Terms of service
16.3. The contract language is German.
Version: 20230719
All personal names are always meant to be gender-neutral and serve exclusively for simplified readability.
1. Scope, contracting parties
1.1. For the business relationship between AWK Flagship e.U. (hereinafter “AWK Flagship e.U.” or “Seller”) and the Buyer, the following General Terms and Conditions in their version valid at the time of the order shall apply exclusively.
1.2. The consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that cannot be attributed primarily to his or her commercial or self-employed professional activity (§ 1 KSchG).
1.3. Deviating terms and conditions of the Buyer will not be recognized unless the Seller expressly agrees to their validity. All changes require the written form, this also applies to the departure from the written form requirement. There are no oral side agreements.
1.4. The buyer's contractual partner is AWK Flagship e.U., Salzweg 17, 5081 Anif, Austria, hereinafter always called "Seller".
1.5 Goods within the meaning of these GTC are all goods that can be purchased as part of an online order in one of the online shops.
1.6. These terms and conditions apply to orders in the following online shops:
2. Offers and performance descriptions
2.1. The presentation of the goods does not constitute a legally binding offer, but rather an invitation to place an order. Performance descriptions on the website of the seller do not have the character of an assurance or guarantee with regard to quality and performance etc. Of goods.
2.2. All offers are valid “while stocks last”, unless otherwise noted in the goods. Incidentally, errors are reserved.
3. Order process and conclusion of contract
3.1. The conclusion of the contract takes place by the completion of the ordering process, about which the seller informs the buyer in a subsequent overview.
3.2. The buyer can choose goods from the seller's range without obligation and order them in one of the online stores. With the order-by clicking the button "Buy now"-the buyer makes a binding purchase offer.
3.3. The seller then sends the buyer an automatic acknowledgement of receipt by e-mail, in which the buyer's order is listed again and which the buyer can print out using the “Print” function (order confirmation). The automatic acknowledgement of receipt merely documents that the buyer's order has been received by the seller and does not constitute acceptance of the order. The purchase contract is only concluded if the seller has sent the ordered goods to the buyer within 14 days, handed them over or confirmed the shipment to the buyer within 2 days with a second e-mail, express order confirmation or sending the invoice.
3.4. Only persons of legal age are allowed to order. The delivery of goods is carried out only in normal household quantities.
4. Electronic communication
4.1. Electronic communication is understood to mean communications to the seller by means of the use of computers or mobile devices.
4.2. To do this, the buyer can reach the seller using the following means of communication: contact form on the website, by email, as well as via the messenger services WhatsApp, Telegram, Facebook Messenger and Instagram.
4.3. For communication via messenger services, the seller uses his own mobile phone, on which no customer data is recorded or stored. This terminal device only contains the data that the buyer transmits to the seller for his request.
4.4. The seller never actively contacts the buyer via one of the above-mentioned messenger services.
4.5. Communication via messenger services is carried out on the basis of the explicit consent of the buyer.
5. Prices and shipping costs
5.1. All prices that are stated on the Seller's website are to be understood in EURO including the applicable statutory value added tax.
5.2. In addition to the prices quoted, the seller will charge shipping costs for the delivery. The shipping costs will be clearly communicated to the buyer during the ordering process.
6. Delivery, availability of goods
6.1. We have an order processing time of 1-3 working days. The delivery time depends on the respective country:
Shipping times:
Germany: Up to 10 working days
Austria: Up to 12 working days
France & Netherlands: Up to 12 working days
If the seller accepts this.
6.2. If not all ordered goods are in stock and this is expressly stated in the respective item description, the seller is entitled to partial deliveries at his own expense, insofar as this is reasonable for the buyer. The parts of the order that will be available at a later date will be delivered to the buyer within the delivery time announced on the respective item page. If there are unforeseen delivery delays for part of the goods and not mentioned in the item description, the seller will inform the buyer without delay. In this case, the buyer is free to withdraw from the contract or to agree to one or more partial deliveries.
6.3. If the ordered goods are not available because the seller is not supplied with this goods by his supplier through no fault of his own, the seller can withdraw from the contract.
6.4. Buyers will be informed about delivery times and delivery restrictions (e. g. Restriction of deliveries to certain countries) on a separate information page or within the respective product description.
6.5. The goods are shipped with one of the following shipping service providers: Chrono, Correos, Correos International, Dachser, Deutsche Post, DHL, DHL Freight, GLS, Hermes, Austrian Post, Pallet Delivery, Postal Service, SEUR, TNT, UPS.
6.6. If goods with obvious transport damage are delivered, please report such errors immediately to the deliverer and contact us as soon as possible. Failure to make a complaint or make contact has no consequences for the statutory warranty claims of consumers and only serves to support the provider to make his claims against the company or company commissioned with the delivery of the goods. To claim the insurance company.
7. Payment modalities
7.1. The buyer can choose from the available payment methods during and before the completion of the order process. The following methods of payment are available: credit cards (Maestro, Visa/Mastercard, American Express), payment service providers (Amazon Pay, EPS (only in Austria), Google Pay, Klarna, PayPal, Shop Pay).
7.2. With the payment service provider Klarna, buyers can choose between "instant transfer", "direct debit" and "invoice".
7.2.1. "Immediate transfer": there are no additional fees, an extension of the payment term is not possible.
7.2.2. “Direct Debit”: there are no additional fees, an extension of the payment term is not possible.
