Terms and Conditions
Terms and Conditions
as of 01/2013
§ 1 SCOPE OF VALIDITY
- The following terms and conditions apply for any business relationship between the customer and onethirtytwo, regardless of used means of communication.
- The customer acknowledges the exclusive validity of onethirtytwo’s Terms and Conditions for the entire business relationship. Onethirtytwo does not accept deviating conditions, unless the board of onethirtytwo explicitly agreed in writing. If the customer enters a business relationship with onethirtytwo by using this website, s/he accepts the Terms and Conditions as the basis for the entire business relationship between the customer and onethirtytwo.
§ 2 CONCLUSION OF AGREEMENT
- The presentation of products in this online shop is not a legally binding offer but an online-catalog without obligations. By clicking the " Buy Now " or " order subject to fee " you submit a binding offer of five days for the goods in the shopping cart. Your order will be immediately acknowledged via automated email. This email is not an order confirmation or order acceptance. Acceptance of your order will take place when onethirtytwo emails you that we confirm your order or that your goods have been dispatched.
- You may complete the purchase contract in English or German. Orders and business may also be conducted in either English or German.
- The customer shall be informed immediately in case onethirtytwo cannot accept the customer’s offer or certain goods ordered are not available any more.
- Onethirtytwo is entitled to withdraw from the contract in case of errata, typos or miscounts on the website.
- All offers are valid while supplies last. In case onethirtytwo’s supplier does not deliver onethirtytwo with the ordered goods despite the contractual obligation, onethirtytwo is also entitled to withdraw from the contract. The customer shall be informed immediately that the ordered good is not available. The already paid price of purchase will be refunded within 14 business days (Saturday does not count as a business day) or offset on other goods on request.
- All business operations are being done at our head office location.
CANCELLATION / RETURN POLICY (ONLY FOR CUSTOMERS IN GERMANY)
You can cancel your contractual statement in writing (eg letter, fax, email) within 14 days without giving reasons, or by returning the goods before expiry of the deadline. The deadline commences after receipt of this instruction in text form, however not before receipt of the goods by the recipient (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before completion of our obligations to inform according Article 246 § 2 in connection with § 1 clause 1 and 2 EGBGB as well as our duties according to § 312g clause 1 phrase 1 BGB in conjunction with article 246 § 3 EGBGB. Mailing the revocation or good in time is sufficient to preserve revocation rights.
CANCELLATION / RETURN POLICY (ONLY FOR CUSTOMERS OUTSIDE GERMANY)
For customers outside Germany, the revocation regulations relevant for the correspondent countries apply.
- a 7 work days cooling off period applies to consumers based in Austria, Bulgaria, France, Ireland, Lithuania, Luxembourg, Netherlands, Slovakia, Spain and the United Kingdom.
- 8 work days: Hungary
- 10 work days: Poland
- 10 work days: Greece, Italy and Romania
- 14 work days: Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, Portugal, Sweden, Latvia, Switzerland
- 15 work days: Malta and Slovenia.
The return shipping for customers outside Austria and Germany is always on customer’s expense.
THE REVOKE IS TO BE SENT TO:
onethirtytwo - divewear
GOODS MUST BE SENT TO:
onethirtytwo - Versandlager
c/o AXENDA PROMOTION GMBH
In the event of a valid revocation of this agreement, any benefits (e.g. interest) or merits received and emoluments taken are to be returned to the respective other party. If you are not able to fully or partially return the received merits or benefits, or if you can only return them in deteriorated state, you must compensate onethirtytwo for lost value. For deterioration and derived benefits, you must pay compensation only if the usage or deterioration is due to an issue with the matter that is beyond testing properties and functionality.
"Testing properties and functioning" refers to the testing and trying out of goods the way it is customary in retail stores.
Transportable items are to be returned at our risk. If the respective order’s value is less than 40 euros, the customer has to bear all return costs. Otherwise the return is free of charge for the customer. Non-transportable items will be picked up at the customer’s address. Obligations for reimbursement of payments must be fulfilled within 30 days. The deadline commences for the customer with the despatch of the cancellation request or the goods in question, for onethirtytwo it commences with the receipt of the same.
The right to cancel does not apply to deliveries of goods produced according to customer specifications or clearly tailored to personal needs; neither does it apply to deliveries of audio or video recordings or software if the delivered data carriers have been unsealed by the customer. The right to cancel also does not apply to the delivery of newspapers, periodicals and magazines unless the customer had made their contractual statement via phone.
