As of August 2020

 

Preamble

 

Adrienne Eve Tomkinson operates an online shop at www.impulsmethode.at. These General Terms and Conditions (hereinafter referred to as „GTC“) apply to all contractual relationships concluded between you as the buyer (hereinafter referred to as „Buyer“) and www.impulsmethode.at.
By completing the order process, you acknowledge the Terms and Conditions in the respective current version. This Terms and Conditions contrasting or deviating Terms and Conditions do not apply.

 

1. Important notes

 

The products offered in the online shop are represented in the form of digital photography and described by a tender text. The photos listed in the online shop are exclusively symbolic photos.
Please note that the products offered in the online shop may no longer be available at the time the order is placed. As soon as the customer adds the item to their wish list in the online shop, the customer will be notified by email about its availability.
For the purposes of the following regulations, a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

 

2. Conclusion of the contract

 

The subject matter of the contract is the sale of goods.
The product presentations in the online store do not constitute a legally binding offer, but rather a non-binding online catalog.
When an item is listed in the online store, the publication of the product page constitutes a binding offer to enter into a sales contract under the terms and conditions contained on the product page.
By submitting your order by clicking the „Place Order“ button, you are placing a binding order for the products contained in your shopping cart at that time. You remain bound to this order for 5 business days—regardless of the right of withdrawal that already applies to orders placed by consumers (as specified in Section 6).
After submitting your order, you will receive an automated email confirming receipt of the order. This confirmation does not constitute acceptance of the order; it is provided for your information only.
The online store operator is free to withdraw the offer within 5
You have [number] business days to accept or reject the offer. The offer is considered accepted upon receipt of the shipping confirmation. If the offer is rejected, you will be notified by email. If the purchase price has already been paid, a refund will be issued immediately.
If any of your information (delivery address, billing address, email address, etc.) changes, you must notify the operator in a timely manner. If you fail to notify us of any changes to your information, or fail to do so in a timely manner, shipments will continue to be made at your own risk to the previously provided address. Any notifications will continue to be sent to the previously provided address.

 

3. Purchase Price

 

The prices listed in the online store apply. The prices listed in the online store are in EURO and including the value-added tax applicable in Austria and any applicable duties, but excluding shipping charges (delivery costs, any customs duties, etc.).
Shipping fees and similar delivery-related costs depend on the specific product and delivery address; therefore, please refer to the online store for detailed information. The total cost will be displayed before you submit your order.
Special offers are subject to change without notice. There is no entitlement to the continuation of
Special offers.
As far as possible, the final price, which includes the product price along with sales tax and any applicable fees as well as the incurred shipping costs, is displayed directly before the order is submitted in the online shop.
Unless otherwise specified for each payment method, the
Payment claims arising from the concluded contract are due for payment immediately.
You can choose from the payment methods suggested during the ordering process and under the terms and conditions listed there.

 

4. Delivery & Shipping

 

As a general rule, ordered products are shipped or made available within 3 business days of receipt of the full purchase price or—whichever occurs later—from the conclusion of the contract. If a product cannot be shipped or made available within this time frame—for example, because it is out of stock—you will be notified of this before the contract is concluded. Delivery will then take place within the shipping timeframe specified in the online store.
Equivalent to shipping the products is making the product available for
Pickup at the pickup address provided during the ordering process.
As soon as the product is shipped or made available, you will receive a shipping or availability confirmation via email. This confirmation will again specify the estimated delivery time.
Should unforeseeable and unavoidable delivery delays occur,
You will be informed of this by email, including the expected delivery date.
In the event that the contractual right of withdrawal is exercised (in accordance with Section 6
(Right of Withdrawal) You are responsible for the direct costs as well as the risk of
The customer is responsible for the return shipping costs.
If you have any questions about the countries served, you can contact the operator at any time by phone or in writing.
For products that are not picked up or accepted, we reserve the right to charge you for any costs incurred if the items are returned due to undeliverability. Failure to pick up the product or refusal to accept it does not constitute a withdrawal from the contract; however, it entitles the operator to withdraw from the contract. Any additional expenses incurred due to non-acceptance will be deducted from the purchase price paid. The remaining purchase price will be refunded to the account you have provided.
To the extent that you are a consumer, the law provides that the risk of accidental loss or accidental deterioration of the item sold during shipment does not pass to you until the goods are delivered to you, regardless of whether the shipment was insured or not.
If you are a business owner, delivery and shipping are at your own risk.

 

5. Retention of Title

 

If you have not paid the purchase price in full before taking possession of the product, the product remains the property of the seller until the purchase price has been paid in full.
You may exercise a right of retention only to the extent that the claims arise from the same contractual relationship.

 

6. Returns & Right of Withdrawal

 

The following statutory right of withdrawal applies to customers who place orders through the online store as consumers (as defined in § 1 of the Consumer Protection Act (KSchG)). This information provides the consumer with the legally required notice regarding the conditions, time limits, and procedure for exercising the right of withdrawal.
These customers have the right, within 14 days without giving any reasons, to
to revoke the contract.
The cancellation period is 14 days from the day on which the customer or a third party named by them, who is not the carrier, has taken possession of the product. In the event that several products were ordered as part of a single order but are delivered separately, the period begins on the day on which the customer or a third party named by them, who is not the carrier, takes possession of the last delivered product.
To exercise the right of withdrawal, customers must contact the operator via email at adrienne@impulsmethode.at, or by telephone at +43 676/847131857 by means of a clear statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract.
To meet the cancellation deadline, it is sufficient for you to send the notification of the
Dispatch the exercise of the right of withdrawal before the expiry of the withdrawal period.
The statutory text of the legal provision in question (distance selling and off-premises contracts – FAGG) as well as a model withdrawal form can be obtained on the internet at the following address:
https://www.ris.bka.gv.at/GeltendeFassung.wxe? Query=Federal standards & Law number=20008847.

