GENERAL TERMS AND CONDITIONS OF BUSINESS
1. Scope:
The following terms and conditions apply as the basis for all current and future services and deliveries of our company based in Austria.
UMORI
Address, Egart 15/51, 6410 Telfs + Tel +43 676 4831330.-. + Email address: info@umoriofficial.com + UID No. ATU80454606 + GISA No. 36566662
Our offers are aimed exclusively at customers/buyers in EU countries. We also deliver to customers/buyers outside the EU only by separate agreement.
Our terms and conditions can be accessed at any time via our website, both before and after the conclusion of the contract. By completing/submitting your order, you expressly and irrevocably confirm that you have read and accepted our terms and conditions.
2. Orders, Agreements & Offers:
All offers made by our company are always subject to change and non-binding, unless otherwise stated in writing.
The contract is concluded exclusively in writing. When you place your order in the online shop, via email or by telephone/fax, the contract is deemed to be concluded.
After entering your data and clicking the order button, you make a binding offer to conclude a purchase contract. After placing your order, you will receive a confirmation of your order by email.
If offers, orders or instructions are sent to us, the customer/purchaser is bound by them for at least 10 days from receipt of the offer, order or instruction.
Individual agreements on delivery or service agreements, price agreements and deviations from our general terms and conditions must be made in writing and signed by all parties to the contract in order to be valid. The purchaser/customer/contractual partner is liable to us for the accuracy of his personal details (name, delivery address, etc.).
3. Right of withdrawal / cancellation:
The customer/orderer, provided he/she is a "consumer", can withdraw or revoke his/her order within 7 working days (Saturdays are not considered working days) after receipt of the goods. The withdrawal/revocation does not have to contain a reason. It can be made in text form or by returning the goods to us (address as per imprint). A withdrawal/revocation is only possible for unopened and undamaged products in their original packaging.
In any case, the costs of return (postage) are borne by the customer/orderer.
Damaged, opened or used goods will not be accepted and will be returned to the customer/orderer at their expense and risk.
The right of withdrawal/cancellation does not apply – not even in the case of so-called “distance selling contracts” – to the delivery of goods that are manufactured according to customer specifications or are clearly tailored to the personal needs of the customer/purchaser or that, due to their nature, are not suitable for return.
4. Delivery:
We are free to choose the type of shipment and means of transport. All deliveries are made at the customer's/orderer's expense and risk. The customer/orderer must report any transport damage or other damage to us in writing immediately, but no later than the next working day after receipt of the goods. Unless otherwise agreed, delivery will be made to the delivery address provided by the orderer. We would like to point out that all information on the availability, shipping or delivery of a product is only estimated information and approximate guidelines. They do not represent binding or guaranteed shipping or delivery dates, unless this is expressly stated as a binding date in the shipping options for the respective product. If we discover during the processing of your order that the goods/products you have ordered are not available, you will be informed of this separately by email. If we are unable to deliver the goods/products ordered through no fault of our own because our suppliers do not meet their contractual obligations, we are entitled to withdraw from the contract with the customer/orderer. In this case, the customer/orderer will be informed immediately that the ordered product is not available. If delivery to the customer/orderer is not possible because the customer/orderer cannot be found at the delivery address provided by him, even though the delivery time was announced to the customer/orderer with reasonable notice, the customer/orderer will bear the costs for the unsuccessful delivery.
5. Prices / Shipping costs / Retention of title:
Our prices are generally quoted in EURO including Austrian value added tax or sales tax at the rate legally applicable at the time the contract is concluded.
In addition to the purchase price, the shipping costs must still be included and paid by the customer/orderer. The total shipping costs stated include packaging and shipping, but not transport insurance.
The delivery and shipping costs are generally based on the weight of the ordered goods.
The prices of the Austrian Post AG apply.
If the goods are not shipped cash on delivery, the customer/purchaser is obliged to pay the purchase price shown on the invoice immediately after receipt of the goods, free of charge and deductions, into the account stated on the invoice. For new customers, there is a maximum limit up to which purchase on account is possible. However, we expressly reserve the right not to offer or accept certain payment methods in individual cases.
