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Scope and Parties
These General Terms and Conditions („T&C“), in the version applicable at the time the order is placed, govern all agreements entered into between J.M. Stricker KG („ETARO“) and the buyer („customer“). Any other or deviating terms and conditions will not be acknowledged unless accepted by ETARO in writing.
ETARO reserves the right to adapt and change the T&Cs.
Entering into a contract
Our offers in the online shop are not binding. By placing an order in our online shop, the customer makes a binding offer to purchase the product.
The customer may select items from ETARO's range of products and add them to a virtual shopping bag by clicking “ad to cart” button. By clicking on the “Buy” button, the Customer submits a binding offer to enter into a purchase agreement for the goods ordered and accepts the T&Cs.
Before submitting the order the customer may change and review the data provided. After the order is submitted the customer will receive an automatically generated email by which ETARO confirms that the order has been electronically received and recorded. This confirmation email shall not, however, constitute an acceptance of the offer to enter into a purchase agreement.
The purchase agreement comes into force after shipping confirmation has been sent by email and the products ordered have been sent.
Any sale of ETARO’s merchandise to the customer will be restricted to quantities customary in retail trade. This provision shall apply to both the number of items ordered as part of one single order and to several orders placed within a short period of time, each relating to the same product and a quantity customary in retail trade.
Language
Contracts with customers are made exclusively in either German or English, depending on whether the customer places an order using the German- or English-language online shop site. If the customer places an order through our German-language website, only the German version of these terms and conditions shall apply. If the customer places an order through our English-language website, only the English version of these terms and conditions shall apply.
Storage of contract data
The order information will be stored electronically. The customer may print out the order confirmation in case a hardcopy is desired. In addition, if the customer has registered, she/he can view orders in her/his personal customer account.
Availability of Goods
All offers are valid as long as stocks last. Errors excepted.
If the goods ordered are not available, ETARO will notify the customer immediately by email. In this case an order confirmation will not be sent and ETARO is entitled to cancel the order. A purchase agreement does not come into force. In case goods ordered are only partially not available, available goods from the same order are not affected. In case goods ordered are only unavailable temporarily, ETARO will inform the customer accordingly. If a delay in shipment of more than two weeks after order confirmation was sent, the customer is entitled to cancel the order. If it turns out that the goods are not available for the foreseeable future after the purchase agreement comes into force, ETARO will inform the customer by email. ETARO as well as the customer are entitled to withdraw from the purchase agreement in this case.
In case the purchase agreement is withdrawn ETARO will immediately refund any payments already made by the customer.
Price, shipment and delivery, transfer of risk
All prices are in Euro and include the applicable statutory value added tax. Prices quoted at the time of the respective order shall apply.
Deliveries take place to all countries of the European Union (list of countries of delivery see Shipment and Delivery). The customer will be informed about shipping costs during the order process. Goods will be shipped after ETARO receives the full purchase price (including VAT and shipping costs).
Delivery time is generally 3-5 workdays. The customer will be informed about the delivery time during the order process. ETARO is responsible solely for the timely, proper handover of the goods to the shipping company and is not responsible for any delays caused by the carrier. Any shipping time ETARO might indicates is therefore not binding.
If the customer is a consumer, the risk arising from accidental destruction, damage or loss of the goods passes to the customer at the time the goods are delivered to the customer or the customer is in default of acceptance. In all other cases, the risk is transferred when the goods are delivered to the customer by the carrier.
More information see Shipment and Delivery.
Payment methods and payment terms
ETARO accepts the following payment methods: PayPal and advance payment.
In case payment via third party payment providers, as for example PayPal, general terms and conditions of this third party payment provider apply. ETARO reserves the right to refuse certain methods of payments in particular cases or to refer to different methods of payment. The customer may change the method of payment on her/his customer account anytime.
The purchase price (including VAT and shipping costs) is payable immediately with each payment methods and has to be settled before goods are shipped.
Retention of title and transfer of ownership
ETARO retains title of the goods delivered until full payment of the purchase price (including VAT and shipping costs) has been received.
Warranty
For all goods statutory provisions apply.
For the purpose of proper and efficient processing the customer should verify the goods delivered for completeness and damages immediately upon their arrival.
All warranty claims of the customer shall expire if the customer changes or otherwise interferes with the goods. The same shall apply in case the customer does not follow the instructions on handling and care (e.g. washing instructions).
