Terms of service
General terms and conditions of the online shop
§ 1 CONCLUSION OF CONTRACT - SCOPE
Between the operator of the website www.powerinsole.com, Powerinsole Vertriebs GmbH, FN 457991t, Pfarrhofweg 1a, 5062 Obertrum am See, (hereinafter referred to as"Powerinsole"for short) and the customer (customer) apply to business relationships in connection with the Sales of the products and other movable items sold by Powerinsole, the following general terms and conditions (GTC) in the version valid at the time of the respective conclusion of the contract:The GTC apply to both consumers and companies, unless a differentiation is made in the respective clause . The terms and conditions apply exclusively. Powerinsole does not recognize deviating conditions and hereby contradicts them. If the customer is an entrepreneur with conditions that conflict with or deviate from these terms and conditions, Powerinsole does not recognize these conditions and hereby contradicts them, unless Powerinsole has agreed to their validity in writing.
§ 2 BUSINESS PARTNERS
Contractual partners can be natural persons and legal entities residing in the Republic of Austria or other countries.
§ 3 OFFER - ACCEPTANCE - CONCLUSION OF CONTRACT
The products exhibited in the online shop are not yet an offer. The customer, in turn, submits a contract offer (order). Therefore, only the order submitted electronically (via the Internet), in writing or by telephone is a legally binding offer. The receipt of orders is confirmed immediately, ie regularly on the same working day, electronically and automatically. The confirmation of receipt itself does not constitute acceptance. The order is accepted by e-mail or by sending it. Orders are accepted or rejected within a reasonable and customary processing and reflection time in which the stock level and creditworthiness can be checked. In the case of a credit check, the acceptance period must not be longer than two weeks. In principle, only normal household quantities are sold to end customers. Larger orders can only be placed by individual written agreement.
§ 4 PRICES - METHOD OF PAYMENT - DEFAULT
All prices are in EUR and include the statutory value-added tax, which is indicated on the invoice. Shipping costs are added. The prices of the day of the order apply. The delivery takes place via delivery services of Powerinsole's choice. For deliveries to countries outside the European Union, applicable taxes and customs duties must be borne by the customer. Shipping costs, cash on delivery charges, taxes and duties are non-refundable.
Transport insurance is not taken out. Only prepayment, online banking and credit cards are accepted as payment methods. The customer's account/credit card is debited when the order is accepted. Payment on account is only possible with prior written agreement. If necessary, Powerinsole checks and evaluates the customer's data and, if there is a legitimate reason, maintains a data exchange with a business information service. If a customer is in default of payment, Powerinsole is entitled to demand default interest at a rate of 5% above the base rate pa. If Powerinsole has demonstrably incurred a higher damage caused by default, he is entitled to assert this. The customer is only entitled to offset if his counterclaims have been legally established, have been recognized by Powerinsole or come from the same legal relationship.
§ 5 DELIVERY AND OBLIGATION TO NOTICE
Information on delivery times is non-binding, unless the delivery date was exceptionally binding. If in this case the non-compliance or delay of an agreed delivery period is due to force majeure, industrial action, fire, unforeseen obstacles or other circumstances for which Powerinsole is not responsible, the delivery period will be extended for the duration of these events. Powerinsole is entitled to make partial deliveries if part of the goods ordered is temporarily unavailable. Powerinsole will bear additional shipping costs. If the customer is in default of acceptance, Powerinsole can claim compensation for any damage caused thereby, whereby the customer reserves the right to provide evidence of lower damage. As long as the customer is in arrears with a liability, Powerinsole's obligation to deliver is suspended. Deliveries in Austria and Germany are free of charge. Return costs must be borne by the buyer through implementation of the Consumer Rights Directive.
§ 6 WARRANTY IN THE EVENT OF DEFECTS
Within the framework of the following provisions, Powerinsole guarantees for the duration of the statutory warranty period of two years that deliveries and services are free from defects in the legal warranty sense. The customer has to describe defects in the product as precisely as possible and send the product back. A copy of the purchase invoice/delivery note must be enclosed with the returned goods. The rectification of defects in defective articles is primarily done by exchanging them.
The warranty does not cover defects and damage that are causally related to the fact that the customer has not complied with the regulations on repair, use and conditions of use, unless these circumstances are not the cause of the defect reported. Devices that have not been purchased from Powerinsole will be returned unrepaired and the costs incurred as a result will be charged.
§ 7 LIABILITY FOR DAMAGE
Powerinsole's liability for breaches of contractual obligations as well as liability from tort is limited to intent and gross negligence. Insofar as liability for damage that is not based on injury to life, limb or health of the customer is not excluded for slight negligence, such claims shall become statute-barred within one year, beginning with the occurrence of the claim. As far as the liability for damages towards Powerinsole is excluded or limited, this also applies with regard to the personal liability for damages of the employees, workers, employees, representatives and vicarious agents of Powerinsole. Powerinsole is particularly not liable for non-specific product-related information and tips that are offered free of charge, as well as for hyperlinks that refer to third-party offers.
