Please read these Terms and Conditions of our Aenea Online Shop (“Terms and Conditions”) carefully before ordering any products from the Aenea Online Shop (“Product(s)”). These Terms and Conditions govern our relationship with you in relation to our Aenea Online Shop and your purchase of Product(s) from the Aenea Online Shop.
Please click on the final button marked “Complete Order” at the Order Confirmation section of the Aenea Online Shop before placing your order with us (“Order”) to show that you accept them. Please understand that if you refuse to accept these Terms and Conditions, you will not be able to order any Product(s) from our Aenea Online Shop. By using this Aenea Online Shop, placing an Order with us, you are indicating your acceptance of these Terms and Conditions. The Terms and Conditions shall supplement any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by us. We reserve the right to make changes to these Terms and Conditions at any time.
You may have other rights granted by mandatory law, and these Terms and Conditions do not affect these except if they are inconsistent. If this is the case then these Terms and Conditions will override any other rights which you may have, unless this is not permitted by law.
- OUR CUSTOMERS
To purchase from us you must be over 18 and resident in the European Union. For online purchases, we can only ship to the following countries: Austria, EU Countries
- CONCLUSION OF CONTRACT
The presentation of the Product(s) in our Aenea Online Shop does not represent any legally binding offer, but a non-binding online catalogue. An Order is only possible when all the obligatory fields have been filled in. Before sending your Order you shall receive a summary of the order including prices, which you can still correct or confirm. Your Orders in the Aenea Online Shop are binding offers for entering into the associated contracts to purchase with us. As soon as your Order is forwarded to us, by clicking on the button “Complete Order” (or similar), your binding Order has been constituted, and at the same time you confirm that you have read and understood the current Terms and Conditions. First, you will receive a non-binding confirmation by e-mail, which is later supplemented by a formal order confirmation by e-mail.
After sending you the confirmation e-mail we will check to make sure we are able to fulfil your Order. Where we accept your Order, we will confirm such Order by sending you a second email ("Dispatch Email") confirming your Order, confirming dispatch of the Product(s) to the delivery address you have requested and giving you estimated timescales for delivery. This is sent out automatically by us to the email address you register with us. At this point we will process the payment details you have given to us to take payment for your Order. By sending you the Dispatch Email and thereby confirming and accepting your Order, the contract between us (“Contract”) is formed.
We are also entitled to accept Orders only partially.
You indicate that you expressly agree to have your credit rating checked by inquiries to the officially-authorized credit protection associations, credit institutions and credit inquiry agencies. We reserve the right to refuse to accept the Order if we receive a negative credit report. In addition, we reserve the right to reject orders from customers if there is reason to believe that the customer is acting in contravention of these Terms and Conditions, is involved in fraudulent activities or other activities of importance from a criminal law standpoint or any other material reason exists.
Product(s) and prices are as shown in the Aenea Online Shop; Products are available as long as they are in stock. We reserve the right to change the Product(s) offered in the Aenea Online Shop at any time without notice and to limit the number of items that may be purchased by a visitor.
There is no liability for lack of items in stock or for products not being available. Any commercial resale or distribution of our products sold on the Aenea Online Shop is prohibited.
- PRICE AND PAYMENT
All prices are given in Euro, including all legally owed taxes and fees, namely value added tax and where applicable the advertising tax, excluding shipping and freight insurance (shipping costs). For value added tax purposes, shipping costs share the fate of the primary service, i.e. they include all legal duties that apply to the charge for the respective delivery/service.
Prices and delivery costs are liable to change at any time, but changes will not affect Orders which we have already confirmed in a Dispatch e-mail.
The total price of your Order, including all ancillary and shipping costs, was indicated on the previous page or will be shown at the end of the checkout process. By confirming the Order, you state that you agree to the price for the goods. The price cannot be adjusted after the completion of the check-out process.
All payments must be made at the time of dispatch of the Product(s) to you. Payment for all Product(s) must be by credit or debit card. We accept payment with Visa, MasterCard, and American Express, PayPal and Sofortüberweisung. If we are unable to accept your Order for any reason then we will, at our option, either reject your debit or credit card or refund any money paid by you in respect of that Order. We will not dispatch the Product(s) until we receive payment in full. Please note it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
If you pay with a credit card, we reserve the right to check the validity of the card and to monitor the availability parameters for collection and the address data. If the institution that issued the credit card refuses to make payment to us, we are not liable for delays or for failure to deliver.
You hereby also give your consent to receiving invoices electronically in .pdf-format.
- DELIVERY, TITLE AND RISK
The Product(s) shall be delivered after payment has been received by us.
We aim to deliver Product(s) to you, to the delivery address you have requested in your Order within the time set out in our Dispatch e-mail but we cannot give an exact delivery date. In any case delivery periods are non-binding and shall be extended in the event of force majeure or if there are difficulties in receiving deliveries from our suppliers.
Ownership and risk of the Product(s) will pass to you on delivery.
All products are carefully checked before they are dispatched. Please also check your delivery immediately upon receipt for shipping damages, completeness and correctness.
- DAMAGED OR DEFECTIVE PRODUCT(S)
Subject to any specific warranties we offer in relation to particular Product(s), or those which are implied by law, we do not offer any special warranty or guarantee on our Product(s).
