person or a
legal partnership, in completion of a legal transaction in their commercial or
independent professional activity.
2) Completion of Contract
2.1 The product descriptions in the online
shop of the seller do not constitute binding offers on the part of the seller,
but are intended to submit a binding offer by the customer. The customer will
then be sent an automatic email order confirmation, in which the customer's
order is listed again and the customer can print it out using the
""print"" (order confirmation), this only serves for
purposes of transparency and documentation of the receipt of order at Awintoo
and does not constitute acceptance of the application. Also the possible
transmission of account information via e-mail for the purpose of payment in
advance, does not constitute a declaration of acceptance by Awintoo. A purchase
order is completed only when the product ordered by Awintoo is shipped to the
customer and the shipping has been confirmed to the customer by Awintoo with a
second email (shipping confirmation).
2.2 The customer can select products from Awintoo's
product range and add them to their virtual shopping cart with the
"Add to Cart" button. They can then confirm their intent to purchase
the goods collected, with the "To the checkout" button. After
verification of the items in the cart, the customer then selects the "To
the checkout" button to reconfirm and check the order, delivery
and payment information, where they can correct information if necessary. To
this purpose a prior registration on the Awintoo website is required. If the
customer has not submitted any credentials prior to their purchase, there is
the option to register and login. By then selecting the "Buy
now" button, the customer makes a binding agreement to purchase the
products in the cart. In individual cases, prior to sending such a
binding order, the customer can change their information at any time and at any
point, by pressing the "back" button in their internet
browser. In addition, before submitting the binding order, there is always the
option to terminate the order by closing the browser.
2.3 Should the product selected by the
customer at the time of order be no longer available, Awintoo will notify the
customer in the order confirmation. If the product is permanently out of stock,
we will refrain from a confirmation of acceptance. In this case the order will
not be completed. If a product ordered by the customer is only temporarily
unavailable, Awintoo will also inform the customer in the order confirmation.
Should the delivery be delayed by more than four weeks of the original estimated
delivery date due to the lack of availability, the customer has the
right to cancel the order. Incidentally, in this case Awintoo is also entitled
to revoke the order. Here Awintoo will immediately refund the payment made by
the customer.
2.4 The period for accepting the order
begins immediately on the day
following its dispatch and shall be completed by the end of the fifth day,
following the dispatch of the order.
2.5 The contractual agreement will not
be saved by Awintoo. However, the customer has the option to save the GTC by
using the memory function in their internet browser. The link in the order
confirmation, which includes all necessary order information, has the option of
recalling and downloading the GTC.
2.6 Before the contractual binding of the
order via the online order form, the customer can correct his entries using the
usual keyboard and mouse functions. In addition, all entries before binding
submission of the order are displayed once again in a confirmation window and
can be corrected by means of the usual keyboard and mouse functions.
2.7 The language used in the
completion of the order is English.
2.8 Order processing can usually be done via
email and/or automated order processing. The customer must ensure they submit
the correct email address during order processing, so that the emails sent by
the seller can be received by the customer. The customer must also ensure that
their use of spam filters does not hinder the receipt of order processing and
third party emails, confirming the shipment of the ordered product by the
seller or by the seller’s assigned third party representative.
2.9 When ordering alcoholic beverages, the
customer confirms that they have reached the minimum required legal drinking
age when confirming the order, and is
committed to making sure that either they or the person authorised by them is
of age to accept the goods.
3) Right of Revocation
3.1 Consumers are generally entitled to a
right of withdrawal.
3.2 More information about the right of
revocation can be obtained from the seller’s right of revocation guidelines.
4) Voluntary Right of Return
4.1 In addition to the statutory right of
revocation, the customer is granted an additional voluntary right to return
products purchased from Awintoo within 30 days of receipt of their entire
order. With this right of return, they may also return items after the expiry
of the standard contractual 14 day revocation period (see revocation guidelines),
by sending the goods within 30 days of receipt (period beginning on the day
following receipt of the goods), back to the following address: OBK TEAM , 1030
Vienna , Austria Baumgasse 26/2-3. Timely dispatch is sufficient in order to
meet the deadline. However, a prerequisite to the exercise of this voluntary
right of return, is that the goods are returned undamaged, in their original
condition. In the case of a return the customer may use the enclosed returns
sticker in the order.
4.2 Upon exercising their voluntary right to
return, a refund into the customer’s original account will follow. For payments
made via invoice, bank transfer and advance payments, return remittance will be
transferred into the account the original payment was made from. If the
customer has paid by PayPal or credit card, the refund will be transferred into
the respective PayPal or credit card account.
4.3 The customer’s statutory right of
revocation shall not be affected by the seller’s supplementary contractually
granted (voluntary) returns policy and will continue to be maintained
independent thereof. Statutory rights apply till the expiration of the
statutory returns policy. The contractually granted (voluntary) returns policy
does not limit the customer’s statutory warranty rights, which remain fully
applicable.
5) Prices and Payment
5.1 Provided that the product description
of the seller has not indicated otherwise, displayed prices refer to the total
price, which includes VAT. Additional delivery and shipping costs are
displayed separately.
