As at: 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 concluded contractual relationships 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 current version. This Terms and Conditions contrary or divergent Terms and Conditions find no application.

 

1. Important Information

 

The products offered in the online shop are presented in the form of digital photography and described by descriptive text. The photographs shown in the online shop are purely illustrative.
It is noted that the products offered in the online shop may no longer be available at the time of ordering. As soon as the customer adds the item to their wishlist in the online shop, the customer will be informed of its availability via email.
A consumer, for the purposes of the following provisions, is any natural person who enters into a legal transaction for purposes that cannot be predominantly attributed to their commercial or independent professional activity. A businessperson is any natural or legal person or partnership with legal capacity who acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.

 

2. Conclusion of Contract

 

The subject of the contract is the sale of goods.
The product presentations in the online shop do not constitute a legally binding offer, but rather a non-binding online catalogue.
When an item is listed in the online shop, the activation of the product page constitutes a binding offer to conclude a purchase contract under the terms contained on the product page.
By sending the order by clicking the „order with payment“ button, you are placing a binding order for the products contained in your shopping basket at that time. You will remain bound to this order for 5 working days – irrespective of your statutory right of withdrawal as a consumer (as per point 6).
Upon submission of your order, you will receive an automated email confirming receipt of your order. This confirmation does not constitute acceptance of the order, but serves only for your information.
The online shop operator is free to withdraw the offer within the period of 5
to accept or reject working days. With the transmission of the shipping confirmation, the offer is considered accepted. If the offer is rejected, you will be informed by e-mail. If the purchase price has already been paid, a refund will be issued immediately.
If any data (delivery address, billing address, email address, etc.) changes, you must inform the operator in good time. If you fail to notify us of any data change or do not notify us in good time, delivery will continue to be at your own risk to the previously known details. Any notifications will continue to be sent to the known address.

 

purchase price

 

The prices stated in the online shop apply. The prices stated in the online shop are in Euro and including the value added tax applicable in Austria and any duties, but excluding shipping costs (delivery charges, potential customs duties, etc.).
Shipping charges and similar delivery-specific costs depend on the individual product and delivery address, therefore these should be found in the detailed information on the online shop. The total costs will be shown to you before you submit your order.
Offers are subject to change without notice. There is no entitlement to the continuation of
Special offers.
Where possible, the final price, which includes the product price plus VAT and any duties, as well as any shipping costs incurred, will be displayed in the online shop immediately before the order is submitted.
Unless otherwise stated for the individual payment methods, the
Payment claims from the concluded contract are immediately due for payment.
You can choose from the payment methods suggested during the ordering process and under the conditions stated there.

 

4. Delivery & Shipping

 

As a general rule, ordered products will be dispatched or made available within 3 working days of receipt of the full purchase price or – whichever is later – from the conclusion of the contract. If a product cannot be dispatched or made available within this period, for example because it is not in stock, you will be informed of this before the contract is concluded. Delivery will then take place within the transport time specified in the online shop.
Disponibility of the product
Collection from the pick-up address provided during the order process.
Once the product has been shipped or made available, you will receive an e-mail confirmation of dispatch or availability. This confirmation will reiterate the estimated delivery time.
Should unforeseeable and unavoidable delivery delays occur,
You were informed by email with the anticipated delivery date.
In the event of exercising the contractual right of withdrawal (pursuant to clause 6
right of withdrawal) you bear the immediate costs and the risk of
Return at your own expense.
For questions about the countries supplied, you can contact the operator at any time by telephone or in writing.
We reserve the right to charge you for any costs incurred in the event of a return due to non-delivery for products that are not collected or accepted. Non-collection and refusal to accept shall not be deemed a withdrawal from the contract, but shall entitle 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 known to you.
As far as they are consumers, it is legally regulated that the risk of accidental loss of and accidental deterioration of the sold item during dispatch only passes to you upon handover of the goods, regardless of whether the dispatch was insured or not.
If you are a business owner, delivery and dispatch are at your own risk.

 

Reservation of title

 

If you have not paid the full purchase price before taking possession of the product, the product shall remain the property of the seller until the full purchase price has been paid.
You may only exercise a right of retention in so far as the claims arise from the same contractual relationship.

 

6. Returns & Right of Withdrawal

 

The following statutory right of withdrawal applies to customers who order from the online shop as consumers (within the meaning of Section 1 of the Austrian Consumer Protection Act (KSchG)). This information provides the consumer with the legally required advice on the conditions, deadlines, and procedure for exercising the right of withdrawal.
These customers have the right to, within 14 days, without stating reasons, this
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 these 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 an unambiguous statement (e.g. a letter sent by post, fax or e-mail) informing us of your decision to withdraw from this contract.
To comply with the cancellation period, it is sufficient that you send the notification of the
Exercise the right of withdrawal before the expiry of the withdrawal period.
The legislative text of the relevant legal norm (distance and off-premises contracts – Fagg) and a model withdrawal form can be obtained online at the following address:
https://www.ris.bka.gv.at/GeltendeFassung.wxe? Query=Federal laws&Law number=20008847.

