Terms and Conditions
Terms and Conditions
of Sale, Delivery and Payment of
OM SHIVA ESOTERIK, Vienna, Austria
1. Scope of application
The following terms and conditions of business shall apply to all orders transmitted electronically by Customers to OM SHIVA ESOTERIK and shall be acknowledged by Customer with each order.
2. Conclusion of contract
a. Prices, offers and items available on the Website are always subject to change. Any changes will only apply to any Orders made before they are accepted by OM SHIVA ESOTERIK in accordance with these Terms & Conditions. If we discover an error in the price of goods you have ordered we will inform you as soon as possible by email and give you the option of reconfirming your order at the correct price or cancelling the order altogether. If we are unable to contact you we will treat the order as cancelled.
b. We shall be entitled to accept the order by delivery of the commodities or by a confirmation mail within 14 days of receipt of the order by us. If the commodities are not available, we shall inform Customer without delay and reimburse any consideration which may have been received from Customer without delay.
c. A mail confirming receipt, which is automatically generated and dispatched by the system immediately after receipt of Customer's order, shall not represent a binding acceptance of the offer by us.
d. Within the framework of the order process, the risks of an inexplicable, faulty transmission shall be with Customer. Sale of the commodities offered by us shall only be in quantities customary for the trade.
e. Minimum order value: EUR 10,- plus shipping and C.O.D. charge.
a. The prices stated in the Internet at the time of the order shall apply. The prices stated shall be final prices, i.e. they contain the statutory Value Added Tax applicable at the time and other integral parts of prices plus dispatch costs, as can be seen from the following chart >> Fees and charges of Austrian Post Agency.
b. Customer shall pay a lump-sum for dispatch costs calculated according to weight and destination and notified to Customer during the order processes and dispatched by e-mail as an order confirmation. For inland transactions (inside Austria) with a net order value of € 300.00 or more, we supply franco domicile.
c. For orders outside the European Union, statutory Value Added Tax shall not be applicable. Proper registration of the commodities in the receiving country shall be a matter for Customer.
4. Delivery/delivery periods/transport
a. Delivery periods stated shall be non-committal and only approximate.
b. For items in stock the delivery time is appr. 4-5 working days within Europe. Items that are not in stock usually will be delivered within 10-14 days.
c. In case a delivery of an ordered product is not possible within 30 days, we will notify the Customer by email. If necessary, we are entitled to carry out part-deliveries.
d. Unforeseen obstacles in delivery, such as cases of force majeure, strike, etc. shall entitle us to postpone delivery for the duration of the prevention. In the event of the aforementioned obstacles in delivery, we can also withdraw from the contract to the extent that it has not been performed. Customer cannot derive any claims to damages herefrom.
a. The commodities shall be paid for in advance. Payments by credit card shall be possible at the terms stated during the ordering process. Payment by sending cash or cheques shall not be possible. Liability in the event of loss shall be ruled out.
b. Payment shall only have taken place when the corresponding amount is credited to us.
6. Retention of title
a. We reserve title to the object of purchase until complete payment of the purchase price.
7. Right of revocation for consumers:
a. Customer can revoke the contract by returning the commodities to us within 14 days of receipt without stating reasons. The period shall commence no earlier than receipt of the commodities and these instructions (confirmed by mouse click in the online order). Punctual dispatch of the commodities shall be sufficient in order to revoke the contract concluded with us. Returns shall be made to the following address:
OM SHIVA ESOTERIK
b. No right of revocation applies in particular for
- Audio- and video-recordings (CDs, DVDs etc.) and software
if the items have been unsealed
- special orders and orders that have been extra produced for the Customer
- items that are inappropriate for reshipment
- items that have been used or are not in their original wrapping.
c. Consequences of revocation: In the event of an effective revocation, the consideration received by both parties shall be restituted. If Customer cannot restitute the products received, either totally or partly or only in a deteriorated condition, it shall, if applicable, be obliged to compensation to us. d. Costs of return: Customer shall bear the costs of return. Refund of any mailing expenses is not possible.
8. Right of revocation for the supplier:
a. The supplier may refuse the acceptance of orders without stating reasons.
b. The supplier is entitled to withdraw from the contract in case of writing-, print- or calculation errors.
c. Offers are valid as long as stock lasts. If an item is out of stock the Customer will be notified by email.
9. Data protection
a. We reserve the right to examine Customer's creditworthiness, identity and/or authorisation to use a credit card stated or to have them examined by third parties in individual cases. In this context, forwarding of a copy of the personal identity card and/or the credit card of Customer stated can be necessary.
b. The data necessary for handling the transaction shall be stored electronically and forwarded to affiliated companies in the course of the handling of the transaction if need be. All personal data shall naturally be treated confidentially.
c. By ordering, Customer declares its agreement with electronic storage of its data on our online server. It shall be entitled at any time to insight into its data and to having information amended or deleted and to amend or delete them itself to the extent technically provided for in the system.
10. Applicable law / place of jurisdiction
a. The present agreement shall exclusively be governed by the law of the Federal Republic of Austria. The United Nations Convention of April 11, 1980, concerning contracts for the international sale of commodities shall not be applicable.
b. The competent court for Vienna shall have sole jurisdiction for all disputes arising from or in connection with a contractual relationship in which OM SHIVA is involved as a contractual partner.
Information according ECG
Company: Hawle Elisabeth - OM SHIVA ESOTERIK
Address: Autokaderstraße, 1210 Vienna
Tel.: +43 676 93 70 655
UID-Nr.: ATU 4898600