§ 8 RESERVATION OF AVAILABILITY
Articles that cannot be delivered are shown as such on the Internet or placed offline (not visible). Powerinsole is entitled to withdraw from the contract vis-à-vis the customer if he does not receive the delivery item despite the previous conclusion of a purchase contract. The purchaser will be informed immediately about the failure to deliver to himself and in the event of a withdrawal he will immediately receive any consideration already received. Powerinsole is entitled to withdraw from the contract in the event of non-delivery, incorrect delivery or delayed delivery to entrepreneurs.
§ 9 NOTICE OF WITHDRAWAL
Right of withdrawal
The customer can revoke his contract declaration within two weeks without giving reasons in text form (e.g. letter, fax, email) or by returning the goods. The period begins with receipt of this instruction at the earliest, but not before the delivery of the goods. The timely dispatch of the cancellation or the goods is sufficient to meet the cancellation deadline. The revocation must be sent to:
Phone:+43 664 28 27 788
In order to ensure the fastest possible processing, the customer must enclose a copy of the purchase invoice/delivery note and a detailed description of the error with the return of the goods. An omission has no legal consequences.
Consequences of cancellation
In the event of an effective cancellation, the mutually received services are to be postponed and any benefits (e.g. benefits of use) surrendered. If the goods deteriorate, Powerinsole can demand compensation. This does not apply if the deterioration of the goods is solely due to their inspection - as it would have been possible for the customer in a shop, for example. In addition, the customer can avoid an obligation to pay compensation by not using the goods like an owner and by refraining from anything that affects the value of the goods. The customer has to bear the costs of the return if the goods delivered correspond to the goods ordered and if the price of the goods to be returned does not exceed an amount of EUR 40 or if the customer has not yet received the goods at a higher price at the time of cancellation Has provided consideration or a contractually agreed partial payment. The goods are to be returned to Powerinsole in their original packaging and with all packaging components if possible. If the original packaging no longer exists, suitable packaging must be used to provide adequate protection against transport damage. Only in the case of goods that cannot be shipped as a package (e.g. bulky goods or packages over 20 kg) is the customer entitled to declare the return by means of a return request in text form, e.g. by letter, fax or e-mail.
The right of withdrawal does not apply to contracts
- about products that are manufactured according to customer specifications or are clearly tailored to the personal needs of the customer.
- about products that have already been used. The Powerinsole is seen as a hygiene product and cannot be passed on to other customers after a single use.
§ 10 RETENTION OF TITLE
The delivered goods remain the property of Powerinsole until they have been paid for in full.
§ 11 INVESTIGATION AND REPRESENTATION OBLIGATIONS
If the customer is an entrepreneur, he must inspect the goods within a reasonable period of 5 (five) days after delivery and, if they show a defect, notify Powerinsole immediately. If the customer fails to provide this notification, the goods are considered approved. If a defect becomes apparent later, the notification must be made within a reasonable period of time after discovery.
§ 12 EXPORT
When the goods are exported to customers in areas outside the Republic of Austria, Powerinsole assumes no liability if third-party property rights are infringed by the products supplied. The buyer is obliged to compensate for all damage caused by the export of the goods that were not expressly delivered by Powerinsole for export.
§ 13 VALIDITY OF THE CONTRACT/TRANSFERABILITY
Should one or more provisions of these terms and conditions be ineffective, this does not affect the effectiveness of the remaining provisions. The customer can only transfer rights from this contract with the consent of Powerinsole.
§ 14 APPLICABLE LAW AND JURISDICTION
The law of the Republic of Austria applies. The validity of the international uniform sales law of the Uncitral Agreement is excluded. The place of jurisdiction for business dealings with entrepreneurs, legal entities under public law or special funds under public law is Salzburg in the Republic of Austria.
§ 15 DECLARATION ON DATA PROTECTION
Powerinsole takes its responsibility for processing personal data very seriously. Powerinsole processes personal data exclusively in compliance with the statutory provisions, in particular the EU General Data Protection Regulation ("DS-GVO"), the Data Protection Act (DSG), and the Telecommunications Act (TKG). All necessary information about the processing of the data and your rights are listed in the data protection declaration, which can be viewed at any time at www.powerinsole.com or which can be sent on request.
In order to process the business relationship, Powerinsole stores personal data electronically and for this purpose only passes it on to third parties (e.g. post office, legal adviser from Powerinsole). The customer is entitled to prohibit the transfer of the data at any time. Powerinsole saves the order data and sends it to the customer by email together with these terms and conditions. The terms and conditions can be viewed at any time via www.powerinsole.com. If the customer has created an account with Powerinsole, the order data can be viewed in the customer login area. However, if the purchaser has chosen “Shop without logging in”, the order data cannot be accessed via the Internet. Cookies or active content are obtained from the www.powerinsole.com website.