GENERAL TERMS AND CONDITIONS
1. GENERAL PROVISIONS
1.1. The following terms and conditions shall apply to all agreements, merchandise deliveries and other services provided by Juwelier Wagner Gesellschaft m.b.H. (hereinafter “Juwelier Wagner”) based on an order made in the Juwelier Wagner online shop.
1.2. Terms and conditions that differ from these shall not apply, and Juwelier Wagner hereby rejects such differing terms and conditions. Any collateral agreements shall only become a part of the Agreement if they are confirmed in writing by Juwelier Wagner.
2. REGISTRATION AND DATA PROTECTION
2.1. Valid registration of the Customer is required to place orders in the Juwelier Wagner online shop.
2.2. The Customer hereby provides consent for Juwelier Wagner to automatically process the personal data provided during registration and ordering in the online shop and use it for informational and market research purposes and for advertising its own merchandise by post and electronic channels – including SMS. The Customer can send an email revoking this consent at any time to firstname.lastname@example.org.
2.3. The Customer is obligated, during the period between ordering and delivery, to inform Juwelier Wagner without delay of changes to its email address or other contact information. If such notification is not provided, declarations shall be deemed to have been received if they are sent to the last known address.
2.4. The Customer hereby consents to receive messages within the meaning of § 107 of the Austrian Telecommunications Act (Telekommunikationsgesetz – TKG) that are sent for advertising purposes by Juwelier Wagner itself or by companies contracted by Juwelier Wagner. The Customer can send an email revoking this consent at any time to email@example.com.
3.1. Presentation of products in the online shop does not constitute a legally binding offer, but instead represents a non-binding online catalogue (see, however, section 3.4 below). As a rule, only merchandise that can be delivered may be selected for an order.
3.2. The merchandise selected by the Customer for an order is added to a list (“shopping cart”) that shows individual prices, total price, taxes and shipping costs. When the Customer submits its order, it confirms that the email address it has provided is valid and that the Customer can be reached at this email address.
3.3. The shopping cart is then displayed in the form of an order list. This list provides the Customer the opportunity to make any corrections before accepting the Agreement. By clicking on the “Submit Order” (zahlungspflichtig bestellen) button, the Customer submits a binding offer to purchase the merchandise shown in the order list. After the order is received, confirmation of acceptance of the order is sent to the email address indicated by the Customer, thereby concluding the Agreement.
3.4. Juwelier Wagner reserves the right to not accept an order if an item is not available, if the Customer has unjustifiably failed to pay invoices for previous deliveries, if credit card checks have not completed successfully, or if any other justifiable doubts exist about the creditworthiness of the Customer. Juwelier Wagner shall notify the Customer as soon as possible if it is unable to fill an order.
3.5. Juwelier Wagner stores the data for an order. An electronic printout of the order can be prepared. The option to print the order appears after the Customer has submitted the order to Juwelier Wagner by clicking on the “Submit Order” (zahlungspflichtig bestellen) button and the credit card data has been successfully checked. The Customer also receives an order confirmation with all of the indicated information, including the General Terms and Conditions, information on the right of cancellation and a model cancellation form by email.
4. DELIVERY AND SHIPPING COSTS
4.1. Delivery is made by insured registered letter delivered only to the recipient indicated in the order (i.e. the Customer or a third party designated by the Customer). Delivery is only made in Austria and the other countries indicated in the online shop. Deliveries are made from Monday to Friday. The person making delivery requires a signature when the merchandise is delivered. Delivery is made 2 to 5 days after receipt of the order (or, if payment is made using “Sofortüberweisung.de”, 2 to 5 days after the invoice amount has been credited). If a longer delivery period is needed, Juwelier Wagner shall inform the Customer and indicate the expected time of delivery, which can be up to 60 days. The Customer shall have the option to cancel the order at no charge in such cases.
4.2. Juwelier Wagner pays the shipping costs and insurance for shipping up to the time the recipient provides confirmation of delivery. Any return shipments by the Customer (including withdrawal/cancellation as stipulated in section 6) must be sent in the same manner as the shipment to the Customer; the Customer shall, in particular, also be obligated to send the merchandise by means of an insured letter and to arrange for insurance during shipping equivalent to the insurance arranged for the shipment to the Customer. The Customer shall pay the costs for return shipment of the merchandise. If the Customer returns the merchandise using collect shipment, Juwelier Wagner shall charge the shipping costs to the Customer.
4.3 Ordered merchandise may also be returned to Juwelier Wagner stores upon presentation of the original packaging, certificate and original invoice.
4.4. Juwelier Wagner tries to keep delivery times as short as possible. If a delay in delivery nonetheless occurs, the Customer hereby waives its right to assert any claims for damages due to the delay.
5.1. The merchandise may be paid for using “Sofortüberweisung.de”, Mastercard and Visa credit cards, and Maestro debit cards. The payment transaction is concluded via an SSL (secure-socket-layer) connection.
5.2. The charge shall be made when the order is concluded. The credit cards indicated in the online shop are accepted. When payment using “Sofortüberweisung.de” is chosen, the merchandise is not delivered until a credit for the invoice amount has been received from the seller's bank.
