TERMS AND CONDITIONS OF SALE
IMPORTANT: Please read the wording of this Agreement carefully as it contains the terms and conditions ("the Conditions") upon which K. Batliner EU trading Batliner ("Batliner") of Schonbrunner Str. 105, 1050 Vienna, Austria ("Us"/"We"/"Our") contracts with You as a consumer NOT dealing in the course of a business ("You"/"Your"/"Yourself") for the sale or the supply of goods and services ("Goods") in accordance with the Conditions. All orders are accepted by Us and are subject to the following Conditions:
1 ORDER
1.1 You may make an order via Our website.
1.2 All orders which are accepted by Us shall be subject to these
Conditions and no contract shall be deemed to be in place until We have
accepted Your order. An order is not accepted until Your
credit/charge/debit card is processed. Your card will not be processed
until We have verified that Your order can be fulfilled from stock
(except for custom fit orders, which are debited when We place the order
with the manufacturer). Any e-mail, on-screen receipt or other
acknowledgement of Your order is merely to report that Your request has
been received and does not in any way denote acceptance of Your order
regardless of any wording on the e-mail or the receipt. We reserve the
right, at any time prior to acceptance, to refuse any order or any part
of an order, or to require further or better information to enable Us to
evaluate and/or process the order. If You wish to cancel Your order or
return Goods please see Our cancellation and returns terms below.
1.3 You will be advised if an item is out of stock. You may be offered
an alternative product if one is available or You may cancel Your
order.
2 PAYMENT AND PRICES
2.1 All prices are quoted in Euro and do not include cost of delivery and packaging.
2.2 Payment shall be made at the time that the order is placed.
Payment may be made through Paypal or by major credit card accepted by
Paypal. Goods will not be despatched until We are in receipt of cleared
funds.
2.3 Prices quoted are inclusive of VAT and are current at the time of
publishing. While every endeavour will be made to maintain them at their
present low level We reserve the right to effect changes without prior
notice. If ordering outside of Europe we reserve the right to charge
more for large or bulkier orders. You will be contacted prior to order
acceptance to agree these additional costs. Prices will be as confirmed
by Us when Your Order is confirmed.
2.4 We reserve the right at any time to correct clerical omissions and errors without any liability on Our part.
3 OWNERSHIP OF THE GOODS
3.1 Ownership of the Goods delivered or to be delivered by Us will
only be transferred to You when the Goods have been delivered to You and
We have received cash or cleared funds in full payment of all sums
owing to Us in respect of the Goods and in respect of any other
agreements between You or Us.
4 DELIVERY
4.1 For European mainland delivery will normally be made within 5-12
business days after the order is accepted Monday to Friday and We will
normally dispatch Goods by first class post or courier to any area
separated by water from the mainland.
4.2 Freight and insurance for deliveries outside mainland Europe
(excluding any area separated by water from the mainland) is of
different tariff. Please see in the section "Shipping" revised from time
to time on Our website. If the Goods are subject to import duties
and/or taxes for overseas orders, these costs will be solely borne by
You.
4.3 Time for delivery shall not be of the essence. We shall use
reasonable endeavours to deliver by the date specified but We shall be
under no liability whatsoever for delay in delivery or the consequence
thereof however caused or non-delivery of Goods. We will take reasonable
steps to notify You within 14 days of order confirmation if Goods will
not be shipped as ordered.
4.4 When Goods are delivered to You, You should carefully check the
documentation to ensure that the number and contents of the packages due
to be delivered corresponds to the number and contents of packages
received.
4.5 If You believe that there are shortages in the number of Goods
contained in the packages or if any damage has occurred to the Goods in
transit, You must report these to Us within 2 working days of receipt
of the Goods and this must be confirmed in writing and any damaged Goods
returned to Us. Please see our return terms below.
5 RETURNS
5.1 Provided You are a private consumer You may cancel your order under respective laws of the European Union regarding return policies, unless the ordered goods are discounted and are not clearly different from the images of the product on our website showing the respective goods. Sample Sale items are product samples that are individual pieces and can therefore not be returned. This Condition extends your statutory rights of cancellation.
You must notify Us either by e-mail to [email protected],
[email protected] or by telephone on telephone number (Int: +43 123
690 57) if you wish to return Goods within 3 working days after receipt of the goods. Return shipping costs will only be
refunded where We have sent faulty Goods in error. The provisions of
this Condition 5.1 shall not apply in respect of any Goods which are:
5.1.1 that you the customer or anyone related have used the product or tested it in any way that it does not conform to the standard of a unused product with the consequences of unacceptance from the side of the next person interested to buy such a returned product.
5.1.2 sealed audio or video recordings or computer software where sealing has been removed;
5.1.3 Goods which have been supplied according to Your particular specification or which are personalised.
5.2 Goods described above at 5.1.1 to 5.1.4 cannot be returned unless:
5.2.1 there has been a delivery error;
5.2.2 such products are returned in response to a product or batch recall; or
5.2.3 such products are damaged or faulty;
5.3 Goods which are returned to Us must be accompanied by a copy of
Your delivery note or a covering letter stating Your name, address and
order number and reason for return.
5.4 Any returned item lost, damaged or defaced in transit to Us will
not be credited. If You have not received an acknowledgement or credit
note from Us within 10 days You should notify Us.