Copyright
The content of this website is protected by coyright. The information provided is limited to personal use only. Any other use of the content provided on this website (especially in contradiction to copyright law) without the consent of ETARO is forbidden.
Liability
ETAROs liability shall generally be restricted to damages resulting from gross negligence or wilful misconduct. Any liability for damages due to ordinary negligence are explicitly excluded. This limitation of liability shall not apply to claims relating to personal injury. Any compensation for consequential damages due to defects, economic loss, failure to realise savings, interest cost and interest losses and damages resulting from third party claims against the Buyer shall be excluded, except for such damages caused by wilful misconduct or gross negligence on the part of ETARO or ETAROs agents.
No liability for eyxternal links
On its web pages, ETARO may provide links to other sites on the World Wide Web. The following shall apply to all such links: ETARO explicitly declares that ETARO has no influence whatsoever on the design and content of third party websites made accessible via links on ETAROs websites. Therefore, ETARO hereby explicitly distances itself from the contents of all third party websites linked by ETARO and dissociates itself from such contents. This declaration applies to all links appearing on ETAROs websites and all contents of web pages accessible via the links appearing on ETAROs websites.
General return policy
All products from ETARO can be returned within 28 days from the date on which you (or someone you nominate) received the products purchased. This right is limited to unused, unwashed and undamaged products from which tags and/or protective seal attached have not been removed. In case these conditions are not fulfilled ETARO may reduce your refund to reflect such decrease in value, up to the total amount you paid for the relevant product(s).
More information see Shipment and Delivery.
Right of withdrawal
Independent from the general return policy buyers are entitled to cancel this agreement within fourteen days without giving any reason. The withdrawal period will expire after fourteen days from the day on which the Buyer or a third party other than the carrier and indicated by the Buyer, acquires physical possession of the goods. To exercise his right of withdrawal, the Buyer shall inform ETARO, by means of an unequivocal statement (e.g. a letter sent by postal mail, telefax or email), of his decision to withdraw from this Agreement. The buyer may use the form provided under the following link.
Such statement of withdrawal shall be made to the following addresses:
J.M. Stricker KG
Bandgasse 7/2/20
1070 Vienna
Austria
or to:
Effects of withdrawal
If the Buyer withdraws from this Agreement, ETARO shall reimburse to Buyer all payments received from Buyer, including the costs of delivery (with the exception of the supplementary costs resulting from Buyer’s choice of a type of delivery other than the least expensive type of standard delivery offered by ETARO), without undue delay and in any event not later than fourteen days from the day on which ETARO is informed about Buyer’s decision to withdraw from this Agreement.
Unless otherwise agreed, ETARO will carry out such reimbursement using the same means of payment as the Buyer used for the initial transaction; in any event, Buyer will not incur any fees as a result of such reimbursement.
ETARO may withhold reimbursement until ETARO has received the goods back or Buyer has supplied evidence of having sent back the goods, whichever is the earliest.
The Buyer shall send back the goods subject to withdrawal or hand them over to ETARO, without undue delay and in any event not later than fourteen days from the day on which the Buyer has notified ETARO of his withdrawal from this Agreement. The deadline is met if the Buyer sends back the goods before the period of fourteen days has expired.
The Buyer shall provide compensation to ETARO for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Data privacy
ETARO processes personal data according to legal provisions.
The use by ETARO of any personal data stored by Buyers in their Account (email address, postal address, etc.), shall, exclusively be restricted to the purpose of processing the orders placed via this Webshop. ETARO shall not transfer any personal data to third parties, except as necessary for the purpose of order processing (e.g. the dispatch).
The buyer has the right to request information on personal data collected by ETARO. Furthermore the buyer has the right to ask for the correction of incorrect data and the deletion of personal data as far as no statutory period of retention contradicts this.
Additional information on the collection, the storage und the usage of personal data see privacy policy.
Final provisions
Should any individual provisions of these T&C be or become fully or partially invalid or unenforceable, the validity of the remaining provisions and the formation of an agreement shall not be affected thereby. Any such invalid or unenforceable provisions shall be deemed to be replaced by other valid and enforceable provisions that correspond as closely as possible to the commercial purpose of the invalid provisions. The same shall apply to any loopholes in the provisions of these T&C.