6.1. If the Customer is a consumer, the provisions of the Austrian Federal Distance and Off-Premises Selling Act (Fern- und Auswärtsgeschäfte-Gesetz – FAGG) apply. Under the provisions of the FAGG, consumers have the right to withdraw from (“cancel”) the Agreement within a period of 14 days without indicating reasons. Detailed information on this right of withdrawal/cancellation and the statutory model cancellation form are available by mouse click and are sent to the Customer by email during the order process together with these General Terms and Conditions. The Customer must pay the costs of returning merchandise following a cancellation in accordance with the FAGG.
6.2. Withdrawal/cancellation based on the provisions above shall not be possible for merchandise that has been produced based on Customer specifications or are unambiguously tailored to the personal requirements of the Customer (see § 18 paragraph 1 no. 3 FAGG). This applies, in particular, to rings with personal engravings.
6.3. In the event of a withdrawal/cancellation, the merchandise must be returned to Juwelier Wagner by insured letter. In the case of a withdrawal/cancellation, Juwelier Wagner will reimburse the purchase price once the merchandise has been received or the Customer has provided proof that the merchandise has been sent by insured letter.
6.4. Under § 15 paragraph 4 FAGG, in the case of a withdrawal/cancellation the Customer is not required to provide compensation for a decrease in value of the merchandise if this decrease in value is the result of a necessary check of the merchandise and its functionality. Necessary checking of this kind corresponds to the test use that would also normally take place in a salesroom. Use of the merchandise for a longer period and/or outside the Customer’s premises at the place of receipt is not permitted.
7. WARRANTY AND INSTRUCTIONS FOR USE
7.1. The statutory warranty provisions apply for consumers, which means that Juwelier Wagner is liable for defects existing at the time of delivery for a period of 2 years after delivery. Warranty claims shall be excluded in the event of improper use or the application of external force.
7.2. Jewellery made from any of the materials offered by Juwelier Wagner naturally shows signs of use, such as scratches and dents caused by contact with hard materials (e.g. glass or hiring), from the first day of use onwards. If jewellery with a matte or satin finish is selected for an order, such a finish will be worn relatively quickly by wearing. This does not, however, constitute a defect.
7.3. The ring size selected by the Customer is specified by the Customer itself. Fingers are subject to influences such as heat, cold, time of day and weight gain or loss, and their size can change as a result. This can lead to inaccuracy during size measurement and must be taken into account when determining ring size.
7.4. The merchandise shown on the website has been digitally photographed. Due to the natural materials used, small differences may occur between the images shown for the items offered and their real appearance; such differences do not constitute defects in the merchandise ordered.
7.5. If items that are delivered show clear material or manufacturing defects, including shipping damage, the Customer must file a complaint with Juwelier Wagner immediately. Failure to provide notification of defects does not, however, have any effect on the Customer’s statutory warranty claims if the Customer is a consumer.
7.6. Due to technical layout reasons, watches and jewellery are not shown in their original size, and due to technical production reasons they may differ in colour from the original. Product images simply provide an example, since every piece of jewellery has unique characteristics due to the high quality materials used. Jewellery with natural stones can vary with respect to colour, nuances and natural inclusions.
7.7. Because of the individual processing of the jewellery, slight variations may arise in the stated carat weight of the articles offered and the actual carat weight. Such variations are not to be regarded as a defect in the goods ordered.
10.1. The stated prices are euro amounts inclusive of value-added tax (VAT) at the statutory rate. In countries which do not belong to the EU, the prices are shown without VAT. Upon request, the price can be converted to and paid in US dollars.
8. ADDITIONAL MANUFACTURER WARRANTIES
In addition to the statutory warranty provided by Juwelier Wagner, some of the products in the product range also offer warranties from the manufacturers concerned. The terms of these warranties can be viewed when a specific product is selected. The warranty terms are also provided in the form of a PDF file when an order is made.
9. GIFT CERTIFICATES
9.1. Gift certificates may also be ordered in the online shop; purchases of gift certificates are not subject to value added tax.
9.2. Juwelier Wagner gift certificates may not be used to pay for purchases in the online shop, but are instead only accepted in Juwelier Wagner stores.
10.1. Prices are indicated in euros, and include statutory value added tax. In other EU countries, prices are shown without value added tax. In individual cases, conversion and payment in dollars is also possible upon request.
10.2. In spite of the great care taken, the possibility of merchandise being shown with incorrect prices cannot be ruled out. During processing of the Customer’s order, Juwelier Wagner checks prices before the order is accepted and before the Customer’s payment is charged. If an article is shown with an incorrect price, and the correct price is higher, Juwelier Wagner will contact the Customer before the order is accepted to ask whether the Customer wants to buy the product for the correct price or cancel the order. If the correct price of a product is lower than the price indicated, the lower amount will be charged without contacting the Customer.
11. EXCLUSION OF LIABILITY
11.1. Any claims for damages shall be excluded in the case of ordinary negligence. In the case of consumer transactions, this does not apply to personal injury or damage to property received for processing.
11.2. Juwelier Wagner assumes no liability for the operation or contents of any other Internet webpages that are accessible by means of links on Juwelier Wagner webpages.