7.2.3. "Invoice": there are no additional fees, the specified payment term is 14 days from the shipment of the goods, an extension to 30 days is possible. In the event of failure to pay, dunning fees and default interest (according to § 1333 para. 2 ABGB). An installment payment can be agreed directly with Klarna. Further information on the possible costs is available at the following links:
7.3. Payment must be made in advance without deduction.
7.4. The buyer does not have a right to set off.
8. Retention of title
Until full payment is made, the goods delivered remain the property of the seller.
9. Guarantee
The warranty is two years from receipt of the goods. If there is a significant defect in the goods, which prevents the buyer from the assured use, the buyer may request the exchange of the goods. The seller undertakes to carry out the exchange within a reasonable period. The buyer is obliged to check the goods immediately after the purchase and to write to AWK Flagship e.U. Office@awkflagship.com To display. If the buyer does not use the goods properly or makes changes/modifications to them, there is no right to warranty.
10. Liability
10.1. The following exclusions and limits of liability apply to the seller's liability for damages without prejudice to the other legal requirements for claims.
10.2. The Seller shall be liable without limitation, insofar as the cause of the damage is based on intent or gross negligence.
10.3. Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the violation of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and the buyer regularly relies on compliance with the contract (so-called Cardinal duties). In this case, however, the seller is only liable for the foreseeable, contract-typical damage. Subject to paragraph 9.4, the Seller shall not be liable for the slightly negligent breach of obligations other than those stated in the above-mentioned sentences.
10.4. The above-mentioned limitations of liability do not apply in the case of injury to life, body and health, the nature of the goods and in the case of fraudulently conceited defects. Liability under the Product Liability Act remains unaffected.
10.5. Insofar as the liability of the seller is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
11. Storage Of the text of the contract, contract language
11.1. The text of the contract is stored by the seller for the purpose of processing the contract in digital form and kept for 3 years.
11.2. The text of the contract will also be sent to the buyer by e-mail immediately after the conclusion of the contract, including all the terms of the contract. Here, the buyer can retrieve the contract text as long as the buyer has that email stored in their inbox. If the buyer needs the text of the contract after he has already deleted the e-mail, the buyer can enter the text of the contract within the 3 years from the conclusion of the contract under Office@awkflagship.com Request. The seller will then send the text of the contract to the buyer again.
12. Withdrawal policy
12.1. Only consumers have a statutory right of withdrawal when concluding a distance selling transaction, about which the seller will inform in accordance with the legal provisions. In paragraph 12.2 there is a link to the model revocation form. The exceptions to the right of withdrawal are regulated in section 12.3.
Withdrawal policy
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The withdrawal period is fourteen days from the date on which you or a third party named by you who is not a carrier has taken possession of the goods. Has. In order to exercise your right of withdrawal, you must contact us
AWK Flagship e.U., Salzweg 17, 5081 Anif, Austria, Tel: + 43 6246-93080, Fax: + 43 662-23466-2727, E-Mail: office@awkflagship.com
by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model revocation form, but this is not mandatory.
In order to maintain the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before expiry of the withdrawal period.
Consequences of withdrawal
If you revoke this contract, we will have sent you all the payments we have received from you, including the cost of delivery (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheap standard delivery we offer), To repay immediately and at the latest within fourteen days from the date on which we received the notification of your revocation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any event no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to a handling of them that is not necessary to check the nature, characteristics and functioning of the goods.
End of the cancellation policy
12.2. Sample withdrawal form
If you wish to revoke the contract, you can fill out the corresponding form and send it to us. link
12.3. The right of withdrawal does not apply to goods that have been made according to customer specifications or are tailored to the personal needs of the customer, to quickly perishable goods or to those whose expiry date is quickly exceeded, to alcoholic beverages, which can only be delivered after 30 days and if their price depends on market fluctuations, in the case of newspapers, Magazines or magazines (excluding subscriptions), in the case of contracts for the supply of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery, in the case of contracts for the supply of sound or video recordings or computer software, which are delivered in a sealed package, Provided that their sealing was removed after delivery.
13. Protection of minors
The delivery and delivery of wine and spirits can only be made to persons over the age of 18. In order to comply with the legal requirements, AWK Flagship e.U. is entitled to hand over goods only after legitimation by an official photo ID. In the event of a justified refusal to hand over, the customer is obliged to compensate for the actual damage incurred (e. g. Costs of delivery).
By placing the order, the customer assures that it or the customer. The recipient of the goods is older than 18 years.
14. Dispute settlement
Online dispute resolution in accordance with Art. 14 Abs. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which you can use at http://ec.europa.eu/consumers/odr / Find .
The seller is not prepared to participate in a dispute resolution procedure at a consumer arbitration board.
15. Copyrights
All contents of all online shops of the seller are protected by copyright. All texts, images, graphics, sound, video and animation files are subject to copyright, trademark law and other intellectual property protection laws. A copy or other use for purposes other than private purposes or for transmission, other publication, reproduction and distribution, whether in original or modified form and in any medium, or such use on other websites is prohibited without the prior express written consent of the seller.
16. Jurisdiction, Applicable law, Contractual language
16.1. The law of the Republic of Austria shall apply exclusively to the exclusion of the UN Convention on the International Sale of Goods. The legal regulations on the restriction of the choice of law and the applicability of mandatory regulations, esp. The State in which the buyer has his habitual residence as a consumer shall not be affected.
16.2. The place of jurisdiction and place of performance shall be the registered office of the seller if the buyer is not a consumer.
16.3. The contract language is German.
Version: 20230719
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