- 01 - General Terms
General terms and conditions for the purchase in the online shop “www.timemate.eu” These general terms and conditions apply for all purchases via the online shop “www.timemate.eu”
Managing Director: Martin Schaufler
Hauffgasse 3-5 / Top B4
Tel: +43 1 890 66 62
VAT No.: ATU 70151514
Companies register: Commercial Register Vienna
Commercial registration number: FN 444324v
– in the following: TIMEMATE –
and the in paragraph 02 named customer
– in the following: Customer –
- 02 - SCOPE OF APPLICABILITY/DEFINITIONS
These general terms and conditions (hereinafter referred to as "GTC“) shall apply to all purchases of goods via the online shop of TIMEMATE. Any agreement deviating from the GTC shall only prevail if agreed individually between TIMEMATE and the customer.
"Consumers" in the sense of these GTC is any individual person concluding the agreement with TIMEMATE for purposes which mainly are not assigned to business or self-employed professional activity. "Entrepreneurs" in the sense of these GTC mean any individual company or partnership vested with legal capacity who enters into the relevant contract in the conduct of its business or its self-employed professional activity.
- 03 - CONCLUSION OF CONTRACT
The customer can choose products from the range of products of TIMEMATE. The chosen products can be added to the shopping cart (“Cart”) by clicking the Button “Add to Cart“. Only after the customer selected the goods and clicked on the button "Pay now” at the end of the ordering process, the customer makes a binding offer for the purchase of the goods. Before placing a binding offer the customer is at any time able to review and change his order.
An automated confirmation of the receipt of the order, which is sent by TIMEMATE by email is not a binding acceptance of the customer’s offer. It only documents that TIMEMATE has received the order. The contract comes into effect with the declaration of acceptance by TIMEMATE. The declaration of acceptance will be sent with a separate email (“order confirmation”). The purchase order comes into effect latest when TIMEMATE sends the customer the ordered articles. No purchase contract exists for articles from one and the same order that are not listed in the delivery.
German language applies for the conclusion of a contract.
- 04 - DELIVERY
Communicated delivery times by TIMEMATE are calculated from the time of the order confirmation, payment in advance provided (exception: purchase on account). The delivery time is 2-4 days if not indicated differently in the online shop.
If the goods chosen by the customer are not available at the time of the order, TIMEMATE will inform the customer immediately in the order confirmation. In case the product is permanently unavailable VOR will not declare acceptance. In this case a contract is not concluded.
If the goods chosen by the customer are temporarily not available TIMEMATE will also inform the customer immediately in the order confirmation. In case of a delay in delivery for more than 2 weeks the customer has the right to withdraw from the contract. In this case also TIMEMATE has a right to withdraw from the contract. In case of withdrawal TIMEMATE will immediately refund any payments already made by the customer. The statutory right to withdraw for consumers remains unaffected.
- 05 - RETENTION OF TITLE
The goods delivered by TIMEMATE remain the property of TIMEMATE until the complete payment of the purchase price.
- 06 - PRICES AND DELIVERY COSTS
The prices indicated in the shop of TIMEMATE include the applicable VAT.
TIMEMATE offers free shipping within the European Union.
The goods will be delivered by postal service, GLS or DHL. If the customer is a consumer, TIMEMATE bears the risk of delivery.
In case of withdrawal the customer bears the direct costs of the return of the goods.
- 07 - PAYMENT
The dispatch of the goods will only be carried out against payment in advance.
The customer may choose from various payment methods in the online-shop of TIMEMATE
- credit card
- direct debit
The obligation of the customer to pay interests does not affect the claim for further delay damages by TIMEMATE.
- 08 - RIGHT OF WITHDRAWAL FOR CONSUMERS
RIGHT OF WITHDRAWAL
Customers who order as consumers, have a statutory right of withdrawal, on which TIMEMATE informs according to statutory rules as follows. Exceptions from the right of withdrawal are set hereinafter. In section MODEL FORM OF WITHDRAWAL you find a model form of withdrawal.
NOTIFICATION OF YOUR RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract within 14 days without indicating any reasons. The withdrawal period will expire after fourteen days from the day you acquire, or a third party other than the carrier and indicated by you acquires physical possession of the goods. To exercise your right of withdrawal you must notify us (PRIMAGENTA GmbH, Hauffgasse 3-5 / Top B4, A-1110 Wien, Tel: +43 1 890 66 62, E-Mail: firstname.lastname@example.org) of your decision to withdraw from this contract by an unequivocal declaration (e.g. a letter sent by mail, fax or e-mail). For this, you may use the attached model withdrawal form, which, however, is not mandatory. In order to observe the withdrawal period it is sufficient that you send the notification concerning your exercise of the right of withdrawal before expiry of the withdrawal period.
