(as of 1st November 2013)
For all sales agreements made through dubaruba online store (thus distance selling, i.e. purchases made electronically, by phone, fax or letter) the following Terms and Conditions at the time of purchase will apply. Other conditions are only valid if agreed upon in writing by dubaruba and the customer.
A contract of sale between Adiam Emnay (hereafter referred to as dubaruba or dubaruba online store) and the customer will be made legal by the customer placing an order which dubaruba then accepts. Dubaruba’s offers on the internet via the online store are non-binding. Placing an order through the dubaruba online store is concluding and binding offer by the customer to enter a contract of sale. Dubaruba can agree to this offer by sending an order confirmation. Subject to goods being unsold. Customers under the age of 18 need the consent of a legal guardian.
III. Refusal of an order
The refusal of an order or the inability of service provision will be communicated immediately and any payment will in this case be reimbursed. Statements on delivery time are non-binding, unless a date of delivery has explicitly been confirmed. Should a confirmed date of delivery not be met (e.g. due to technical difficulties), the customer will be informed about the expected new date of delivery by phone or e-mail.
All articles will be shipped immediately upon receipt of the order, if readily available in store and while stocks last. For orders against payment in advance, all articles will be shipped upon receipt of the payment on dubaruba’s bank account.
Deliveries will be made within Austria as well as to all EU-member states and NON-EU states. Shipment will usually take between 5 and 10 working days. References on delivery time are non-binding, unless a written agreement stating otherwise exists.
Articles will be shipped on the customer’s risk and cost, the means of shipment will be chosen by dubaruba. Shipment to NON-EU member states might entail country-specific tariffs and additional cost which will not be covered by dubaruba.
Should an article be out of stock and the delivery time be more than two weeks, we will inform you by e-mail about the expected date of delivery, in case you have informed us of your address.
Delays in delivery, caused by e.g. force majeure, traffic disturbances or instruction of higher authority as well as other occurrences beyond control by dubaruba, no damages can be claimed. If a delay or default in delivery is caused by a sub-supplier, dubaruba cannot be held responsible.
V. Delivery restrictions
dubaruba reserves the right to ship only quantities suitable for an average household. Should an order exceed these quantities, the customer will be contacted by e-mail.
a. For deficiencies in the quality of the product, claims by the customer against dubaruba can be asserted according to the legal provisions.
b. The customer is responsible for inspecting the article upon receipt on any damages or deficiencies and to inform dubaruba immediately after noticing. If the customer fails to do so, the product holds as approved. In case of a justified complaint, the customer is entitled to reimbursement or replacement delivery. All further claims by the customer, especially compensation for damages, are – within the legal boundaries – excepted.
c. Deficiencies of the article caused by faulty or contrary to contract behaviour of the customer, are not subject to reimbursement or replacement claims. Faulty or contrary to contract behaviour is defined as stated by the producer.
d. Warranty will expire in any case of interference, repair or repair trials by the customer or unauthorized third parties.
e. Possible variations of product colors from the colors shown on the website do not count as justified complaint.
VII. Right of withdrawal or change
Our private customers have the right to withdraw from the contract within 14 working days after receiving the article (Saturday not being a working day) and return or exchange the unused, undamaged article in original packing without stating a reason. (According to § 5e Abs. 2 KSchG)
Article need to be returned to:
VIII. Prices and Payment
a. All prices are final and include VAT (currently 20%)
b. Prices do not include cost of packing and shipment. Cost of shipment will be calculated transparently according to the current prices of the Austrian Postal Service (Österreichische Post AG). – (See Delivery and Payment)
c. By updating webpages of the online shop, previous statements on prices or properties and condition of the article become invalid. Errors and omissions excepted.
d. The price stated at the time of placing the order will be applicable for issuing the invoice.
e. Payment can be conducted by all major credit cards (MasterCard and Visa), PayPal or direct debit. Exceptions will only be valid if agreed upon between dubaruba and the customer in writing.
IX. Reservation of title
Products will remain our property until full payment. In case of a delay in payment by the customer, dubaruba is entitled to take back the article. This is not a withdrawal from the contract, unless explicitly stated so.
X. Limitation of Liability
Unless not stated otherwise below, further claims by the customer are excluded, regardless of their legal grounds. Dubaruba is not liable for damages not occurred on the object of delivery, especially not for loss of profit or other financial damages of the customer. As far as contractual liability is excluded or limited, this also holds for personal liability of employees, representatives and vicarious liability. Aforementioned limitation of liability does not hold in case of damages caused by deliberate intention or culpable negligence or in case of injury of persons. The limitation furthermore doesn’t hold when the customer asserts claims regulated by law. The provisions regarding product liability are not touched. In case dubaruba grossly neglects a substantial contractual obligation, the duty to replace damage to property is limited to the typical extend of the damage caused. Ist he non-performance conducted by way of replacement delivery, the customer is obligated to return the article delivered earlier to dubaruba within 30 days, at the expense of dubaruba. The return shipment of the damaged good has to comply with the legal provisions. Dubaruba reserves the right to claim damages under the current legal provisions. The status of limitation („Verjährungsfrist“) is two years. Commencement of the term is the date of delivery.
All embedded logos, pictures and graphics in the dubaruba online store are owned by the respective companies and lie under the copyright of the respective licensers’. All photos, logos, texts, reports, scripts and programming routines, which have been produced or adapted by dubaruba, may not be copied or re-used without dubaruba’s written consent. All rights reserved.
XII. Partner Links
Dubaruba cannot be held responsible for the content of linked partner websites, which are beyond the influence of dubaruba.
The contractual relationship between dubaruba and the customer shall be governed by Austrian law with explicit exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and the principles regarding conflicts of law under international private law.
Any and all disputes arising from a sales agreement will be subject to the jurisdiction of the Vienna Commercial Court, or the Vienna District Commercial Court for district court proceedings. Where the contractual relationship is based on a consumer transaction as defined in the Austrian Consumer Protection Act (KSchG 1979 as amended), any suits against the consumer are to be filed with the court with general jurisdiction over the consumer. If more than one Court would be possible, the one closest to Vienna is stipulated.
Upon placing an order the customer agrees to the terms and conditions of dubaruba online shop. Partial invalidity of single provisions will not affect the other terms and conditions. Instead of an invalid provision a valid provision with the same legal and economic purpose will be put in place. Oral agreements need to be confirmed in writing in order to enter into force.