5.5 Any returned items must be returned at your own cost and must be
packed in its original packaging and suitably labelled addressed to BATLINER E.U., Katherine Batliner, Schönbrunner Str. 105/3/56, 1050 Vienna, Austria, by registered parcel to the recipient K. Batliner by courier or postal service . Goods must be returned in the same
condition that they were in when despatched to you. We recommend that You use a reputable courier or
Recorded Delivery. Please retain any proof of posting, receipt or
tracking number for any item returned as We cannot accept responsibility
for Goods until signed for by Us.
5.6 Unless expressly authorised by Us in writing, any Goods can only
be returned for credit if unused (subject to Condition 8.2), complete
and in the original packaging. Please note: If You return Goods (which
are not faulty) for exchange We will charge You for shipping the new
Goods back to You.
5.7 Subject to Your statutory rights of cancellation and Our extended
cancellation terms as set out at Condition 5.1, an order can only be
cancelled at Our discretion. On no account can cancellation be accepted
for items sourced specially by Us on Your behalf which is not advertised
on Our website.
5.8.
6 FAULTY GOODS
6.1 All Goods come with guarantee on raw materials and manufacturing
error, due to consideration of the degree of intensity of use of the
product by the vendee and the composition of natural material the final
decision of the term is at the sole discretion of the vendor. Without
liability, it is our ideology to give at least a 2 years guarantee on
our products.
6.2 In relation to faulty Goods:
6.2.1 For purchases under 30 days old (from date of despatch by Us),
We will exchange the item at Our expense. Please e-mail
[email protected] or [email protected] for details.
6.2.2 For purchases over 30 days old (from date of despatch by Us) and
less than 12 months please send back the item. We will contact the
relevant manufacturer who will inspect the item and at their discretion,
they will either repair, replace or return the item to You (We will
return the item if We feel there is no manufacturing fault). If the
manufacturer determines the items is faulty, then We will reimburse
reasonable costs that were incurred when the item was returned (upon
production of valid receipts).
6.2.3 We accept no responsibility for Goods not received or damaged in transit.
7 GOODS ADVERTISED
7.1 While every effort has been made to portray items accurately on
Our website and other advertising materials, slight variations may
occur.
7.2 All measurements quoted are approximate and the reproduction of
colours is as accurate as photographic and publishing processes will
reasonably allow.
7.3 Please note there may be variations in colours dependant on the calibration and settings of individual screens/prints.
8 LIMITATION OF LIABILITY
8.1 Subject to Conditions 8.3 and 8.4 below and save as otherwise
expressly provided in these Conditions, all warranties, Conditions or
other terms whether express or implied by statute or common law or
otherwise are excluded or limited to the fullest extent permitted by
law.
8.2 Subject to Conditions 8.3 and 8.4 and to the full extent permitted
by law We exclude all liability for any loss, damage or expense
howsoever suffered or incurred by You as the direct or indirect result
of the Goods either not being of satisfactory or merchantable quality,
or fit for any purpose, or conforming to any description and You hereby
irrevocably waive all rights and/or remedies (if any) which You may have
or have had in respect of such loss, damage or expense and/or in
respect of any breach or default of any warranty implied by statute,
equity or common law concerning the quality, fitness or description of
the Goods. We shall not be liable for incidental or consequential
damages for any breach hereof.
8.3 Conditions 8.1 and 8.2 do not apply where You deal as a consumer
to the extent that such exclusions or limitations are not permitted by
law.
8.4 Nothing in these Conditions shall limit Our liability in respect of death or personal injury caused by Our own negligence.
8.5 Save where expressly provided otherwise in these Conditions,
subject to condition 8.4 Our entire liability under or in connection
with:
8.5.1 any order or the Goods shall not exceed the price of the Goods.
9 MISCELLANEOUS
9.1 If any provision of this Agreement is held by any competent
authority to be invalid or unenforceable in whole or part the validity
of the other provisions of this Agreement and the remainder of the
provision in question shall not be affected.
9.2 We shall not be liable to You for any delay or failure to perform
any of Our obligations hereunder which is due to causes or circumstances
beyond Our reasonable control, including (without limitation) acts of
civil or military authority, national emergencies, fire or flood,
strikes, lock-outs and other industrial disputes, acts of God, war or
riots, actions or omissions of third parties.
9.3 This Agreement including the order is the complete and exclusive
statement of the contractual relationship between the parties, which
supersedes all prior proposals, understandings, agreements, or
representations between the parties relating to this Agreement except in
respect of any fraudulent misrepresentation made by either party.
9.4 No delay, neglect or forbearance on Our part in enforcing its
rights against You shall be construed as a waiver or in any way
prejudice any of Our rights hereunder.
9.5 Except for Our affiliates, directors, employees or
representatives, a person who is not a party to this Agreement has no
right under the Contracts (Rights of Third Parties) Act 1999 to enforce
any term of this Agreement but this does not affect any right or remedy
of a third party that exists or is available apart from that Act.
9.6 This Agreement shall be governed by and construed in accordance
with the laws of Austria whose courts shall have non-exclusive
jurisdiction in connection with any dispute arising out of or in
connection with it and to which jurisdiction You irrevocably submit.
IDENTITY OF THE VENDOR
K. Batliner E.U. - BATLINER
Schoenbrunnerstr. 105/3/56
1050 Vienna - Austria
[email protected]
tel. +43 123 690 57
VAT Identification Number: ATU66329378