All Product(s) are carefully checked before they are dispatched. Please also check your delivery immediately upon receipt for shipping damages, completeness and correctness. If you find a defect or damage you must tell us as soon as possible and we will arrange for their return to us, at no cost to you. If the Product(s) are found to be damaged prior to delivery to you, or defective (through no fault of your own wearing or use), we will repair or replace the Product(s) or refund the price paid by you, including any delivery charges you paid, provided that you have not worn or used and damaged the Product(s). If you would prefer repair or replacement of the Product(s) please contact us and we will replace the item at no extra charge to you where this is reasonably practicable. In addition we will either refund the cost of the return of the item to us by you or send you a prepaid parcel which you can use to return the damaged or defective item to us. Nothing in this section affects your legal rights.
- PRODUCT INFORMATION IN THE AENEA ONLINE SHOP
Due to different colour settings on monitors and other reproduction media, minor colour differences can occur Product(s) custom-made according to your specifications; this shall not entitle you to any guarantee or compensation. Other items may be represented at a larger than actual size in order to clearly show details or smaller than actual size in order to show the entire item. Additionally the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product when you receive it.
- LIMITATION OF LIABILITY
We shall be liable to you for damages caused by it or individuals acting on its behalf under the law only in case of premeditation or gross negligence. We shall not be liable - unless otherwise required compelling legal provisions - for slightly negligently caused damages. This does not apply to consumer as defined by §1 KSchG for personal damages.
8.2 Consequential Damages
Any liability of us exceeding this, in particular for loss of profit, damages due to delay, loss of assets, consequential damages, unrealized savings, interest losses, as well as damage from third party claims against the customer is, unless otherwise required by compelling legal provisions, excluded.
8.3 Compensation Amount
We shall only be liable up to the amount paid for the Order.
- YOUR RIGHT TO CANCEL
If you are a consumer as defined by the Consumer Protection Act Konsumentenschutzgesetz (KSchG) you have the right, in addition to your other rights, to cancel the Contract (other than for personalised, engraved, customised, fragrances or other products which we have specified as non-returnable) as follows:
The buyer can withdraw from a statement of willingness to enter into a contract within 14 days as of the day on which he, or a third party designated by him, who is not the carrier, took possession of the last merchandise and to do so without providing reasons. For contracts concern regular delivery of merchandise over a set period, the rescission period begins on the day on which the buyer or a third party named by him and who is not the carrier gains possession of the first merchandise. In order to exercise his right of rescission, the buyer must inform AENEA Atelier, Goldgasse 15, 5020 Salzburg, Austria, Tel: +43 662 840265, email: [email protected] by means of a clear statement (e.g. with a mailed letter, fax or e-mail) about his decision to withdraw from the contract. The buyer can use the sample rescission form, which is however not compulsory. To preserve the rescission, period, it is sufficient to send the notice of rescission before the rescission period.
Excepted from this right of rescission are merchandise which are customized to the customer's specifications or clearly customized to his personal needs (§ 18 (1) Item 3 Federal Act on Mail Order and Contracts concluded outside of Business Premises (Mail Order and External Transactions Act - FAGG) as amended).
Consequences of withdrawal:
In the event of an effective rescission, the merchandise must be sent back or returned by the buyer immediately, but no later than 14 days as of the date of the notice of rescission to: AENEA GmbH, Goldgasse 15, 5020 Salzburg, Tel: +43 662 840265, email: [email protected] The deadline is preserved if the buyer sends out the merchandise within 14 days of the deadline. The buyer shall bear the direct costs of return shipping. We shall refund to the buyer all payments received by it, including shipping costs (with the exception of any additional costs incurred as a result by the buyer selecting a form of shipping other than the standard shipping modality offered by us) immediately and no later than 14 days as of the date of receipt of the notice of rescission via the same method of payment that the buyer used for the original transaction barring other arrangements; under no circumstances will the buyer be charged costs due to this refund. We reserve the right to refuse a refund until it has gotten the merchandise back or until the buyer has provided proof of return shipping, which ever comes first. The buyer must only cover any loss in value of the merchandise if upon examination of the condition, characteristics and method of functioning of the merchandise, said loss can be attributed to unnecessary use thereof.
- DATA PROTECTION
You agree that data provided in the context of ordering and order processing can be collected, processed, stored and used for our accounting purposes and also for internal market research and marketing purposes. The data shall be used by us to fulfil the statutory requirements, to process payment transactions and for advertising purposes.
We advise you to print a copy of these Terms and Conditions for your information in the future. You can download a .pdf-version of these Terms and Conditions by clicking here.
These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract.
Exclusive place of jurisdiction for all disputes arising from contracts with customers who are entrepreneurs pursuant to iSd KSchG is the competent respective court of law in Vienna. Only Austrian material law is applicable under exclusion of reference provisions and the United Nations Convention on Contracts for the International Sale of Goods, unless mandatory law would not be more favourable to the consumer.
Deviations from the herein mentioned terms of payment and delivery must be in written form and are only valid if they are duly signed by AENEA GmbH.
If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court, it will be deleted from the rest of these Terms and Conditions which shall remain unaffected.
All notices given by you to us must be given in writing to the address set out at the beginning of these Terms and Conditions. We may give you notice at either the email or postal address you provide to us when placing an Order.
We are AENEA GmbH, a company registered in Austria. Our registered office is in Florianigasse 3, 1080 Wien. Our VAT number ATU68215166.
You can contact us by email at [email protected] or by phone on Tel: +43 662 840265
The Website to which these Terms of Sale apply and for which we are responsible is http://www.aenea.com.