GENERAL TERMS AND CONDITIONS (T&C)
of CWC Handels GmbH for orders placed through the CWC · Eau de Parfum online shop

1. Seller, Scope of Application
1.1. Contracting Party
These General 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 business customers.

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

1.4. Business Customer
A business customer is any natural or legal person, or partnership with legal capacity, for whom the relevant legal transaction is 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 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 receives an automated order confirmation by email. This merely confirms receipt of the order and does not yet constitute acceptance of the offer.

2.4. Conclusion of Contract
The contract is 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 objective reasons exist, in particular in the event of obvious input errors, unavailability of the goods, justified suspicion of misuse, or where proper performance of the contract is not possible for objective reasons.

3. Products, Availability, Product-Typical Deviations
3.1. Product Description
The type, scope and characteristics of the goods are 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 ordinary usability and the essential product characteristics are not impaired.

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

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
Shipping costs are charged in addition to the product price. They are shown in the shopping cart after the destination country has been selected and are displayed separately to the Customer in the checkout no later than 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 are 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, Dispatch, Transfer of Risk
5.1. Delivery Address
Delivery is 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, orders are generally dispatched within 1 to 3 business days after conclusion of the contract or, where advance payment has been agreed, after receipt of payment, provided that the goods are available.

5.3. Delivery Time
The actual delivery time depends on the destination country and the respective logistics partner. Unless a different delivery period has been agreed with a consumer, delivery shall take place without undue delay and in any event no later than 30 days after conclusion of the contract.

5.4. Partial Deliveries
Partial deliveries are permissible insofar as this is reasonable for the Customer. The consumer will not incur any additional shipping costs 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 passes 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 Business Customers
If the Customer is a business customer, the risk passes 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 those circumstances.

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

7. Right of Withdrawal 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 in the online shop.

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
The right of withdrawal does not apply, or expires early, in the case of sealed goods which are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery.

Our perfume products are supplied with a seal. Fragrance samples are included with every order so that you can test the fragrance. We therefore recommend that you remove the seal from the ordered perfume product only once you have decided to keep the product.

If the seal is removed, the right of withdrawal may expire early where the statutory requirements are met.

8. Statutory Warranty
8.1. Statutory Warranty Rights
The statutory warranty provisions apply. Consumers have statutory warranty rights for goods. These statutory warranty rights remain fully unaffected.

8.2. Consumers
The statutory warranty rights and warranty periods apply to consumers.

8.3. Business Customers
For business customers, the warranty period is limited, to the extent permitted by law, to twelve months from delivery.

8.4. Duty of Inspection and Notification for Business Customers
Business customers must inspect the goods without undue delay after receipt and notify the Seller without undue delay of any apparent defects. Section 377 of the Austrian Commercial Code (UGB) remains unaffected.

9. Liability
9.1. Statutory Liability
The statutory liability provisions apply.

10. Contract Language, Storage of Contract Text
10.1. Contract Language
The contract language is the language used in the respective ordering process.

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

11. Data Protection
11.1. Processing of Personal Data
Personal data are processed in accordance with the Seller’s separate Privacy Policy.

12. Applicable Law, Place of Jurisdiction
12.1. Choice of Law
Austrian law applies, 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 applies 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 customer, 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. Invalidity of Individual Provisions
If individual provisions of these T&C are 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 take precedence over these T&C.