If you want to cancel the contract, please fill out this form and send it back.

 

Model Withdrawal Form

 

– To [here, the name, address, and, if applicable, the fax number and e-mail address of the entrepreneur are to be inserted by the entrepreneur]:

 

– I/We hereby revoke () by me/us () concluded contract for the

 

Purchase of the following goods ()/the provision of the following service ()

 

– Ordered on (received on)

 

– Name(s) of the consumer(s)

 

– Address of the consumer(s)

 

– Signature of the consumer(s) (only if this form is notified on paper)

 

- Date

 

If the contract is revoked, the operator must promptly refund to the customer all payments received, including delivery costs (with the exception of additional costs resulting from the customer choosing a type of delivery other than the cheapest standard delivery offered), and no later than 14 days from the day on which the notification of the
reception of the revocation of this contract. For this refund, the customer's known account used in the original transaction will be used, unless expressly agreed otherwise. Under no circumstances will fees be charged for this refund. If the recipient specified in the order does not match the holder of the specified credit card, the purchase price will be refunded to the person who made the original payment.
The refund may be withheld until the operator has received the goods back in a defect-free condition.
The customer shall return or hand over the goods to the operator without undue delay and in any event no later than within fourteen days from the day on which the customer informs the operator of the cancellation of this contract. The deadline is met if the customer dispatches the goods before the period of fourteen days has expired.
The customer shall bear the costs and the risk of returning the product.
The customer must bear any loss in value of the product if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties, and functionality.
The right of withdrawal can be excluded through separate information. This can occur in particular, but not exclusively, when the ordered products are,

 

• products that are custom-made to customer specifications or clearly tailored to personal needs,

• products that can spoil quickly or whose expiration date would soon be passed,

• products which are delivered sealed and are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,

• Sound or video recordings or computer software delivered in a sealed pack, if the seal has been removed after delivery,

• newspapers, periodicals, or magazines with the exception of subscription contracts for the delivery of such publications, or

• the delivery of digital content not stored on a physical data carrier.

Unless the statutory right of revocation is excluded, the customer is free to revoke the contract only with respect to specific individual products that were ordered or delivered together. In such a case, the contract shall remain in effect for the other products.
If all conditions for the exercise of the right of return are not met, you will be notified immediately.

 

7. Warranty & Liability

 

In the event of legal or material defects, the rights and claims of the customer shall be determined in accordance with the mandatory statutory warranty and damages provisions of Austria, unless otherwise provided in these Terms and Conditions nothing else has been or is determined.
Under the statutory warranty (§§ 922 et seq. ABGB) this is a strict liability for defects that can generally be claimed up to 2 years after delivery of the product. The condition of the product is determined by the product description in the online shop and by the respective manufacturer's specifications and instructions supplied with the product.
The photos displayed in the online shop are for illustration purposes only. However, deviations in the appearance of the goods between the illustration photo and the delivered goods do not give rise to warranty claims.
Customer claims for damages shall only exist if they are based on intent or gross negligence by the operator; this does not apply to personal injury. In this case, claims for damages are limited in amount to the foreseeable, typically occurring damage.
Data transfer over the internet may be subject to certain disruptions. Therefore, no liability is assumed for the online shop being constantly or uninterruptedly available. If there are links to third-party websites on the online shop, no liability is assumed for them. The operator is not responsible for the content of third-party websites. No guarantee is given for the accuracy of the information contained on a third-party website, and no liability is assumed for it.
The statutory right of withdrawal and rights arising from any separately agreed guarantee declarations remain unaffected by these provisions.

 

8. Copyrights & Trademark Rights

 

All contents of the online shop such as text, graphics, logos, buttons, icons, images, videos, audios, downloads, etc., are the property of the operator and are subject to the provisions of Austrian and international copyright and trademark law. These data may not be used in any form without written consent.

 

9. Miscellaneous

 

The privacy policy applies, which is available at any time in its current version on the website or in the product description of the products in the online shop as well as at (Link). You confirm that you have read and taken note of the privacy policy.
Any disputes between the contracting parties shall be exclusively governed by Austrian law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG – UN Sales Law).
The language of the contract is German.
The statutory jurisdiction applies with respect to consumers.
Headings in these Terms and Conditions are for convenience only and do not interpret, define, or limit the respective provisions.
All agreements, subsequent amendments to the agreements, additions, collateral agreements, etc., must be in writing to be valid.
In the event that one or more provisions of these Terms and Conditions are or become invalid in whole or in part, or lose their validity at a later date, this shall not affect the validity of the remaining provisions of these Terms and Conditions untouched.
You confirm the entire content of Terms and Conditionsto have received, read, and understood it, the privacy policy, and all contractual documents, in particular the purchase and delivery contract.

 

10. Contact

 

Tomkinson Company
ImPuls Method

 

Madleinweg 6/2
6065 Thaur
Austria

 

www.impulsmethode.at
adrienne@impulsmethode.at
Tel: +43 676 847 131857