12. RETENTION OF OWNERSHIP
12.1. Juwelier Wagner retains title to all merchandise delivered, which means that the merchandise remains the property of Juwelier Wagner until the purchase price has been paid in full.
12.2. Any assertion of title retention by Juwelier Wagner shall not constitute a withdrawal from the Agreement. If merchandise is taken back, Juwelier Wagner shall have the right to charge shipping and processing fees.
12.3. If third parties take merchandise that is subject to title retention, the Customer shall notify them of Juwelier Wagner’s retention of title to the merchandise.
13. JUWELIER WAGNER’S RIGHT OF WITHDRAWAL
13.1. Juwelier Wagner shall have the right to withdraw from the Agreement if the Customer is in default of payment or default of acceptance or for any other material cause.
13.2. In the case of Customer default of payment, Juwelier Wagner shall be relieved of all other performance obligations and shall have the right to withhold any performance still outstanding and request advance payment or appropriate security.
13.3. If the Customer withdraws from the Agreement without justification, Juwelier Wagner may choose to insist on fulfilment of the Agreement or agree to cancel the Agreement; if it chooses cancellation, then subject to other claims for damages, the Customer shall pay a contractual penalty equal to 10 percent of the gross invoice amount.
14. COOKIES AND DATA PROTECTION
14.1. Juwelier Wagner has taken many factors into account (e.g. fast loading times) to increase the user friendliness of the www.juwelier-wagner.at website. Cookies must therefore be stored in a visitor’s web browser to ensure that the best possible service is provided. Cookies are text files that are stored on a visitor’s hard drive. When online services are used, log files containing the following information are stored: IP address or URL, date and time of the visit, file requested, file size, status code, operating system and browser.
14.2. Juwelier Wagner uses the following cookies:
Technical cookies: This type of cookie is used to ensure that all services function reliably. It is therefore not possible to refuse the use of technical cookies.
Analysis cookies: These cookies provide information on use of the website that allow the information and products offered on the website to be continuously improved for the benefit of visitors.
14.3. This consent may be revoked at any time by changing the browser settings. When the browser settings are changed, cookies will no longer be stored and existing cookies will be deleted. As a result, however, some websites may no longer be shown properly and it may no longer be possible to use some functions.
14.4. When a subscription is made to the newsletter, the email address is used for Juwelier Wagner's own advertising purposes with the Customer's consent until the Customer cancels the subscription to the newsletter. Subscription can be cancelled at any time.
14.5. This website uses Hotjar, an analysis software program from Hotjar Ltd. (“Hotjar”) (http://www.hotjar.com, 3 Lyons Range, 20 Bisazza Street, Sliema SLM 1640, Malta, Europe). With Hotjar it is possible to measure and evaluate user behaviour (mouse clicks, mouse movements, scrolling activity etc.) on our website. The information which is generated by the “tracking code” and “cookie” (including your IP address) concerning your visit to our website is transmitted to the Hotjar server in Ireland and stored there. Hotjar will use this information to evaluate your use of our website, draw up usage reports, and provide other services relating to the use of the website and Internet evaluation of the website. To provide its services Hotjar also uses services of third-party companies, such as Google Analytics and Optimizely. These third-party companies can store information which is sent by your browser during your visit to the website, such as cookies and IP inquiries. For further information about how Google Analytics and Optimizely store and use data, please consult the corresponding privacy policies. By continuing to use this website, you agree to the above processing of the data by Hotjar and its third-party suppliers within the framework of their privacy policies. You can prevent the collection of data by Hotjar by clicking on the following link and following the instructions provided there: https://www.hotjar.com/opt-out.
15. FINAL PROVISIONS
15.1. Provided no mandatory statutory provisions exist in this regard, the place of performance shall be the registered office of Juwelier Wagner in Vienna 1. The language of the Agreement shall be German. Austrian domestic jurisdiction shall apply. In the case of consumer transactions, jurisdiction for all disputes arising from and in connection with this Agreement shall lie with the Vienna 1 court having subject-matter jurisdiction.
15.2. Changes and amendments to these Terms and Conditions must be made in written form to be valid. Juwelier Wagner shall only be bound by verbal or written collateral agreements if this is confirmed in writing. If these General Terms and Conditions are breached, Juwelier Wagner reserves the right to exclude the Customer from further use without prior notification.
15.3. This Agreement shall be governed solely by Austrian substantive law, excluding the conflict of laws principles of Austrian private international law and the United Nations Convention on Contracts for the International Sale of Goods. This choice of law clause shall not apply to consumers in the EEA to the extent that it restricts mandatory statutory provisions of the country in which the consumer has its registered or normal residence.
15.4. Juwelier Wagner also reserves the right to change these General Terms and Conditions at any time without providing reasons. Such changes shall not apply to orders that have already been submitted. When an order is submitted, the General Terms and Conditions applicable at that time are deemed accepted.
15.5. If one or more provisions of these General Terms and Conditions are invalid, this shall not result in the Agreement as a whole being invalid.
15.6. The term “Customer” is used without reference to sex, and refers equally to men and women customers.