Scope of Application 
1.1. The business relationship between CWC Handels GmbH, located at Franz Josef Platz 9, A-4810 Gmunden (hereinafter referred to as the “Seller”), and the customer (hereinafter referred to as the “Customer”) is exclusively governed by the following General Terms and Conditions in their valid version at the time of ordering.

 

1.2. You can reach our customer service for questions, complaints, and objections on weekdays from 9:00 AM to 6:00 PM at the telephone number +43 1 225635474 and via email at office@c-w-c.store.

 

1.3. For the purposes of these terms and conditions, a consumer is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity (§ 13 BGB)

1.4. Deviating terms and conditions of the customer will not be recognized unless the seller expressly agrees to their validity.

2. Offers and Service Descriptions
The presentation of products in the online shop does not constitute a legally binding offer but rather an invitation to place an order. Descriptions of services in catalogs and on the seller’s websites do not have the character of a guarantee or warranty. All offers are valid “while supplies last,” unless otherwise indicated for specific products. Errors are reserved in all other cases.

3. Ordering Process and Conclusion of Contract
3.1. The customer can select products from the seller’s range without obligation and collect them in a so-called shopping cart using the button [Add to Cart]. Within the shopping cart, the product selection can be modified, e.g., deleted. Subsequently, the customer can proceed to complete the ordering process within the shopping cart using the button [Proceed to Checkout].

3.2. By clicking the button [Place Order], the customer submits a binding request to purchase the goods contained in the shopping cart. Before submitting the order, the customer can change and view the data at any time and, using the browser function “back,” return to the shopping cart or cancel the entire ordering process. Mandatory information is marked with an asterisk (*).

3.3. Subsequently, the seller sends an automatic acknowledgment of receipt to the customer via email, in which the customer’s order is listed again, and the customer can print it using the “Print” function (Order Confirmation). The automatic acknowledgment of receipt merely documents that the customer’s order has been received by the seller and does not constitute acceptance of the offer. The purchase contract is only concluded when the seller ships, hands over, or confirms the shipment to the customer within 2 days of the ordered product, either through a second email, an explicit order confirmation, or by sending the invoice.

3.4. If the seller allows prepayment, the contract is concluded upon providing the bank details and payment request. If payment is not received by the seller within 10 calendar days after sending the order confirmation, despite a renewed request, the seller withdraws from the contract. As a result, the order becomes void, and the seller is not obligated to deliver. The order is then considered completed for both the buyer and the seller without further consequences. In the case of prepayment, the reservation of the item lasts for a maximum of 10 calendar days.

4. Prices and Shipping Costs 4.1. All prices stated on the seller’s website include the applicable statutory value-added tax.

4.2. In addition to the listed prices, the seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the order process.

5. Delivery, Product Availability 
5.1. If prepayment is agreed upon, delivery will occur upon receipt of the invoice amount.

5.2. Should the delivery of the goods fail due to the buyer’s fault despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be promptly refunded to the customer.

5.3. If the ordered product is unavailable because the seller’s supplier cannot deliver it without the seller’s fault, the seller may withdraw from the contract. In this case, the seller will promptly inform the customer and, if possible, propose the delivery of a comparable product. If no comparable product is available or the customer does not wish to receive a comparable product, the seller will promptly refund any consideration already provided to the customer.

5.4. Delivery Times and Restrictions Customers will be informed about delivery times and restrictions (e.g., limitations on deliveries to specific countries) on a separate information page or within the respective product description.

6. Payment Methods 
6.1. Before completing the order process, customers can choose from the available payment methods. Information about the available payment options will be provided on a separate information page.

6.2. If payment by invoice is possible, payment must be made within 30 days after receiving the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.

6.3. If third-party providers are entrusted with payment processing (e.g., PayPal), their general terms and conditions apply.

6.4. If payment is due according to the calendar, the customer is already in default by missing the deadline. In this case, the customer is required to pay statutory default interest.

6.5. The customer’s obligation to pay default interest does not preclude the seller from claiming further damages due to default.

6.6. Right of Set-Off and Retention The customer is entitled to set off only if their counterclaims have been legally established or acknowledged by the seller. The customer may exercise a right of retention only to the extent that the claims arise from the same contractual relationship.

7. Retention of Title Until full payment has been made, the delivered goods remain the property of the seller.

8. Warranty for Defects and Guarantee 8.1. The warranty is determined by legal regulations.

8.2. A guarantee exists for goods delivered by the seller only if it has been expressly provided. Customers will be informed about the guarantee conditions before initiating the ordering process.

9. Liability 
9.1. Without prejudice to other legal requirements for liability, the following liability exclusions and limitations apply to the seller’s liability for damages.

9.2. The seller is liable without limitation if the cause of the damage is intentional or grossly negligent.

9.3. Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the violation of which endangers the achievement of the purpose of the contract, or for the violation of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on which the customer regularly relies. In this case, the seller is liable only for foreseeable, contract-typical damages. The seller is not liable for the slightly negligent violation of obligations other than those mentioned in the preceding sentences.

9.4. Limitations of Liability The above liability limitations do not apply in cases of injury to life, body, or health, defects covered by a guarantee for the product’s quality, and willful concealment of defects. Liability under the Product Liability Act remains unaffected.

9.5. Personal Liability To the extent that the seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives, and agents.

10. Storage of Contract Text 
10.1. Before submitting the order, the customer can print the contract text by using the print function of their browser in the last step of the order process.

10.2. Additionally, the seller sends the customer an order confirmation with all order details to the email address provided by the customer. Along with the order confirmation, or at the latest upon delivery of the goods, the customer will receive a copy of the terms and conditions (AGB), the cancellation policy, and information on shipping costs, delivery, and payment conditions. If you have registered in our shop, you can also view your placed orders in your profile area. Furthermore, we store the contract text but do not make it accessible on the internet.

11. Final Provisions 
11.1. The place of jurisdiction and performance is the seller’s registered office if the customer is a merchant, legal entity under public law, or a special fund under public law.

11.2. The contract language is German.

11.3. Platform of the European Commission for online dispute resolution (ODR) for consumers: http://ec.europa.eu/consumers/odr/. We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.