General Terms and Conditions for orders in the WestFoto Online Shop
1. Scope of Aplication
These General Terms and Conditions apply to all sales contracts concluded between WestFoto - a trademark of Otto Sauseng GmbH (hereinafter «WestFoto») as seller and you as buyer (hereinafter «Buyer») in connection with the order in the "WestFoto Webshop" in the version valid at the time of the order.
Any general terms and conditions of the «Buyer» shall not apply.
2. Contracting Parties
The contractual partner of the «Buyer» is WestFoto - a trademark of the
Otto Sauseng GmbH
Company registration number: Firmenbuch FN 153474y
Company court: Handelsgericht Wien
VAT number: ATU41674602
CEOs: DI Ulla Becvar-Sauseng and Martin Sauseng
Phone: +43 1 485 86 11
Fax: +43 1 485 86 11-21
Business hours: Mon-Thu 08:00-12:00 h and 12:45-17:00 h, Fri 08:00-12:00 h and 12:45-14:00 h
«WestFoto» concludes contracts only with natural persons of full legal capacity who have reached the age of 18 or with legal entities.
3. Conclusion of Contract
The order of the «Buyer» represents an offer to «WestFoto» to conclude a sales contract. «WestFoto» confirms receipt of the order by e-mail (order confirmation). This order confirmation does not represent an acceptance of the offer, but the purchase contract is only concluded when «WestFoto» sends the ordered goods to the «Buyer».
"WestFoto" will ship the ordered goods as soon as possible from its location in Vienna, Austria. The delivery area covers all member states of the EU, the delivery times for deliveries to Austria are: 1-2 working days, to Germany: 1-3 working days, to Belgium, Denmark, France, Italy, Croatia, Luxembourg, Netherlands, Poland, Slovakia, Slovenia, Czech Republic, Hungary: 4-6 working days, to Bulgaria, Estonia, Finland, Greece, Ireland, Latvia, Lithuania, Malta, Portugal, Romania, Spain, Sweden, United Kingdom, Cyprus: 6-9 working days.
In the event that the «Buyer» withdraws from his order due to a delay in delivery, «WestFoto» will immediately refund any payments already made to «WestFoto», using, if possible, the same means of payment as the «Buyer» has used to process the payment.
4. Right of withdrawal
Consumers have a fortnightly right of withdrawal.
Right of withdrawal
The «Buyer» has the right to revoke this contract within fourteen days without giving reasons.
The revocation period shall be fourteen days from the day on which the «Buyer» or a third party named by him who is not the carrier has taken possession of the last goods.
In order to exercise his right of revocation, the «Buyer» must inform
WestFoto – a trademark
Otto Sauseng GmbH
AT-1160 Vienna, Austria
Phone +43 1 485 86 11
Fax +43 1 485 86 11 21
by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of his decision to withdraw from this contract. The «Buyer» may use the attached sample revocation form for this purpose, which is, however, not mandatory.
In order to comply with the cancellation period, it is sufficient for the «Buyer» to send notification of the exercise of the right of cancellation before the expiry of the cancellation period.
Consequences of revocation
If the «Buyer» cancels this Agreement, we shall reimburse him immediately and no later than fourteen days from the date on which we received notification of the cancellation of this Agreement for all payments we have received from him, including the delivery costs (with the exception of the additional costs arising from the fact that the «Buyer» has chosen a type of delivery other than the cheapest standard delivery offered by us). For such repayment we shall use the same means of payment as the «Buyer» used for the original transaction, unless expressly agreed otherwise with the «Buyer»; in no event shall the «Buyer» be charged for such repayment. We may refuse repayment until we have received the goods back or until the «Buyer» has provided evidence that the goods have been returned, whichever is the earlier.
The «Buyer» shall return or hand over the goods to us immediately and in any case within fourteen days of the day on which he informs us of the revocation of this contract at the latest. This period shall be deemed to have been observed if the «Buyer» dispatches the goods before expiry of the period of fourteen days. The «Buyer» shall bear the direct costs of returning the goods. The «Buyer» shall only be liable for any loss in value of the goods if such loss in value is attributable to handling of the goods which is not necessary for testing their condition, properties and functionality.
The right of revocation does not apply to the following contracts:
- Sound or video recordings or computer software supplied in a sealed package, provided that the seal has been removed after delivery;
- Contracts for the supply of goods which are not prefabricated and the manufacture of which is based on an individual choice or destination by the «Buyer» or which are clearly tailored to the personal needs of the «Buyer».
The goods shall be delivered at the expense of the «Buyer». The risk of loss of or damage to the goods shall pass to the «Buyer» as soon as the goods are delivered to him or to a third party designated by him.
Delivery shall be made to the address indicated by the «Buyer» or by collection at «WestFoto» at the above address during business hours.
For all prices it is clearly stated whether they are gross (incl. VAT) or net (excl. VAT). All prices are plus shipping costs. The shipping costs are calculated and shown separately for each order within the order process. From a goods value of EUR 240.00 gross incl. VAT. (= EUR 200,00 net excl. VAT) "WestFoto" delivers free of shipping costs.
The payment of the ordered goods takes place with one of the payment variants offered by «WestFoto». «WestFoto» remains the owner of the goods until full payment has been received.
8. Data Protection
«WestFoto» will only collect, process and store data of the «Buyer» in connection with the processing of the order. The data will only be passed on to partner companies for order processing purposes. A utilization or passing on beyond the scope clarified hereby will not take place.
The guarantee is the manufacturer's voluntary promise that a thing will function for a certain period of time. The guarantee is usually linked to certain conditions and can be limited, e.g. to certain parts. If and under what conditions the manufacturer provides a manufacturer's warranty for the goods you have purchased, please refer to the package insert of the goods or contact the manufacturer directly. If you wish to claim a manufacturer's warranty on goods purchased from «WestFoto», «WestFoto» will communicate with the manufacturer.
Warranty is the statutory liability of «WestFoto» for defects in the purchased goods at the time of delivery to the «Buyer». Defects that occur at a later point in time are not covered by the warranty. The period for asserting warranty claims is two years, whereby «WestFoto» must prove within the first six months after handover that the defect did not yet exist at the time of handover; from the seventh month onwards, the burden of proof lies with the «Buyer». «WestFoto» shall examine the complaints asserted by the «Buyer» and, if necessary, replace legal claims within the legally prescribed framework.