All services, which are rendered through the online shop or which are ordered by the customer by email, telephone, letter or fax, take place solely on the basis of the following general terms and conditions. Variant arrangements are only valid when agreed on in writing between the online shop and the customer.
Terms of Contract
In order to be eligible to enter a contract with the online shop, a person must be at least 18 years old and their legal capacity may not be restricted at the time.
The offers of the online shop are non-binding offers to order merchandise. By ordering merchandise from the online shop, a customer implies the intent of making a binding offer when the purchase agreement is completed. The online shop is entitled to accept the offer by sending an order confirmation within five days. The contract is concluded when the customer receives the forwarded order confirmation from the supplier or when the order confirmation is sent together with the merchandise. If there is no response within the 30-day time limit, then the offer is considered as rejected.
All merchandise will be immediately shipped provided that it is in stock and as long as the supply lasts. Orders made with pre-payment will be sent as soon as the payment arrives in the Avery- wooden accessories account.
Shipment is made to Austria and all EU member countries. Delivery normally takes seven business days. The specifications of delivery time are not binding, unless a different written agreement has been made.
The merchandise is shipped at the buyer’s risk and expense – the sender shall choose the method of shipment. Upon shipment to non-EU countries, country-specific customs duties and additional costs may arise, which cannot be covered by the sender. Should an article not be available for a short time and the delivery time takes more than two weeks, then we will inform you by email about the expected date of delivery, provided your email address is available.
By delivery delays, such as acts of nature beyond control, traffic interference and orders by higher authorities as well as other events deemed inacceptable by the online shop, compensation claims cannot be made. If the shipment is delayed through the fault of the preliminary supplier and can’t be made (impossibility), the online shop is not to be held responsible.
Packaging and Shipping
The costs for packaging and shipping are stated in the online shop. Express deliveries can be made upon request. The additional charges will be carried by the customer.
Prices and Payment
- All listed prices are the final prices and include the compulsory value added tax.
- The final price does not include the costs for packaging and shipping.
- Due to the constant updating of the online website, specifications made at an earlier time regarding price and nature of the merchandise lose validity. Errors and misprints reserved.
- The stated price at the time of the customer’s offer is relevant for invoicing.
- Payment for the merchandise may be made by PayPal, instant bank transfer or pre-payment. Exceptions are only valid when a written agreement has been made between the online shop and the customer.
Reservation of Ownership
Until complete payment has been made, the merchandise on order remains the property of the online shop (reservation of ownership). In case of payment delay by the customer, the online shop is authorized to take the merchandise back. This is not a departure from the contract, unless this is expressly declared.
- Customer claims concerning defective merchandise should be directed at the online shop according to legal provisions.
- Upon receipt of the merchandise, customers are obligated to examine it for any possible defects and when any are detected, the customer will immediately inform Avery – wooden accessories by email. If a customer neglects to notify us of a defect, then the merchandise will be regarded as approved. In case of a justified complaint, the customer is entitled to a credit voucher of equivalent value or a replacement delivery. All further customer claims, particularly damage claims, are excluded – as far as legally permissible.
- Defects to the merchandise do not include damages caused by the customer’s incorrect usage or usage contrary to contract. The specifications given by the manufacturer of the merchandise is key as to what is inappropriate or is an infringement of contract.
- The guarantee is terminated in case of interference, repairs or attempted repairs by the buyer or non-authorized third persons.
Right of Withdrawal/ Exchange
Within 14 days of receiving the merchandise, private customers can withdraw from the contract and return the unused, undamaged merchandise in the original packaging without giving a reason to the following address:
Avery – wooden accessories
A-9300, St. Veit an der Glan
The customer carries the costs of the return shipping.
Likewise, private customers have the right within 14 days of receiving the merchandise to make an exchange as long as the merchandise wasn’t used or damaged. The customer carries the costs of the return shipping. Packages sent with postage due will only be exchanged after payment for the postage has been made.
Insofar as nothing else is stated below, further customer claims, irrespective of legal basis, are excluded. The online shop isn’t liable for any damages, which are not directly on the delivered item; the online shop isn’t liable particularly for any lost profit or any other financial loss of the customer. As far as the contractual liability of the online shop is excluded or limited, this also applies to the personal liability of employees, representatives and agents. Preceding liability limitations don’t apply, insofar as the cause of damage was intentional or gross negligence or in case of personal injury. Furthermore, it also doesn’t apply when the customer files claims regulated by law. The provisions of the product liability act remain hereof unaffected. Provided the online shop carelessly violates a contractual obligation, the obligation to pay compensation for property damage is limited to typically occurring damages. If rectification is made by a replacement delivery, then the customer is obligated to return the initially delivered merchandise within 30 days to the online shop at their expense. The return of the defective merchandise is to be carried out according to the legal regulations. The online shop reserves the right to exercise compensation of damages in accordance with legal regulations. The period of limitation is two years. The limitation period starts with the shipment of the merchandise.
The customer agrees that the online shop may electronically save and use their personal information only for business purposes. Note that the collected information will exclusively be used for the purpose of service provision, especially for the purpose of order processing and bookkeeping. The online shop does not pass on customer information to third parties.
The content of this website, including all external logos, photos and graphics, are property of the respective companies and are subject to the copyrights of the respective licensor. All photos, logos, texts, reports, scripts and programming routines, which are in-house designed or were edited by us, may not be copied or otherwise used without our permission. All rights reserved.
The Avery wooden watches are naturally delivered with batteries. When their service life has ended, the batteries can be returned to us. We guarantee proper and environmentally friendly disposal of the batteries.
Batteries, which contain hazardous substances, are marked with chemical symbols (Cd for cadmium, Hg for mercury, Pb for lead). Pb = battery contains lead, Cd = battery contains cadmium, Hg = battery contains mercury. Never dispose of them in domestic waste.
Avery – wooden accessories online shop has chosen partners and has placed links on the website. However, these websites are not controlled by Avery – wooden accessories and hence we cannot take any responsibility for the content of these websites.
- As long as the law does not stipulate otherwise, the registered office of the online shop will be the sole place of jurisdiction.
- In case of disputes, which may arise from these legal relationships, Austrian law applies excluding the conflict-of-law rules. The use of UN-sales laws are excluded.
Validity of the General Terms and Conditions
By placing an order a customer acknowledges the general terms and conditions of the online shop. Should one of the conditions of the general terms and conditions become void for whatever reason, then the validity of the rest of the conditions remains unaffected. In order for verbal agreements to become effective, written confirmation has to be given.