If the customer/purchaser defaults on payment, we are entitled to demand default interest of 5% above the base interest rate announced by the European Central Bank per annum. If we can prove that we have suffered greater damages due to the default, we are entitled to claim these.
For orders over EUR 150.00, payment is only possible in advance, by bank transfer or by credit card.
All goods/products remain our property until full payment has been made. This retention of title clause is expressly acknowledged by the contractual partner.
Claims against us may not be assigned without our express written consent. Complaints do not entitle you to withhold the invoice amount - not even to withhold part of the invoice amount.
For deliveries to countries outside the European Union, additional costs may arise in individual cases for which we are not responsible and which must be borne by the customer/orderer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees,
exchange rate fees) or import duties or taxes (e.g. customs duties).
6. Warranty and Liability:
The mutual warranty and/or compensation claims, in particular the deadlines to be observed in this context, are determined by the relevant Austrian legal provisions. The customer/purchaser can only invoke guarantees that go beyond the warranty if any additional guarantees have been expressly agreed in writing or have been assured by us in writing. The customer/purchaser is obliged, otherwise statutory warranty and/or compensation claims are excluded, to immediately check the goods delivered to him for completeness or scope of delivery, quality, functionality, etc. and to IMMEDIATELY report any "defects" to us in writing. In the event of a justified warranty claim, the customer/purchaser is obliged to give us the opportunity to initially improve or remedy any defect. In order to carry out the measures to remedy the defect, the customer/purchaser must return the goods to us at our request. Damage that is caused or has already occurred due to improper handling and/or storage is expressly excluded from the warranty. If, during a repair attempt, it turns out that there are no defects or that there are others that are not covered by the warranty or even that the information provided by the customer/orderer in this regard was incorrect, we are entitled to charge an appropriate processing fee, but at least an amount of EUR 50.00, without prejudice to our right to demand compensation in excess of this. An obligation to pay compensation under the Product Liability Act (PHG) or product liability claims derived from other provisions for material damage to objects used by companies for business purposes is excluded without exception (Section 2 PHG), as is the case in the case of consequential damage caused by defects. Our liability is generally limited to gross negligence and intent. In any case, we are only liable for foreseeable damage that is typical for the contract. The above limitations of liability do not apply in the event of injury to life, body or health, for a defect after a guarantee has been given for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected towards consumers. We are only liable up to the amount of the company liability insurance we have taken out.
7. Data protection:
7. Data protection:
The customer/ordering party expressly agrees that his/her personal data necessary for the processing and documentation of the purchase or legal transaction will be recorded and processed electronically. Your data and information help us to personalize and continually improve your shopping experience. We use this information and data to process orders and deliver goods. We also use your data and information to communicate with you about orders, products, services and marketing offers, to update our data records and to recommend products or services that may be of interest to you. We also use your data and information to prevent misuse of our website. At your (written) request, all (legal transaction and personal) data will be deleted immediately.
8. Place of performance / jurisdiction:
Austrian substantive law applies to all orders and legal transactions. The place of performance is the registered office of our company in Austria/Tyrol. ——-. The applicability of the UN Convention on Contracts for the International Sale of Goods is expressly excluded. The contractual language is in any case German. Declarations, notifications, etc. addressed to us must be in writing to be legally effective. The court with jurisdiction at the registered office of our company has exclusive local jurisdiction to decide all disputes arising from a legal transaction, unless this agreement is contrary to any provisions to the contrary, for example in connection with the processing of a "consumer transaction" (customer/orderer is a consumer).
9. Other:
Our website may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose, in whole or in part, without our express written consent. You may not use any techniques to embed any of our trademarks, logos or other proprietary information (including images, text, page layout or form) without our express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks or those of our suppliers or contracting partners without our express written consent.
Your data and information help us to personalize and continually improve your shopping experience. We use this information and data to process orders and deliver goods. We also use your data and information to communicate with you about orders, products, services and marketing offers, to update our records and to recommend products or services that may be of interest to you. We also use your data and information to prevent misuse of our website.
