Allgemeine Geschäftsbedingungen (AGB)
The terms and conditions apply to the use of the AirDesign Webshop, at www.ad-gliders.com/shop-ad by a visitor, called hereater “buyer”. By placing an order, buyer is agreeing to accept the following terms and conditions (The Conditions).
Please note, these terms and conditions can potentially change at any time, and it is up to buyer to check these terms and conditions regularly before ordering products in case there are any changes. If buyer does not agree with the terms and conditions set out below, he should not use or access these web pages.
If buyer have any queries relating to our terms and conditions, he shall contact AirDesign GmbH at email@example.com before placing an order.
1°/ GENERAL INFORMATION
www.ad-gliders.com/shop-ad is the web page of AirDesign GmbH, Rhombergstrasse 9, 6067, Absam, Austria. Registered VAT number UID Nr. ATU66352608; FN:359973y. The following terms and conditions will apply between the buyer and AirDesign GmbH.. The terms do not affect the buyer’s statutory rights.
Buyer’s contract for purchases made through www.ad-gliders.com/shop-ad is with AirDesign GmbH and buyer undertakes that all goods ordered by him are for his own private and domestic use only and are not for resale.
Buyer must be eighteen years old or older to use this site. If buyer is under eighteen, he may only use this site with the agreement of, and under the supervision of, a parent or guardian. If buyer does not qualify, he shall not use this site.
Buyer warrants that all details provided to AirDesign GmbH for the purpose of ordering or purchasing goods are true, accurate, current and complete in all respects; and that the credit card yused is his own and that there are sufficient funds in his account to cover payment of the product(s) ordered.
Buyer agrees that e-mail can be used as a long-distance means of communication.
During the registration process, buyer must choose a username and password. Buyer is responsible for all actions taken under that username and password and must only purchase from www.ad-gliders.com/shop-ad under his own username and password. Buyer must make every effort to keep his password safe and should not disclose it to anyone. If buyer thinks someone else might know it, he must change it. He may not transfer or sell his username to anyone, nor permit, either directly or indirectly, anyone to use his username or password. If there are any changes to the details supplied by buyer, it is his responsibility to inform AirDesign GmbH as soon as possible.
It is a crime to use a false name or a known invalid credit card to order. Anyone caught deliberately entering an incorrect or fictitious order will be prosecuted to the fullest extent of the law. AirDesign GmbH tracks the electronic ‘fingerprints’ of every order placed on www.ad-gliders.com/shop-ad to enable us, and all legitimate crime prevention and prosecution authorities, to trace individual users engaging in criminal activities on or using our website.
AirDesign GmbH reserves the right to end their agreement with buyer and to suspend or terminate his access to the site immediately and without notice if :
buyer faisl to make payment to us when due
buyer breaches any of our terms and conditions
when requested by us to do so, buyer fails to provide within a reasonable time frame, enough information to let us to check the accuracy and validity of any information supplied by him, or his identity
we suspect he has engaged, or is about to engage, or have way of being involved in fraudulent or illegal activity on www.ad-gliders.com/shop-ad
2°/ BUYER’S RESPONSIBILITIES IF HE BREAKS THESE CONDITIONS
Buyer agrees that if he breaks these Conditions, or any liabilities are incurred arising out of his use of this website, he will be responsible for the costs and expenses that we or our officers, directors, employees, agents and suppliers incur as a result of the breach, including reasonable legal fees (if applicable). He will remain liable if someone else uses his shopping account and/or personal information unless he can prove that such use was fraudulent.
When placing an order, buyer agrees that any and all information given is accurate and complete.
All orders are subject to acceptance and product availability.
If www.ad-gliders.com/shop-ad does not have enough stock to deliver the goods ordered, buyer will be contacted and given the choice that we reimburse the funds paid or the payment remains buyer’s credit until the items are back in stock and ready to be despatched.
All prices listed on www.ad-gliders.com/shop-ad are correct at the time of entering the information, however, we reserve the right to change prices of any product at any time. All prices include sales tax.
No contract for the sale of any product will exist between buyer and www.ad-gliders.com/shop-ad until we accept buyer’s order by dispatching the product to him. When this happens we will confirm the acceptance by sending buyer an email.
This confirmation email will be sent to the email address given in buyer’s order form and will detail products ordered, payment method, cost (including VAT and P&P) and usual delivery times.
Buyer must check all the details on this confirmation email are correct and contact us as soon as possible if any details are incorrect.
If order has not been accepted, buyer will receive an email from us explaining the reasons why.
We aim to cover all areas with our Express service, but unfortunately it cannot be guaranteed in certain areas.
The delivery period stated within which buyer will receive his order is approximate. Goods will be sent to the address provided in buyer’s order. If buyer is ordering more than one item, goods may be sent in instalments if certain items are out of stock.
