TERMS AND CONDITIONS

of CWC Handels GmbH for orders placed through the CWC · Eau de Parfum online shop

1. Seller, Scope of Application

1.1. Contractual Partner
These Terms and Conditions (“T&C”) apply to all contracts concluded between:

CWC Handels GmbH
Franz Josef Platz 9
4810 Gmunden
Austria

Additional location:
Schulstr. 3
4580 Windischgarsten
Austria

Email: office@c-w-c.store

Phone: +43 1 225635474

– hereinafter referred to as the “Seller” – and the customers – hereinafter referred to as the “Customer” – via the online shop.

1.2. Scope of Application
These T&C apply to both consumers and businesses.

1.3. Consumer
A consumer is any natural person for whom the relevant legal transaction does not form part of the operation of their business.

1.4. Business
A business is any natural or legal person, or any partnership with legal capacity, for whom the relevant legal transaction forms part of the operation of their business.

1.5. Deviating Terms
Any deviating terms and conditions of the Customer shall apply only if the Seller has expressly agreed to them.

2. Offer, Order, Conclusion of Contract

2.1. Non-Binding Presentation
The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding invitation to the Customer to submit an offer to conclude a purchase contract.

2.2. Ordering Process
By completing the ordering process and clicking the button “zahlungspflichtig bestellen” / “order with obligation to pay”, the Customer submits a binding offer to conclude a purchase contract for the goods contained in the shopping cart.

2.3. Order Confirmation
After receipt of the order, the Customer shall receive an automated order confirmation by email. This confirmation merely acknowledges receipt of the order and does not yet constitute acceptance of the offer.

2.4. Conclusion of Contract
The contract shall only be concluded when the Seller expressly accepts the Customer’s offer by email or dispatches the goods.

2.5. Rejection of Orders
The Seller is entitled to reject orders where justified reasons exist, in particular in the event of obvious input errors, unavailability of goods, justified suspicion of misuse, or where proper performance of the contract is not possible for factual reasons.

3. Products, Availability, Typical Product-Related Deviations

3.1. Product Description
The type, scope and characteristics of the goods shall be governed by the respective product description in the online shop at the time the order is placed.

3.2. Minor Deviations
Customary minor deviations, or minor deviations due to technical or production-related reasons, in particular with regard to packaging, labelling, colour appearance, presentation or batch-related nuances, are reserved, provided that the ordinary usability and the essential product characteristics are not impaired thereby.

3.3. Unavailability
If an ordered product is exceptionally unavailable, the Customer shall be informed without undue delay. Any payments already made shall be refunded without undue delay in such case.

4. Prices, Shipping Costs, Payment Terms

4.1. Prices
The prices displayed in the online shop at the time the order is placed shall apply.

4.2. Value Added Tax
Unless otherwise stated, prices shown to consumers include the applicable statutory value added tax.

4.3. Shipping Costs
In addition to the product price, shipping costs shall apply. These shall be displayed separately to the Customer in the checkout before the order is submitted.

4.4. Customs Duties and Import Charges
For deliveries outside the European Union, additional customs duties, import charges, taxes or other charges of the destination country may apply. These shall be borne by the Customer unless they are expressly shown in the ordering process as being assumed by the Seller.

4.5. Payment Methods
The payment methods available in each case shall be displayed during checkout. Payment processing may be carried out by external payment service providers. Their own contractual terms and conditions of use may additionally apply to their services.

4.6. Default in Payment
If a business customer defaults in payment, the statutory provisions shall apply.

5. Delivery, Shipping, Transfer of Risk

5.1. Delivery Address
Delivery shall be made to the delivery address provided by the Customer during the ordering process, in those countries that are selectable in the shop or checkout at the time the order is placed.

5.2. Dispatch Time
Unless otherwise stated in the shop, dispatch shall usually take place within 1 to 3 business days after conclusion of the contract or receipt of payment, provided that the goods are available.

5.3. Delivery Times
Any stated delivery times are non-binding unless they have expressly been agreed as binding.

5.4. Partial Deliveries
Partial deliveries are permissible insofar as this is reasonable for the Customer. No additional shipping costs shall arise for the consumer as a result.

5.5. Transfer of Risk for Consumers
If the Customer is a consumer, the risk of accidental loss of or accidental damage to the goods shall pass only upon delivery to the Customer or to a third party designated by the Customer who is not the carrier.

5.6. Transfer of Risk for Businesses
If the Customer is a business, the risk shall pass to the Customer upon handover of the goods to the transport company.

5.7. Failed Delivery
If the Customer provides an incorrect, incomplete or undeliverable address, or unjustifiably refuses acceptance of the goods, the Customer shall bear the resulting additional costs, provided that the Customer is responsible for such circumstances.

6. Retention of Title

6.1. Retention of Title
The delivered goods shall remain the property of the Seller until full payment has been made.

7. Right of Withdrawal / Cancellation Right for Consumers

7.1. Statutory Period
Consumers generally have a statutory right to withdraw from distance contracts within fourteen days.

7.2. Withdrawal Policy
The details of the right of withdrawal are set out in the separate withdrawal policy on the relevant shop page.

7.3. Reimbursement
In the event of an effective withdrawal, all payments made, including the costs of the least expensive standard delivery offered, shall be reimbursed in accordance with the statutory provisions.

7.4. Return Costs
The direct costs of returning the goods shall be borne by the consumer, provided that the consumer was informed of this before conclusion of the contract.

7.5. Exclusion or Early Expiry of the Right of Withdrawal
A right of withdrawal shall not exist, or shall expire early, in the statutory exceptional cases. This applies in particular to sealed goods which are not suitable for return for reasons of health protection or hygiene, if the seal has been removed after delivery.

This applies in particular to sealed perfume and cosmetic products with a security seal.

8. Warranty

8.1. Statutory Basis
The statutory warranty provisions shall apply.

8.2. Consumers
Consumers shall be entitled to the statutory warranty rights without restriction.

8.3. Businesses
For business customers, the warranty period shall be twelve months from delivery of the goods.

8.4. Duty to Inspect and Notify Defects for Businesses
Business customers must inspect the goods without undue delay after receipt and notify the Seller in writing without undue delay of any apparent defects. Section 377 of the Austrian Commercial Code (UGB) shall remain unaffected.

9. Liability

9.1. The statutory liability provisions shall apply.

10. Contract Language, Storage of Contract Text

10.1. Contract Language
The contract language shall be the language used in the respective ordering process.

10.2. Storage of Contract Text
After placing an order, the Customer shall receive an email containing the essential order details. Separate storage of the complete contract text for later retrieval in the online shop shall only take place if this is expressly stated in the individual case.

11. Data Protection

11.1. Processing of Personal Data
Personal data shall be processed in accordance with the Seller’s separate Privacy Policy.

12. Applicable Law, Place of Jurisdiction

12.1. Choice of Law
Austrian law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

12.2. Protection of Mandatory Consumer Provisions
With regard to consumers, this choice of law shall apply only insofar as the consumer is not deprived of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence.

12.3. Place of Jurisdiction
If the Customer is a business, the exclusive place of jurisdiction for all disputes arising out of or in connection with the contractual relationship shall be the court having subject-matter jurisdiction at the Seller’s registered seat.

13. Consumer Dispute Resolution

13.1. Participation in Dispute Resolution Proceedings
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board, unless there is a mandatory statutory obligation to do so.

14. Final Provisions

14.1. Severability Clause
Should individual provisions of these T&C be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.

14.2. Precedence of Individual Agreements
Individual agreements concluded with the Customer shall take precedence over these T&C.