If you wish to cancel the contract, please fill out this form and return it.

 

Sample Cancellation Form

 

– The [name, address and, if applicable, fax number and e-mail address of the contractor to be inserted by the contractor]:

 

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

 

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

 

– Ordered on (Received on)

 

– Consumer's name

 

– Consumer's address

 

– Consumer’s signature (for paper submissions only)

 

Date

 

If the contract is cancelled, the operator must repay all payments received from the customer, including delivery costs (with the exception of any additional costs incurred by the customer choosing a type of delivery other than the cheapest standard delivery offered by the operator), without delay and at the latest within 14 days of the day on which the notification of the
remittance of this contract has been received. For this reimbursement, the customer's known account, used during the original transaction, will be used unless expressly agreed otherwise. In no case will fees be charged for this reimbursement. If the recipient indicated in the order does not match the holder of the credit card provided, the purchase price will be reimbursed in favour of the party that made the original payment.
Repayment can be refused until the operator has received the goods back in perfect condition.
The customer must return or hand over the goods to the operator immediately and in any event within fourteen days at the latest from the day on which they inform the operator of their withdrawal from this contract. The period shall be deemed to have been observed if the customer dispatches the goods before the expiry of the fourteen-day period.
The costs and the risk of returning the product are to be borne by the customer.
The customer shall be liable for any loss in value of the product if this loss in value is due to handling of the product that was not necessary for testing its condition, characteristics and functionality.
The right of withdrawal can be excluded by separate information. This can be the case in particular, but not exclusively, when the ordered products are,

 

• Products that have been custom-made to the customer's specification or are clearly tailored to personal needs,

• goods that can spoil quickly or would quickly exceed their expiry date,

• Products that are supplied sealed and are not suitable for return for reasons of health protection or hygiene, provided that the seal has been removed after delivery,

• Sound or video recordings or computer software supplied in a sealed package, where the seal has been broken after delivery,

• Newspapers, magazines or illustrated journals, with the exception of subscription contracts for the delivery of such publications, or

• the supply of digital content not supplied on a tangible medium.

Unless the statutory right of withdrawal is excluded, the customer is free to withdraw from the contract only with regard to individual, specific products that were ordered or delivered together. In such a case, the contract will remain in force for the other products.
If not all conditions for exercising the right of return are met, you will be notified of this immediately.

 

7. Warranty & Damages

 

In the event of legal or material defects, the customer's rights and claims shall be governed by the mandatory statutory warranty and damage provisions in Austria, provided that in these Terms and Conditions unless otherwise specified.
Under the legal warranty (Sections 922 ff ABGBThis is a strict liability for defects which can generally be claimed up to 2 years after the product has been handed over. The condition of the product is determined by the product description in the online shop, the respective manufacturer's details and instructions, which are supplied with the product.
The photographs shown in the online shop are for illustrative purposes only. However, any discrepancies between the appearance of the goods in the illustrative photograph and the goods delivered do not constitute grounds for 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 shall be limited in amount to the foreseeable, typically occurring damage.
Data transfer over the internet can be subject to certain disruptions. Therefore, no liability is accepted for the online shop being constantly or uninterruptedly available. If there are links to external websites on the online shop, no liability is accepted for these. The operator is not responsible for the content of external websites. The accuracy of the information contained on an external website is not guaranteed and no liability is accepted for this.
The statutory right of withdrawal and rights from any separately agreed guarantee declarations remain unaffected by these provisions.

 

8. Copyright & Trademarks

 

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

 

9. Miscellaneous

 

The data protection provisions apply, which can be accessed at any time in their 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 understood the data protection declaration.
Austrian law shall apply exclusively to any disputes between the contracting parties, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG – UN Sales Law).
The contract language is German.
As regards consumers, the statutory place of jurisdiction is decisive.
Headlines in these Terms and Conditions are for guidance only and do not interpret, limit or restrict the respective provisions.
All agreements, subsequent amendments to agreements, addenda, side agreements, etc., shall require written form for their validity.
In the event that one or more provisions of these Terms and Conditions are or become entirely or partially invalid or lose their validity at a later date, the validity of the remaining provisions of this Terms and Conditions untouched.
You confirm the entire contents of the Terms and Conditionshave received, read and understood the terms and conditions, the privacy policy as well as all contractual documents, in particular the purchase and delivery agreement.

 

10. Contact

 

Mrs. Adrienne Tomkinson
ImPuls Method

 

Madleinweg 6/2
6065 Thaur
Austria

 

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