5.2 For deliveries to countries outside of
the European Union, other costs may be incurred. In such individual cases, the
seller is not responsible for the costs and these shall be borne by the
customer. These include costs for money transfers through banks (e.g. bank
transfer fees, exchange rates), import duties and/or taxes (e.g. customs
duties). Such costs may also be incurred if the payment is not made within
a country in the European Union, but via a money transfer from a
country outside of the European Union.
5.3 Customers can choose from several
payment options available to them, which are noted in the seller's online
shop.
5.4 If prepayment has been selected, payment
is due immediately after completion of the order.
5.5 If "PayPal" payment has been
selected, then settlement of the outstanding payment is done via the payment
service provider PayPal (Europe) S.à et Cie, SCA, 22-24 Boulevard Royal, L-2449
Luxembourg, under validity of the ‘PayPal User Agreement’, available at:
https://www.paypal.com/uk/webapps/mpp/ua/useragreement-full.
5.6 If the customer chooses to pay by credit
card, the respective credit card account will not be charged until the order is
completed.
6) Shipping & Returns Conditions
6.1 During completion of the transaction
and order processing formalities, the delivery address provided is considered
final. An exception to this is when paying through PayPal, where the delivery
address entered by the customer on PayPal, is considered final. The shipment of
goods is delivered to the address given by the customer unless otherwise
agreed.
6.2 If the shipping company sends the goods
back to the seller in the case of an unsuccessful acceptance of delivery, the
customer must bear the costs for the reshipment. This does not apply if the
customer effectively exercises his right of revocation, if he was not
responsible for the circumstance that has led to the failure of delivery, or if
he was temporarily prevented from accepting the service offered, and informed
the seller well in advance.
6.3 Pickup is not possible due to technical
reasons.
7) Reservation of Ownership
The seller reserves
all rights of title in advance until full payment of the purchase price has
been made and the goods delivered.
8) Liability for Defective Goods
(Warranty)
8.1 If the ordered goods are defective,
statutory rights pertaining to liability for defective merchandise apply.
8.2 Notwithstanding this, the period for
warranty for claims of used goods is one year from date of delivery to the
customer. However, the warranty does not apply to:
- Items that are meant to be used and have been used for the purpose of
construction and have been damaged in the process.
- Damage arising from injury to life, body or health, due to an intentional or
negligent breach of duty by the seller or an intentional or negligent breach of
duty by a legal or third party representative of the seller.
- Other damages arising from an intentional or grossly negligent breach of duty
by the seller or on an intentional or grossly negligent breach by a legal or
third party representative of the user.
- In the event that the seller has fraudulently concealed the defect.
8.3 The customer is asked to complain about
the damaged goods to the relevant shipping company and inform the seller. If
the customer fails to comply, it has no effect on their legal or contractual
warranty claims.
9) Redemption of promotional vouchers
9.1 Promotional vouchers/codes issued free
of charge by the seller as part of a promotional campaign and valid for a
limited period, obtained by the customer free of charge, cannot be purchased or
sold, but can only be redeemed within the specified period in the seller’s
online shop.
9.2 Selected products may be excluded from
the voucher/code promotion, provided that the corresponding limitations and the
terms & conditions of the voucher/code have been noted.
9.3 Promotional vouchers/codes can only be
redeemed prior to the completion of the ordering process. Redemption is not
possible afterwards.
9.4 Only one promotional voucher/code may be
redeemed per order.
9.5 The value of goods must be at least
equal to the amount of the voucher/code. Any remaining credit balance will not
be reimbursed by the seller.
9.6 If the promotional voucher/code falls
short of covering the order total, one of the many payment methods offered by
the seller may be selected to pay the outstanding difference.
9.7 The credit of a promotional voucher/code
will neither be paid out in cash nor accumulate any interest.
9.8 The promotional voucher/code will not be
refunded if the customer exercises their statutory rights and returns some or
all of the goods paid for, with the promotional voucher/code.
9.9 The promotional voucher/code is
transferable. The seller may discharge effect to respective owners, who will,
in turn, redeem the voucher in the seller's online shop. This does not apply if
the seller knows or is grossly ignorant of the non-authorisation, incapacity or
the lack of representation.
10) Applicable Law
The law of the Hungary
shall apply to all legal relationships between the parties, excluding the laws
governing the international purchase of movable goods. For consumers, this
choice of law only applies to the extent that the granted protection is not
withdrawn by mandatory provisions of the law of the country, in which the
consumer has his habitual residence.
11) Jurisdiction
If the customer is a
businessman, a legal entity of public law or a separate estate under public law
with its seat in the territory of the Hungary, the Seller’s place of business
shall be the sole place of jurisdiction for all legal disputes arising from
this contract. If the customer is domiciled outside the territory of the Hungary,
the Seller’s place of business shall be the sole place of jurisdiction for all
legal disputes arising from this contract provided that the contract or claims
from the contract can be assigned to the customer’s professional or commercial
activities. In any event however, regarding the aforementioned cases the Seller
is entitled to call the court responsible for the seat of the customer.
12) Customer Service
Awintoo Customer
Service team is available for questions, suggestions and complaints Monday to
Friday from 08:00-17:00 GMT
Phone:
- +66615831667 Thailand
- +448000418758 (call is free) Europe
AUSTRIA : +43 720 230 333
Email: sales@Awintoo.com
