General Terms and Conditions of Business

Terms of Service

Terms and Conditions (GTC)

adiawaida Group eU

Managing Director:
Ionut Vaida
1. Validity
1.1. These terms and conditions apply between us and natural and legal persons (customer for short) for the legal transaction in question and also for all future transactions with corporate customers, even if no express reference was made to them in individual cases, in particular for future supplementary or follow-up orders.
1.2. The version of our General Terms and Conditions that is current at the time the contract is concluded applies to corporate customers, which can be accessed on our homepage ( http://www.awa-group .at).
1.3. We contract exclusively on the basis of our terms and conditions.
1.4. Terms and conditions of the customer or changes or additions to our terms and conditions require our express consent - in the case of corporate customers, in writing.
1.5. The customer's terms and conditions are not recognized even if we do not expressly object to them after receipt.
1.6. The version valid at the time the contract is concluded is decisive. These GTC apply exclusively. By placing an order, the customer agrees to these General Terms and Conditions and is bound by them. These terms and conditions also apply to future orders from the customer, even if they are not expressly agreed again.
1.7. Customers within the meaning of these General Terms and Conditions are consumers. If consumers are mentioned in these general terms and conditions, these are natural and legal persons for whom the purpose of the order cannot be attributed to a commercial, self-employed or pre-professional activity, i.e. a transaction is not part of the operation of their company. The demarcation between consumers and companies is made in accordance with the Austrian Consumer Protection Act (KSchG).

2. Offer/conclusion of contract
2.1. Our offers are non-binding.
2.2. Commitments, assurances and guarantees on our part or agreements that deviate from these General Terms and Conditions in connection with the conclusion of the contract shall only become binding for corporate customers if we confirm them in writing. This also applies to the waiver of the written form requirement.
2.3. Estimates are non-binding and are for guidance only.
2.4. Estimates are chargeable. Consumers are informed of the cost obligation before the cost estimate is prepared. If an order is placed for all of the services included in the cost estimate, the fee for the cost estimate will be credited to the relevant invoice.
2.5. All offers from adiawaida Group eU are non-binding; in particular, the presentation of services on the website does not represent a binding offer by the adiawaida Group eU; they are merely an invitation to submit an offer. Illustrations, drawings are only approximate values, unless they have been specified as an expressly binding fixed value for the respective product. The customer accepts minor and objectively justified changes.
2.6. adiawaida Group is entitled to accept the contract offer contained in the order within three working days of receipt by adiawaida Group eU. This acceptance is made by sending a written order confirmation. If the adiawaida Group eU does not send an order confirmation to the customer within the deadlines specified above, the customer's commitment period has expired and the purchase contract has not been concluded. adiawaida Group eU is entitled to refuse acceptance of the order, for example after checking the creditworthiness of the customer.

3. Prices
3.1. Prices are generally not to be understood as a flat rate.
3.2. There is an entitlement to reasonable remuneration for services ordered by the customer that are not covered by the original order.
3.3. In the case of additional services desired by the customer or desired or necessary changes to plans or agreements, we are notwithstanding point 3.2. entitled, but not obliged, to submit a new offer. We are entitled to suspend the provision of services until acceptance of this offer. If the new offer is not accepted within three weeks, we are entitled to withdraw from the contract.
3.4. We are not liable for the correctness and completeness of service descriptions.
3.5. The prices offered are daily prices and apply until revoked.
3.6. The customer can pay the price by credit card, bank transfer, cash or other on our website ( www.awa-group.at ) make the forms of payment offered. Full amount must be funneled in at time of order. adiawaida Group eU reserves the right to exclude individual payment methods after a credit check.
3.7. (Only for business customers) The customer undertakes to pay the price within 14 days of receipt of the service at the latest. After this period has expired, the customer is in default of payment. In the event of late payment, adiawaida Group eU is entitled to charge 5% interest on arrears pa, but in any case the statutory interest on arrears. We reserve the right to assert further damages. If the customer does not pay the amount owed after setting a reasonable grace period, Company-XY has the right to withdraw from the contract and/or to demand damages instead of performance.


4. Consumer's right of withdrawal according to FAGG
4.1. You have the right to withdraw from this contract within fourteen days without giving a reason.
4.2. In order to exercise your right of withdrawal, you must inform us, adiawaida Group eU, Maroltingergasse 86/8, 1160 Vienna, of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). inform.
4.3. In order to meet the cancellation deadline, it is sufficient for you to notify us of your exercise of the right of cancellation before the cancellation period has expired.

5. Limitations of Liability
5.1. Claims for damages are limited to damages caused intentionally or through gross negligence by adiawaida Group eU. Claims for damages in the event of slight negligence are excluded. The exclusion of liability does not apply to claims arising from the Product Liability Act. Furthermore, the exclusion of liability does not apply to adiawaida Group eU attributable damage resulting from injury to body or health or loss of life of the customer.
5.2. adiawaida Group eU is only liable for its own content on its website. Insofar as links allow access to other websites, adiawaida Group eU is not responsible for the external content contained there. adiawaida Group eU does not adopt the external content as its own. If adiawaida Group eU becomes aware of illegal content on external websites, adiawaida Group eU will immediately block access to these websites.

6. Copyright, Change of Address
6.1. Plans, sketches or other technical documents as well as samples, catalogues, brochures, illustrations and the like always remain the intellectual property of the adiawaida Group eU; the customer does not receive any rights of use or exploitation whatsoever.
11.2. The customer is obliged to notify the company adiawaida Group eU of any changes to his residential address as long as the contractual legal transaction has not been completely fulfilled by both parties. If the notification is omitted, declarations are also deemed to have been received if they are sent to the last known address.

7. Governing Law
7.1. If Austrian law does not apply anyway due to the orientation of this website to Austria, the applicability of Austrian law shall apply exclusively to the exclusion of the UN Sales Convention.
7.2. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

8. Final Provisions
8.1. The contract language is German.
8.2. If the customer violates these Terms of Sale and adiawaida Group eU does nothing about it, this does not mean that adiawaida Group eU waives its rights. adiawaida Group eU remains entitled to exercise its rights in the event of another/recent violation of the Conditions of Sale by the customer.
8.3. Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.

General
Austrian law applies.
The UN sales law is excluded.
The place of fulfillment is the registered office of the company (Vienna).
The place of jurisdiction for all disputes arising from the contractual relationship or future contracts between us and the corporate customer is the local court responsible for our registered office.

Kind regards,
Your awa Group team

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