§ 3 DELIVERY
- Unless otherwise agreed, deliveries shall be made to the address specified by the customer.
- Goods are delivered by Standard ( DPD) , Austrian Post, German Post / DHL, DHL Express, or COD (cash on delivery). Onethirtytwo charges the actual incurring costs. The ordering system automatically calculates the weight of the shipping costs, this can be reviewed before completion of the order process and will again be displayed on the electronic order confirmation.
- The customer shall bear any costs for unsuccessful delivery if a delivery is impossible because the customer is not at the denoted delivery address, albeit the time of delivery had been given to the customer in good time, or because the delivery address provided is incorrect.
- Onethirtytwo is not responsible for delivery and performance delays due to force majeure. Force majeure allows onethirtytwo to postpone deliveries for the duration of the hindrance plus a reasonable restart time, or to partly or wholly withdraw from the unfulfilled part of the contract. Force majeure includes strikes, natural disasters, war , blockade, and import and export embargo and other government interventions, irrespective of whether they occur at onethirtytwo or at a supplier of onethirtytwo.
- Onethirtytwo shall immediately advise the customer before the occurrence of an event of force majeure which will hinder an imminent delivery.
- Delivery is worldwide, with some countries outside Europe requiring special security checks to be made before delivery can occur. This will then be discussed with the customer beforehand.
§ 4 MATURITY AND PAYMENT, DEFAULT
- All of onethirtytwo’s product prices are shown in EUR (Euro) and inclusive of any applicable VAT (value added tax). Prices at the time of order, including VAT, plus any shipping expenses, are valid until revocation.
- onethirtytwo will deduct the VAT for customers from outside the EU if the customer provided a valid UID in his account. The removal of country-specific import and sales tax falls to the customer, not onethirtytwo. Incidental tariffs are paid by the customer. Subsequent credit for VAT deduction will be given for processing fee of € 10,-
- The price of purchase is payable promptly upon placement of the order.
- The customer may pay the price of purchase by credit card, cash in advance and PayPal. COD is also available for some EU countries. In case of COD the applicable shipping charges will be added on without surcharge. Payment by COD can only be utilized if it available online for the respective country. There is therefore no legal claim to this form of payment. onethirtytwo reserves the right to deny COD payments by individuals if previous orders had not been paid and taken delivery of properly. With Paypal Express payments, onethirtytwo collects the email and delivery address stored in Paypal’s database to be able to process the order. At any given time may the customer request onethirtytwo login information to track their order.
- In the event of late or non-payment by the customer, onethirtytwo shall be entitled to charge default interest of 5 percentage points above the rate published by the Austrian National Bank. If onethirtytwo suffers a higher damage caused by default, onethirtytwo is entitled to claim it.
§ 5 SET-OFF, LIEN
The customer only has a right to offset if his counterclaims are legally established or recognized by onethirtytwo. The customer is only authorized to exercise a lien insofar as his counterclaim is based on the same contractual relationship.
§ 6 RETENTION OF TITLE
All our deliveries and services are subject to reservation of proprietary rights. Delivered goods remain property of onethirtytwo until full settlement of all claims against the customer.
§ 7 WARRANTY
- The warranty period of 2 years is subject to legal regulations and commences with at the moment of receipt of goods.
- Claims against onethirtytwo in regards of a manufacturer’s warranty exceeding the right to claim a warranty are, to the extent permitted by law, excluded. Claims under a manufacturer’s warranty are only available to the customer if the manufacturer has agreed to the warranty.
- The warranty does not cover normal wear and tear.
- If onethirtytwo deems the defect of the purchased goods worthy, onethirtytwo is entitled to repair or replace the goods at their own discretion. The customer is eligible to step back from the purchase contract or may demand a lowering of the purchase price if onethirtytwo is not willing or unable to have the damaged goods repaired/replaced, or if the repair/replacement is taking longer than the adequate time limit due to reasons caused by onethirtytwo, or if the repairs/replacement fail for any other reason.
- The customer can return a good to the specified address of contact if a warranty claim occurs with a good purchased in the online shop. If it turns out that there was no defect under warranty obligations, the company will charge the customer with the costs incurred.
- Any reimbursement for consequential (caused by defect), property, indirect damage and damage resulting from third party claims against the buyer is excluded unless is it a consumer business.