Dispute resolution: The European Commission provides an online dispute resolution platform that you as a customer/orderer can access: Insert link
Just for your information – options: (payment transactions)
You have the option of paying by credit card, direct debit or invoice.
We reserve the right to restrict payment options to credit card for orders with a goods value of more than EUR 250 or EUR 100 for purchases on account.
Direct debit is only possible from a German or Austrian account and for deliveries to Germany or Austria.
If you choose direct debit or credit card, we will only charge your account when the items you have ordered are in the shipping process. If items from an order are subsequently delivered, they will of course also only be charged when they are shipped.
The amount will be debited from your account approximately 24 hours after the item has entered the shipping process. The booking will appear approximately 3 days later on your bank statement or on the next monthly statement from your credit card company.
If you have cancelled an item or there has been a short-term delay, no debit has been made yet. Your security is our top priority.
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Information on consumer protection: (Austrian Consumer Protection Act) – if the customer could also be a consumer.
5c. (1) The consumer must have the following information in good time before submitting his contractual declaration:
Name (company) and address of the entrepreneur,
the essential characteristics of the goods or services,
the price of the goods or services including all taxes,
any delivery costs,
the details of payment and delivery or performance,
the existence of a right of withdrawal, except in the cases of § 5f,
the costs for the use of the means of distance communication, unless they are charged at the basic rate,
the period of validity of the offer or price and
the minimum term of the contract if it involves a permanent or recurring service.
(2) The information referred to in paragraph 1 must be provided to the consumer in a clear and comprehensible manner appropriate to the means of distance communication used. Its commercial purpose must be unambiguously apparent.
§ 5e. (1) The consumer may withdraw from a contract concluded at a distance or from a contractual declaration made at a distance until the expiry of the periods specified in paragraphs 2 and 3. It is sufficient if the declaration of withdrawal is sent within the period.
(2) The withdrawal period shall be seven working days, with Saturday not counting as a working day. In the case of contracts for the delivery of goods, it shall begin on the day of their receipt by the consumer, and in the case of contracts for the provision of services, it shall begin on the day of the conclusion of the contract.
(3) If the entrepreneur has not complied with his information obligations under Section 5d paragraphs 1 and 2, the withdrawal period shall be three months from the dates specified in paragraph 2. If the entrepreneur complies with his information obligations within this period, the period specified in paragraph 2 for exercising the right of withdrawal shall begin at the time the information is transmitted by the entrepreneur.
§ 5f. The consumer has no right of withdrawal from contracts for
Services which are to be provided to the consumer within seven working days (Section 5e, Paragraph 2, first sentence) of the conclusion of the contract,
Goods or services whose price depends on the development of rates on the financial markets over which the entrepreneur has no influence,
Goods that are made to customer specifications, that are clearly tailored to personal needs, that are not suitable for return due to their nature, that can spoil quickly or whose expiration date would be exceeded,
Audio or video recordings or software, provided that the delivered goods have been unsealed by the consumer,
Newspapers, periodicals and illustrated magazines with the exception of contracts for periodicals (Section 26, Paragraph 1, Item 1),
betting and lottery services as well as
Home deliveries or leisure services (Section 5c, Paragraph 4, Items 1 and 2).
§ 5g. (1) If the consumer withdraws from the contract in accordance with § 5e,
the entrepreneur shall reimburse the payments made by the consumer and the necessary and useful expenditure incurred by the consumer on the item, and
the consumer must return the services received and pay the trader a reasonable fee for the use, including compensation for any associated reduction in the fair value of the service; the taking of the services into the consumer's custody shall not in itself be regarded as a reduction in value.
(2) The consumer may only be charged with the direct costs of returning the goods, provided that the parties have so agreed.
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RIGHT OF WITHDRAWAL: As a customer/orderer, you have the right to cancel your order without giving any reason within 14 days of the contract being concluded. The payments you have made will be refunded to you within 14 days. e.g. All content that is included in our services or made available by our company (photos, symbols, graphics, texts, etc.) is the property of our company. These works are protected by copyright, trademark law and design protection law. Use, modification, distribution, etc. is expressly prohibited and such unlawful action can lead to injunctions and claims for damages.