CONSEQUENCES OF THE EXERCISE OF THE RIGHT OF WITHDRAWAL
If you withdraw from the present contract, we shall return to you any payments which we received from you, including any payments for shipping costs (except any additional costs which result from the fact that you selected a kind of delivery other than the standard delivery offered by us), immediately and at the latest within fourteen days starting from the day on which the notification concerning your exercise of the right of withdrawal from this contract is received by us. For the return of payment, we use the same means of payment which were used by you for the original transaction, unless explicitly agreed otherwise; under no circumstances, there will be charged any fees to you in connection with the return payment. We can refuse repayment until we receive the returned goods or until you provide proof that you returned the goods, whichever occurs first. You shall return the goods to us (PRIMAGENTA GmbH, Hauffgasse 3-5 / Top B4, A-1110 Wien) immediately and in any case no later than fourteen days from the date on which you notified us on your exercise of the right of withdrawal from the contract. The deadline shall be deemed to be observed if you dispatch the goods before the expiry of the term of fourteen days. You shall bear the direct costs of the return of the goods. You shall bear the costs of a possible loss in value of the goods only if this loss in value is caused by handling of the goods which is not required to examine their condition, characteristics and functioning. TIMEMATE informs you that you may avoid a compensation obligation by treating the product as property of another and refraining from everything which would affect the value of the product until the time for withdrawal expires. We recommend to treat the product the same as you would in a store. The original packaging and all delivered pieces need to be returned completely and undamaged. The box has to be protected by outer packing.
The right of withdrawal is excluded with regards to contracts on the supply of goods, which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is essential or which are undoubtedly tailored for personal needs of the consumer.
Concerning the Model form of withdrawal TIMEMATE informs according to the statutory rules
MODEL FORM OF WITHDRAWAL
In case you want to withdraw from the contract, please fill out this form and return it to:
Hauffgasse 3-5 / Top B4
- 09 - WARRANTY
TIMEMATE is liable for defects of the delivered goods according to the statutory rules. It is set for movable, as good as new things with 24 months by the legislator.
Your TIMEMATE is warranted for a period of 2 years from the original date of purchase and covers mechanical and manufacturing defects. More about this in our guarantee terms.
In case the customer is an entrepreneur, the entrepreneur is obliged to examine the goods immediately upon receipt of the delivery and - if there are any defects - shall notify TIMEMATE on such defects within 14 working days from the date of receipt of the goods. If the customer fails to notify TIMEMATE in due time, the goods are considered approved, unless the defect is a latent defect, i.e. a defect which cannot be discovered by inspection. If a defect appears at a later time, the notification on defects must be made without delay upon discovery of the defect; otherwise, the goods are considered approved also with regard to such defects
The customer has no right to self-remedy. He is therefore not allowed to repair the goods on his own or by a third party without requesting TIMEMATE to remedy the defect. In case of self-remedy the customer`s warranty rights lapse.
- 10 - LIABILITY OF TIMEMATE
Claims of the customer for reimbursement of damages are precluded except for such which result from death, injury to body or health or the breach of major contractual obligations as well as the liability for other damages which base on a willful or grossly negligent breach of duty of TIMEMATE, its legal representative or servant. Major contractual obligations are obligations that are absolutely necessary for the reaching of the goal of the contract.
In case of the breach of major contractual obligations TIMEMATE is only liable for the predictable damage typical for the contract if this was caused simply negligently, unless it concerns claims for compensation of the customer because of death or injury to body or health.
The limitation of the liability in sec. 1 and 2 also applies for legal representatives or servants of TIMEMATE if claims are asserted directly against them.
Mandatory statutory provisions, in particular the Product Liability Act, shall remain unaffected.
- 11 - INFORMATION CONCERNING DATA PROCESSING
Without the consent of the customer TIMEMATE will not utilize data of the customer for the purpose of advertising, market research or opinion research.
- 12 - COPYRIGHT
All photos, logos, texts, reports, scripts displayed on the sites of TIMEMATE, may not be copied or otherwise and used without permission of TIMEMATE. All rights are reserved.
- 13 - FINAL PROVISIONS
Contracts concluded between TIMEMATE and the customer are exclusively subject to the laws of the Republic of Austria. The applicability of the CISG is excluded.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all claims arising from or in connection with the contractual relationship shall be the place of TIMEMATE at its registered office. The same applies for customers without permanent residence in Austria or in case the customer changed his permanent residence after these GTC come into effect or in case the residence or whereabouts is not known by the time of filing a complaint.
In case of any discrepancies between the German and the English version of these GTC, the German version shall prevail.
In a conflict situation fast and cost-saving online mediation is possible over the European Commission Online Dispute Resolution website. According to Art.14 sec.1 Regulation (EU) No. 524/2013 you find the so called “OS platform” at http://ec.europa.eu/consumers/odr/.