§ 8 LIABILITY
- Further claims by the customer against onethirtytwo other than the warranty claims regulated in § 7, in particular claims for damages are, to the extent permitted by law, excluded. Onethirtytwo thus ist not liable for damages that did not directly occur on the good to be delivered itself and especially not for lost profits or other financial damages of the customer. As far as the liability is excluded or limited by onethirtytwo, this also applies to personal liability of employees, representatives and vicarious agents.
- The limitation of liability in § 8 paragraph 1 shall not apply if the damage is caused by intent or gross negligence, or upon personal injury. onethirtytwo is not liable for the services offered from their website to be accessible without interruption or that stored data will remain.
- The legal relationship between the Customer and onethirtytwo shall be governed by Austrian Law, with the exception of reference norms of the Austrian International Private Law and with the exception of the UN Sales of Goods Law.
- For customers as defined by Article 5 of the European Convention on the Law Applicable to Contractual Obligations their compulsory national regulations for consumer protection apply unless the relevant Austrian regulations are more favorable to the consumer.
- If the customer has no general place of jurisdiction in Austria, moves his place of residence or usual abode abroad after the establishment of the contract or if his place of residence or usual abode is unknown at the time the case is brought, then Vienna is the exclusive place of jurisdiction for all disputes resulting directly or indirectly from the contractual relationship.
- If the customer has his place of residence or usual abode in Austria or is employed in Austria, then only the competence of the court in the district of the place of residence, the usual place of abode or the place of employment is situated can be accepted for any suit against the customer in accordance with §§88, 89, 93 Para 2 and 104 Para 1 of the Law on Jurisdiction. This is not applicable for legal disputes which have already arisen. In the case of court proceedings resulting from the contract the compulsory regulations in relation to consumer law at the place of residence of the customer are also applicable to the contractual relationship.
- onethirtytwo recognizes the internet ombudsman for out of court settlement:
§ 9 LINKS AND REFERENCES
The links to other sites set by onethirtytwo only provide pointers to those sites; they are therefore being represented by external links in new browser windows. onethirtytwo does not identify with the content of the pages to which references are being made and assumes no liability.
§ 10 INFORMATION OBLIGATIONS
The customer is obliged to provide truthful information when ordering. If any customer data changes, especially name, e-mail address, phone number, postal address, the customer is obliged to immediately inform onethirtytwo by altering the data. If the customer fails to provide this information, or provide false information from the beginning, especially a false e-mail address, onethirtytwo is eligible to withdraw from any already existing contract.
§ 11 OTHER
All information in the catalogue and shop were compiled with the greatest of care. onethirtytwo nonetheless reserves the right to errors and printing mistakes. Details of measurements, shapes, colors, etc. are only approximate and not-binding, as the manufacturers reserve technical and safety- related changes and improvements.
§ 12 FACEBOOK-PLUGINS / SOCIAL MEDIA PLUGINS
Plugins of the social network facebook.com are being used on this website. Facebook.com is operated by Facebook Inc. , 1601 S. California Ave, Palo Alto, CA 94304 , USA (" Facebook"). If you open websites of our internet presence that are equipped with such a plugin, a connection to the Facebook server will be established and the plug-in will be shown through the website on your browser. The Facebook server will automatically receive the information, which of our websites you have visited. If you are logged in as a member of Facebook, Facebook will assign this information to your personal Facebook user account. When using the plug-in functions ( eg clicking the "Like " button, submit a comment), this information is also associated with your Facebook account. This can only be prevented by logging out of Facebook before using the plugin. For more information on the collection and use of data by Facebook about your rights and ways to protect your privacy, please refer to the privacy policies of Facebook.
In addition to the Facebook plugins, social media plugins of Twitter and Pinterest are being used as well. onethirtytwo reserves the right to add other social media plugins to the page subsequently. If these plugins contain connections with possible user accounts, onethirtytwo will ensure to inform about it.
§ 13 APPLICABLE LAW AND JURISDICTION
§ 14 SEVERABILITY CLAUSE
If individual stipulations of the present contract become ineffective or impractical or become ineffective after the establishment of the contract, the validity of the remaining stipulations is unaffected. The ineffective or impractical stipulations are replaced by practical and effective stipulations, the effects of which come closest to the commercial intent which the parties to the contract were pursuing with the ineffective or impractical stipulation. The stipulations contained here also apply in the case of the contract being incomplete.