If delivery address is outside of Austria, buyer may have to pay import duties and taxes, which are levied once a shipment reaches buyer’s country. Buyer must meet any additional charges for customs clearance. Customs policies vary widely from country to country. We recommend to contact local customs office for further information.
International shipments may be subject to cross-border inspections by customs authorities.
Prices quoted are based on Austria delivery. For non-Austria deliveries local tax will apply and the price may be adjusted at checkout.
www.ad-gliders.com/shop-ad accept Paypal, MasterCard, Visa and American Express
All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of payment card refuses to authorise payment to us, we will not be liable for any delay.
6°/ CANCELLING AN ORDER/RETURNS PROCEDURE
If buyer hasn’t submitted an order, he may clear the items in the shopping basket at any time.
If buyer has placed an order but then wishes to change or cancel it, he shall contact us as soon as possible, as orders move rapidly through to our warehouse. We will try our best to make any changes but we cannot guarantee that we will be able to do so as the order may already have been processed. In such cases, buyer may have to wait until he receives the order and then follows the normal Returns procedures.
Once we’ve heard from buyer that order shall be cancelled, any sum debited to us from credit card will be re-credited to that credit account or reimbursed to by bank transfer within 14 days of order, provided the goods returned are in the same condition that they were when delivered. Buyer will be liable to any charges incurred when returning the goods to www.ad-gliders.com/shop-ad, unless the return is as a result of an error on our side.
Buyer will have to pay the costs of sending the order back to us.
7°/ CONTRACT CANCELLATION
Buyer can cancel this contract if he so wish, provided that he exercises his rights to do so within fourteen working days after the day on which he receives the products.
If he wish to cancel the order, procedure set out in our Returns procedure has to be followed.
www.ad-gliders.com/shop-ad will not pass on any personal, credit or debit card details to any third party.
9°/ DISPUTE RESOLUTION
If buyer has a dispute with www.ad-gliders.com/shop-ad, we’ll always try to sort things out if he contacts us at firstname.lastname@example.org.
We do not accept liability (except as set out below) for any errors and/or omissions contained in our website and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services at any time and without notice.
If an error is discovered in the price of the goods that buyer has ordered, we will inform him as soon as possible. We shall be under no obligation to fulfil an order for a product that was advertised at an incorrect price. In the event that buyer orders an item and the price published on www.ad-gliders.com/shop-ad is incorrect for any reason, we will email buyer to inform him that we have not accepted the order, and that the order has been cancelled. Buyer will be advised of the correct price of the subject product. He may re-order it if he so wishes. If buyer has already paid for the goods in the circumstances described in this clause, we shall refund the full amount within 30 days of the date of order. Should buyer choose to re-order at the correct price, a separate transaction will be posted to his credit card.
In the unlikely event that buyer receives goods which were not what he ordered or which are damaged or defective, or are of a different quantity to that stated on the order form, we shall make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to buyer the amount paid for the goods in question provided that buyer notifies us of the problem in writing at the address stated in the confirmation email within 14 working days of delivery of the goods plus return the goods to us, unless we inform him that return is not necessary. This provision does not affect buyer’s statutory rights.
We have taken every measure to provide accurate product images for each product for sale on the site. However, due to a number of different factors such as Internet browsers, monitor colour contrasts etc, we cannot be held responsible or liable for any differences in colour between the image and the actual product.
The products sold on www.ad-gliders.com/shop-ad are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from www.ad-gliders.com/shop-ad.
We have taken every measure to prevent Internet fraud and ensure any data collected from buyer is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers.
We shall have no liability to buyer for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
We make no warranty that the Website will meet buyer’s requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to buyer for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the conditions for:
Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
Any loss of goodwill or reputation; or
Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees
All rights, including copyright, in the content of the www.ad-gliders.com/shop-ad web pages are owned or controlled by AirDesign GmbH. In accessing www.ad-gliders.com/shop-ad web pages, buyer agrees that he may only download the content for your own individual and non-commercial use. Buyer is not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of the www.ad-gliders.com/shop-ad web pages for any other purpose whatsoever without the prior written permission of AirDesign GmbH.
12°/ THIRD PARTY INFORMATION
We can not be held responsible for material displayed on third party websites or any other written material. The only prices that apply for AirDesign GmbH products are those stated on the AirDesign material. We can not vouch for the reliability of prices stated on shopping directories or through any other third party.
13°/ ENTIRE AGREEMENT
These Conditions govern our relationship with buyer. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what AirDesign GmbH and buyer are expected to do. Buyer confirms that, in agreeing to accept the Conditions, he has not relied on any representation except where that representation has been made a term of these Conditions and he agrees that he shall have no remedy in respect of any representation. Buyer’s statutory rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
The Conditions shall be governed by and construed in accordance with the laws of Austria and buyer irrevocably submit to the exclusive jurisdiction of the courts of Austria.